Bill Text: IL SB1589 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Substance Abuse Prevention on Public Works Projects Act. Provides that oral fluid tests and hair tests may be administered to test for drug use. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB1589 Detail]
Download: Illinois-2019-SB1589-Introduced.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Substance Abuse Prevention on Public Works | |||||||||||||||||||
5 | Projects Act is amended by changing Section 15 as follows:
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6 | (820 ILCS 265/15)
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7 | Sec. 15. Substance abuse prevention programs required. | |||||||||||||||||||
8 | (1) Before an employer commences work on a public works | |||||||||||||||||||
9 | project, the employer shall have in place a written program | |||||||||||||||||||
10 | which meets or exceeds the program requirements in this | |||||||||||||||||||
11 | Act, to be filed with the public body engaged in the | |||||||||||||||||||
12 | construction of the public works and made available to the | |||||||||||||||||||
13 | general public, for the prevention of substance abuse among | |||||||||||||||||||
14 | its employees. The testing must be performed by a | |||||||||||||||||||
15 | laboratory that is certified for Federal Workplace Drug | |||||||||||||||||||
16 | Testing Programs by the Substance Abuse and Mental Health | |||||||||||||||||||
17 | Service Administration of the U.S. Department of Health and | |||||||||||||||||||
18 | Human Services. At a minimum, the program shall include all | |||||||||||||||||||
19 | of the following: | |||||||||||||||||||
20 | (A) A minimum requirement of (1) a 9 panel urine | |||||||||||||||||||
21 | drug test plus a test for alcohol , (2) an oral fluid | |||||||||||||||||||
22 | test, or (3) a hair test . Testing an
employee's blood | |||||||||||||||||||
23 | may only be used for post-accident testing, however, |
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1 | blood
testing is not mandatory for the employer where a | ||||||
2 | urine test is sufficient. | ||||||
3 | (B) A prohibition against the actions or | ||||||
4 | conditions specified in Section 10. | ||||||
5 | (C) A requirement that employees performing the | ||||||
6 | work on a public works project submit to pre-hire, | ||||||
7 | random, reasonable suspicion, and post-accident drug | ||||||
8 | and alcohol testing. Testing of an employee before | ||||||
9 | commencing work on a public works project is not | ||||||
10 | required if the employee has been participating in a | ||||||
11 | random testing program during the 90 days preceding the | ||||||
12 | date on which the employee commenced work on the public | ||||||
13 | works project. | ||||||
14 | (D) A procedure for notifying an employee who | ||||||
15 | violates Section 10, who tests positive for the | ||||||
16 | presence of a drug in his or her system, or who refuses | ||||||
17 | to submit to drug or alcohol testing as required under | ||||||
18 | the program that the employee may not perform work on a | ||||||
19 | public works project until the employee meets the | ||||||
20 | conditions specified in subdivisions (2)(A) and (2)(B) | ||||||
21 | of Section 20. | ||||||
22 | (2) Reasonable suspicion testing. An employee whose | ||||||
23 | supervisor has reasonable suspicion to believe the | ||||||
24 | employee is under the influence of alcohol or a drug is | ||||||
25 | subject to discipline up to and including suspension, and | ||||||
26 | be required to undergo an alcohol or drug test. "Reasonable |
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1 | suspicion" means a belief, based on behavioral | ||||||
2 | observations or other evidence, sufficient to lead a | ||||||
3 | prudent or reasonable person to suspect an employee is | ||||||
4 | under the influence and exhibits slurred speech, erratic | ||||||
5 | behavior, decreased motor skills, or other such traits. | ||||||
6 | Circumstances, both physical and psychological, shall be | ||||||
7 | given consideration. Whenever possible before an employee | ||||||
8 | is required to submit to testing based on reasonable | ||||||
9 | suspicion, the employee shall be observed by more than one | ||||||
10 | supervisory or managerial employee. It is encouraged that | ||||||
11 | observation of an employee should be performed by a | ||||||
12 | supervisory or managerial employee who has successfully | ||||||
13 | completed a certified training program to recognize drug | ||||||
14 | and alcohol abuse. The employer who is requiring an | ||||||
15 | employee to be tested based upon reasonable suspicion shall | ||||||
16 | provide transportation for the employee to the testing | ||||||
17 | facility and may send a representative to accompany the | ||||||
18 | employee to the testing facility. Under no circumstances | ||||||
19 | may an employee thought to be under the influence of | ||||||
20 | alcohol or a drug be allowed to operate a vehicle or other | ||||||
21 | equipment for any purpose. The employee shall be removed | ||||||
22 | from the job site and placed on inactive status pending the | ||||||
23 | employer's receipt of notice of the test results. The | ||||||
24 | employee shall have the right to request a representative | ||||||
25 | or designee to be present at the time he or she is directed | ||||||
26 | to provide a specimen for testing based upon reasonable |
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1 | suspicion. If the test result is positive for drugs or | ||||||
2 | alcohol, the employee shall be subject to termination. The | ||||||
3 | employer shall pay all costs related to this testing. If | ||||||
4 | the test result is negative, the employee shall be placed | ||||||
5 | on active status and shall be put back to work by the | ||||||
6 | employer. The employee shall be paid for all lost time to | ||||||
7 | include all time needed to complete the drug or alcohol | ||||||
8 | test and any and all overtime according to the employee's | ||||||
9 | contract. | ||||||
10 | (3) An employer is responsible for the cost of | ||||||
11 | developing, implementing, and enforcing its substance | ||||||
12 | abuse prevention program, including the cost of drug and | ||||||
13 | alcohol testing of its employees under the program, except | ||||||
14 | when these costs are covered under provisions in a | ||||||
15 | collective bargaining agreement. The testing must be | ||||||
16 | performed by a laboratory that is certified for Federal | ||||||
17 | Workplace Drug Testing Programs by the Substance Abuse and | ||||||
18 | Mental Health Service Administration of the U.S. | ||||||
19 | Department of Health and Human Services. The contracting | ||||||
20 | agency is not responsible for that cost, for the cost of | ||||||
21 | any medical review of a test result, or for any | ||||||
22 | rehabilitation provided to an employee.
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23 | (Source: P.A. 95-635, eff. 1-1-08.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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