101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4623

 

Introduced 2/5/2020, by Rep. Bob Morgan

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 130/50
820 ILCS 55/5  from Ch. 48, par. 2855

    Amends the Compassionate Use of Medical Cannabis Program Act. Provides that employers are not prohibited from adopting specified policies concerning medical cannabis by registered qualifying patients, including drug testing policies for such patients working in safety sensitive positions. Unless specified circumstances are met, prohibits employers from taking adverse action against registered qualifying patients who work in non-safety sensitive positions solely due to a positive drug test for medicinal cannabis. Defines "safety sensitive position". Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of a registered qualifying patient when enforcing a compliant policy. Makes other changes. Amends the Right to Privacy in the Workplace Act. Provides that the amendatory Act's provisions are an exception to provisions prohibiting an employer from refusing to hire or to discharge or disadvantage any individual because the individual uses lawful products off the premises of the employer during nonworking and non-call hours. Effective immediately.


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A BILL FOR

 

HB4623LRB101 17726 CPF 67154 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Compassionate Use of Medical Cannabis
5Program Act is amended by changing Section 50 as follows:
 
6    (410 ILCS 130/50)
7    Sec. 50. Employment; employer liability.
8    (a) Nothing in this Act shall prohibit an employer from
9adopting a reasonable policy regulations concerning drug
10testing for, smoking, vaping, consuming, storing, or using
11medical cannabis by registered the consumption, storage, or
12timekeeping requirements for qualifying patients related to
13the use of medical cannabis.
14    (b) Nothing in this Act shall prohibit an employer from
15enforcing a preemployment drug testing policy concerning drug
16testing, zero-tolerance drug testing policy, random drug
17testing policy, or a drug free workplace provided the policy is
18applied to registered qualifying patients working in safety
19sensitive positions in a nondiscriminatory manner.
20    For purposes of this Section, "safety sensitive position"
21means any position designated in writing by the employer as a
22safety sensitive position in which the person performing the
23position, or duties required of the position, while under the

 

 

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1influence of cannabis, may constitute a threat to or endanger
2the health or safety of themselves or others. "Safety sensitive
3position" includes, but is not limited to, the following:
4        (1) A position that requires any of the following:
5            (A) carrying a firearm;
6            (B) performing medical procedures,
7        life-threatening procedures, or emergency services;
8            (C) providing direct child care, direct patient
9        care, or the supervising of such care;
10            (D) direct responsibility for the safety or
11        security of people, children, animals, or property, or
12        the supervising of someone with that direct
13        responsibility;
14            (E) working with hazardous or flammable materials,
15        controlled substances, or pharmaceuticals;
16            (F) access to or control over cash, checks, credit
17        cards, credit card account information, or the
18        authority or ability to commit financial resources of
19        the business or organization, in an amount that is:
20                (i) set by the business or organization that
21            could detrimentally impact the business or
22            organization with a supporting written
23            explanation;
24                (ii) $5,000 or more; or
25                (iii) required of the registered qualifying
26            patient as a standard fidelity bond or an

 

 

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1            equivalent bond; or
2            (G) access to or responsibility for sensitive
3        personal identifying information of individuals,
4        including, but not limited to, social security numbers
5        or biometric information; or
6            (H) handling food or beverages.
7        (2) A position in which a lapse of attention could
8    result in injury, illness, death, or damage to property,
9    including without limitation a position that includes, but
10    need not be limited to, operating, repairing, maintaining,
11    monitoring, or designing equipment, machinery, critical
12    services and infrastructure, aircraft, motorized
13    watercraft, or motor vehicles as part of the position's job
14    duties.
15        (3) A position wherein undertaking any task under the
16    influence of cannabis could constitute negligence,
17    professional malpractice, or professional misconduct.
18    (c) Nothing in this Act shall limit an employer from
19disciplining a registered qualifying patient for violating a
20workplace drug policy. However, an employer shall not take
21adverse action against a registered qualifying patient in a
22non-safety sensitive position solely due to a positive drug
23test for cannabis, unless:
24        (1) the test result exceeds the limits set forth in
25    Section 11-501.2 of the Illinois Vehicle Code;
26        (2) the registered qualifying patient failed to

 

 

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1    provide written notice under the employer's policy that:
2            (A) the registered qualifying patient was cleared
3        to work; or
4            (B) a restriction regarding notification of the
5        use of a prescription or nonprescription drug that
6        could affect the registered qualifying patient's job
7        performance applies to the registered qualifying
8        patient; or
9        (3) the registered qualifying patient failed to
10    certify to his or her employer or the employer's medical
11    review officer during a drug test that he or she is a
12    registered qualifying patient.
13    Notice under this subsection shall not require the
14registered qualifying patient to provide the condition for
15which he or she is using medical cannabis.
16    (d) Nothing in this Act shall limit an employer's ability
17to discipline a registered qualifying patient an employee for
18failing a drug test if failing to do so would put the employer
19in violation of federal law or cause it to lose a federal
20contract or funding.
21    (e) Nothing in this Act shall be construed to create a
22defense for a third party who fails a drug test.
23    (f) An employer may consider a registered qualifying
24patient to be impaired when he or she tests positive for
25cannabis that exceeds the limits set forth in Section 11-501.2
26of the Illinois Vehicle Code, or manifests specific,

 

 

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1articulable symptoms while working that decrease or lessen his
2or her performance of the duties or tasks of the registered
3qualifying patient's employee's job position, including
4symptoms of the employee's speech, physical dexterity,
5agility, coordination, demeanor, irrational or unusual
6behavior, negligence or carelessness in operating equipment or
7machinery, disregard for the safety of the registered
8qualifying patient employee or others, or involvement in an
9accident that results in serious damage to equipment or
10property, disruption of a production or manufacturing process,
11or carelessness that results in any injury to the registered
12qualifying patient employee or others. If an employer elects to
13discipline a registered qualifying patient under this
14subsection, it must afford the registered qualifying patient
15employee a reasonable opportunity to contest the basis of the
16determination.
17    (g) Nothing in this Act shall be construed to create or
18imply a cause of action for any person against an employer for:
19(1) actions based on the employer's good faith belief that a
20registered qualifying patient used or possessed cannabis while
21on the employer's premises or during the hours of employment;
22(2) actions based on the employer's good faith belief that a
23registered qualifying patient was impaired while working on the
24employer's premises during the hours of employment; (3)
25disciplining or terminating the employment of a registered
26qualifying patient when enforcing a drug policy in compliance

 

 

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1with this Section; or (4) (3) injury or loss to a third party
2if the employer neither knew nor had reason to know that the
3employee was impaired.
4    (h) Nothing in this Act shall be construed to interfere
5with any federal restrictions on employment including but not
6limited to the United States Department of Transportation
7regulation 49 CFR 40.151(e).
8(Source: P.A. 98-122, eff. 1-1-14.)
 
9    Section 10. The Right to Privacy in the Workplace Act is
10amended by changing Section 5 as follows:
 
11    (820 ILCS 55/5)  (from Ch. 48, par. 2855)
12    Sec. 5. Discrimination for use of lawful products
13prohibited.
14    (a) Except as otherwise specifically provided by law,
15including Section 10-50 of the Cannabis Regulation and Tax Act
16and Section 50 of the Compassionate Use of Medical Cannabis
17Program Act, and except as provided in subsections (b) and (c)
18of this Section, it shall be unlawful for an employer to refuse
19to hire or to discharge any individual, or otherwise
20disadvantage any individual, with respect to compensation,
21terms, conditions or privileges of employment because the
22individual uses lawful products off the premises of the
23employer during nonworking and non-call hours. As used in this
24Section, "lawful products" means products that are legal under

 

 

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1state law. For purposes of this Section, an employee is deemed
2on-call when the employee is scheduled with at least 24 hours'
3notice by his or her employer to be on standby or otherwise
4responsible for performing tasks related to his or her
5employment either at the employer's premises or other
6previously designated location by his or her employer or
7supervisor to perform a work-related task.
8    (b) This Section does not apply to any employer that is a
9non-profit organization that, as one of its primary purposes or
10objectives, discourages the use of one or more lawful products
11by the general public. This Section does not apply to the use
12of those lawful products which impairs an employee's ability to
13perform the employee's assigned duties.
14    (c) It is not a violation of this Section for an employer
15to offer, impose or have in effect a health, disability or life
16insurance policy that makes distinctions between employees for
17the type of coverage or the price of coverage based upon the
18employees' use of lawful products provided that:
19        (1) differential premium rates charged employees
20    reflect a differential cost to the employer; and
21        (2) employers provide employees with a statement
22    delineating the differential rates used by insurance
23    carriers.
24(Source: P.A. 101-27, eff. 6-25-19.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.