HB5721 96TH GENERAL ASSEMBLY

LRB096 18116 WGH 33491 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5721

Introduced 2/9/2010, by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:

820 ILCS 305/11

from Ch. 48, par. 138.11

Amends the Workers' Compensation Act. Provides that no compensation is payable if an injury was caused primarily by the intoxication of the employee, the influence of alcohol or certain drugs not prescribed by a physician, or the combined influence of alcohol and drugs that affected the employee to the extent that the intoxication constituted a departure from employment. Contains provisions regarding evidence, admissibility, presumptions, and other matters. Requires an employee to notify the employer of the prescription of any narcotic drug that may adversely affect the employee's ability to safely perform his or her job duties before the start of any job duties. Effective immediately.

A BILL FOR

AN ACT concerning employment.

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

Section 5. The Workers' Compensation Act is amended by changing Section 11 as follows:

(820 ILCS 305/11) (from Ch. 48, par. 138.11)

Sec. 11. The compensation herein provided, together with the provisions of this Act, shall be the measure of the responsibility of any employer engaged in any of the enterprises or businesses enumerated in Section 3 of this Act, or of any employer who is not engaged in any such enterprises or businesses, but who has elected to provide and pay compensation for accidental injuries sustained by any employee arising out of and in the course of the employment according to the provisions of this Act, and whose election to continue under this Act, has not been nullified by any action of his employees as provided for in this Act.

Accidental injuries incurred while participating in voluntary recreational programs including but not limited to athletic events, parties and picnics do not arise out of and in the course of the employment even though the employer pays some or all of the cost thereof. This exclusion shall not apply in the event that the injured employee was ordered or assigned by his employer to participate in the program.

Accidental injuries incurred while participating as a patient in a drug or alcohol rehabilitation program do not arise out of and in the course of employment even though the employer pays some or all of the costs thereof.

Any injury to or disease or death of an employee arising from the administration of a vaccine, including without limitation smallpox vaccine, to prepare for, or as a response to, a threatened or potential bioterrorist incident to the employee as part of a voluntary inoculation program in connection with the person's employment or in connection with any governmental program or recommendation for the inoculation of workers in the employee's occupation, geographical area, or other category that includes the employee is deemed to arise out of and in the course of the employment for all purposes under this Act. This paragraph added by this amendatory Act of the 93rd General Assembly is declarative of existing law and is not a new enactment.

No compensation shall be payable if the injury was caused primarily by the intoxication of the employee, or if the injury was caused by the influence of alcohol or any narcotic drugs, barbiturates, or other stimulants not prescribed by a physician, or by the combined influence of alcohol and any other drug or drugs that affected the employee to such an extent that the intoxication constituted a departure from employment. Evidence of the concentration of alcohol or a drug or combination thereof in a person's blood or breath at the time alleged, as determined by analysis of the person's blood, urine, breath, or other bodily substance, shall be admissible in any hearing to determine compensability. If the employee refuses to submit to such analysis, it shall be presumed, in the absence of substantial evidence to the contrary, that the accident was caused by the intoxication of the employee. If there was at the time of the injury 0.08% or more by weight of alcohol in the employee's blood or breath or there is any amount of a drug, substance or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act, it shall be presumed, in the absence of substantial evidence to the contrary, that the injury was caused by the intoxication of the employee. Percentage by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood. Percentage by weight of alcohol in the breath shall be based upon grams of alcohol per 210 liters of breath.

The employee shall notify the employer of the prescription of any narcotic drug that may adversely affect the employee's ability to safely perform his or her job duties prior to the start of any job duties.

(Source: P.A. 93-829, eff. 7-28-04.)

Section 99. Effective date. This Act takes effect upon becoming law.