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    AN ACT concerning employment.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:

 
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    Section 1. Short title. This Act may be cited as the 
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Substance Abuse Prevention on Public Works Projects Act.
 
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    Section 5. Definitions.   As used in this Act: 
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    "Accident" means an incident caused, contributed to, or 
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otherwise involving an employee that resulted or could have 
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resulted in death, personal injury, or property damage and that 
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occurred while the employee was performing work on a public 
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works project.
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    "Alcohol" means any substance containing any form of 
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alcohol including, but not limited to, ethanol, methanol, 
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propanol, and isopropanol.
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    "Alcohol concentration" means: (1) the number of grams of 
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alcohol per 210 liters of breath; or (2) the number of grams of 
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alcohol per 100 milliliters of blood. 
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    "Drug" means a controlled substance as defined in the 
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Illinois Controlled Substances Act or cannabis as defined in 
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the Cannabis Control Act for which testing is required by an 
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employer under its substance abuse prevention program under 
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this Act. The term "drug" includes prescribed medications not 
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used in accordance with a valid prescription.
 


 






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    "Employee" means a laborer, mechanic, or other worker 
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employed in any public works by anyone under a contract for 
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public works.
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    "Employer" means a contractor or subcontractor performing 
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a public works project.
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    "Public works" and "public body" have the  meanings ascribed 
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to those terms in the Prevailing Wage Act.
 
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    Section 10. Substance abuse prohibited.  No employee may 
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use, possess, attempt to possess, distribute, deliver, or be 
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under the influence of a drug, or use or be under the influence 
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of alcohol, while performing work on a public works project. An 
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employee is considered to be under the influence of alcohol for 
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purposes of this Act if the alcohol concentration in his or her 
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blood or breath at the time alleged as shown by analysis of the 
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employee's blood or breath is at or above 0.02.
 
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    Section 15. Substance abuse prevention programs required.  
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        (1) Before an employer commences work on a public works 
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    project, the employer shall have in place a written program 
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    which meets or exceeds the program requirements in this 
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    Act, to be filed with the public body engaged in the 
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    construction of the public works and made available to the 
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    general public, for the prevention of substance abuse among 
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    its employees. The testing must be performed by a 
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    laboratory that is certified for Federal Workplace Drug 
 


 






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    Testing Programs by the Substance Abuse and Mental Health 
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    Service Administration of the U.S. Department of Health and 
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    Human Services. At a minimum, the program shall include all 
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    of the following:
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            (A) A minimum requirement of a 9 panel urine drug 
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        test plus a test for alcohol. Testing an
employee's 
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        blood may only be used for post-accident testing, 
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        however, blood
testing is not mandatory for the 
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        employer where a urine test is sufficient.
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            (B) A prohibition against the actions or 
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        conditions specified in Section 10.
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            (C) A requirement that employees performing the 
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        work on a public works project submit to pre-hire, 
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        random, reasonable suspicion, and post-accident drug 
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        and alcohol testing. Testing of an employee before 
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        commencing work on a public works project is not 
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        required if the employee has been participating in a 
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        random testing program during the 90 days preceding the 
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        date on which the employee commenced work on the public 
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        works project.
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            (D) A procedure for notifying an employee who 
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        violates Section 10, who tests positive for the 
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        presence of a drug in his or her system, or who refuses 
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        to submit to drug or alcohol testing as required under 
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        the program that the employee may not perform work on a 
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        public works project until the employee meets the 
 


 






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        conditions specified in subdivisions (2)(A) and (2)(B) 
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        of Section 20.
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        (2) Reasonable suspicion testing. An employee whose 
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    supervisor has reasonable suspicion to believe the 
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    employee is in the possession of or under the influence of 
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    alcohol or a drug is subject to discipline up to and 
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    including suspension, and be required to undergo an alcohol 
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    or drug test. "Reasonable suspicion" means a belief, based 
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    on behavioral observations or other evidence, sufficient 
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    to lead a prudent or reasonable person to suspect an 
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    employee is under the influence and exhibits slurred 
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    speech, inappropriate behavior, decreased motor skills, or 
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    other such traits. Circumstances, both physical and 
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    psychological, shall be given consideration. Whenever 
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    possible before an employee is required to submit to 
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    testing based on reasonable suspicion, the employee shall 
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    be observed by more than one supervisory or managerial 
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    employee. It is encouraged that observation of an employee 
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    should be performed by a supervisory or managerial employee 
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    who has successfully completed a certified training 
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    program to recognize drug and alcohol abuse. The employer 
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    who is requiring an employee to be tested based upon 
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    reasonable suspicion shall provide transportation for the 
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    employee to the testing facility and may send a 
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    representative to accompany the employee to the testing 
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    facility. Under no circumstances may an employee thought to 
 


 






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    be under the influence of alcohol or a drug be allowed to 
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    operate a vehicle or other equipment for any purpose. The 
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    employee shall be removed from the job site and placed on 
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    inactive status pending the employer's receipt of notice of 
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    the test results. The employee shall have the right to 
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    request a representative or designee to be present at the 
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    time he or she is directed to provide a specimen for 
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    testing based upon reasonable suspicion. If the test result 
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    is positive for drugs or alcohol, the employee shall be 
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    subject to termination. The employer shall pay all costs 
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    related to this testing. If the test result is negative, 
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    the employee shall be placed on active status and shall be 
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    put back to work by the employer. The employee shall be 
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    paid for all lost time to include all time needed to 
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    complete the drug or alcohol test and any and all overtime 
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    according to the employee's contract.
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        (3) An employer is responsible for the cost of 
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    developing, implementing, and enforcing its substance 
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    abuse prevention program, including the cost of drug and 
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    alcohol testing of its employees under the program. The 
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    testing must be performed by a laboratory that is certified 
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    for Federal Workplace Drug Testing Programs by the 
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    Substance Abuse and Mental Health Service Administration 
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    of the U.S. Department of Health and Human Services. The 
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    contracting agency is not responsible for that cost, for 
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    the cost of any medical review of a test result, or for any 
 


 






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    rehabilitation provided to an employee.
 
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    Section 20. Employee access to project.  
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        (1) An employer may not permit an employee who violates 
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    Section 10, who tests positive for the presence of a drug 
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    in his or her system, or who refuses to submit to drug or 
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    alcohol testing as required under the employer's substance 
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    abuse prevention program under Section 15 to perform work 
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    on a public works project until the employee meets the 
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    conditions specified in subdivisions (2)(A) and (2)(B). An 
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    employer shall immediately remove an employee from work on 
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    a public works project if any of the following occurs:
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            (A) The employee violates Section 10, tests 
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        positive for the presence of a drug in his or her 
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        system, or refuses to submit to drug or alcohol testing 
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        as required under the employer's substance abuse 
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        prevention program.
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            (B) An officer or employee of the contracting 
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        agency, preferably one trained to recognize drug and 
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        alcohol abuse, has a reasonable suspicion that the 
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        employee is in violation of Section 10 and requests the 
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        employer to immediately remove the employee from work 
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        on the public works project for reasonable suspicion 
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        testing.
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        (2) An employee who is barred or removed from work on a 
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    public works project under subsection (1) may commence or 
 


 






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    return to work on the public works project upon his or her 
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    employer providing to the contracting agency documentation 
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    showing all of the following:
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            (A) That the employee has tested negative for the 
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        presence of drugs in his or her system and is not under 
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        the influence of alcohol as described in Section 10.
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            (B) That the employee has been approved to commence 
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        or return to work on the public works project in 
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        accordance with the employer's substance abuse 
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        prevention program.
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            (C) Testing for the presence of drugs or alcohol in 
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        an employee's system and the handling of test specimens 
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        was conducted in accordance with guidelines for 
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        laboratory testing procedures and chain-of-custody 
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        procedures established by the Substance Abuse and 
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        Mental Health Service Administration of the U.S. 
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        Department of Health and Human Services.
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        (3) Upon successfully completing a rehabilitation 
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    program, an employee shall be reinstated to his or her 
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    former employment status if work for which he or she is 
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    qualified exists.
 
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    Section 25. Applicability.  This Act applies to a contract 
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to perform work on a public works project for which bids are 
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opened on or after January 1, 2008, or, if bids are not 
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solicited for the contract, to a contract to perform such work 
 


 






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entered into on or after January 1, 2008. The provisions of 
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this Act
apply only to the extent there is no collective 
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bargaining agreement in effect dealing with the subject matter 
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of this Act.
 

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    Section 99. Effective date. This Act takes effect January 
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1, 2008.