Full Text of SB1589 101st General Assembly
SB1589 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1589 Introduced 2/15/2019, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Substance Abuse Prevention on Public Works | 5 | | Projects Act is amended by changing Section 15 as follows: | 6 | | (820 ILCS 265/15)
| 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.
| 23 | | (Source: P.A. 95-635, eff. 1-1-08.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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