(730 ILCS 5/3-7-2.5)
Zero tolerance drug policy.
(a) Any person employed by the Department of Corrections who tests positive
accordance with established Departmental drug testing procedures for any
prohibited by the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection Act shall be
discharged from employment. Refusal to submit to a drug test, ordered in
with Departmental procedures, by any person employed by the Department shall be
construed as a positive test, and the person shall be discharged from
Testing of employees shall be conducted in accordance with established
Departmental drug testing procedures. Changes to established drug testing
that are inconsistent with the federal guidelines specified in the Mandatory
Federal Workplace Drug Testing Program, 59 FR 29908, or that affect
terms and conditions of employment, shall be negotiated with an exclusive
representative in accordance with the Illinois Public Labor Relations Act.
(1) All samples used for the purpose of drug testing
shall be collected by persons who have at least 15 hours of initial training in the proper collection procedures and at least 8 hours of annual follow-up training. Proof of this training shall be available upon request. In order to ensure that these persons possess the necessary knowledge, skills, and experience to carry out their duties, their training must include guidelines and procedures on maintaining the integrity of the collection process, ensuring the privacy of employees being tested, ensuring the security of the specimen, and avoiding conduct or statements that could be viewed as offensive or inappropriate. Proficiency in the proper collection process must be demonstrated prior to certification.
(2) With respect to any bargaining unit employee, the
Department shall not initiate discipline of any employee who authorizes the testing of a split urine sample in accordance with established Departmental drug testing procedures until receipt by the Department of the test results from the split urine sample evidencing a positive test for any substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
(b) Any employee discharged in accordance with the provisions of subsection
shall not be eligible for rehire by the Department.
(Source: P.A. 98-757, eff. 7-16-14.)