Full Text of HB1855 95th General Assembly
HB1855enr 95TH GENERAL ASSEMBLY
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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 | 5 |
| Substance Abuse Prevention on Public Works Projects Act. | 6 |
| Section 5. Definitions. As used in this Act: | 7 |
| "Accident" means an incident caused, contributed to, or | 8 |
| otherwise involving an employee that resulted in death, | 9 |
| personal injury, or property damage and that occurred while the | 10 |
| employee was performing work on a public works project. | 11 |
| "Alcohol" means any substance containing any form of | 12 |
| alcohol including, but not limited to, ethanol, methanol, | 13 |
| propanol, and isopropanol. | 14 |
| "Alcohol concentration" means: (1) the number of grams of | 15 |
| alcohol per 210 liters of breath; or (2) the number of grams of | 16 |
| alcohol per 100 milliliters of blood. | 17 |
| "Drug" means a controlled substance as defined in the | 18 |
| Illinois Controlled Substances Act or cannabis as defined in | 19 |
| the Cannabis Control Act for which testing is required by an | 20 |
| employer under its substance abuse prevention program under | 21 |
| this Act. The term "drug" includes prescribed medications not | 22 |
| used in accordance with a valid prescription. | 23 |
| "Employee" means a laborer, mechanic, or other worker |
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| employed in any public works by anyone under a contract for | 2 |
| public works. | 3 |
| "Employer" means a contractor or subcontractor performing | 4 |
| a public works project. | 5 |
| "Public works" and "public body" have the meanings ascribed | 6 |
| to those terms in the Prevailing Wage Act. | 7 |
| Section 10. Substance abuse prohibited. No employee may | 8 |
| use, possess, distribute, deliver, or be under the influence of | 9 |
| a drug, or use or be under the influence of alcohol, while | 10 |
| performing work on a public works project. An employee is | 11 |
| considered to be under the influence of alcohol for purposes of | 12 |
| this Act if the alcohol concentration in his or her blood or | 13 |
| breath at the time alleged as shown by analysis of the | 14 |
| employee's blood or breath is at or above 0.02. | 15 |
| Section 15. Substance abuse prevention programs required. | 16 |
| (1) Before an employer commences work on a public works | 17 |
| project, the employer shall have in place a written program | 18 |
| which meets or exceeds the program requirements in this | 19 |
| Act, to be filed with the public body engaged in the | 20 |
| construction of the public works and made available to the | 21 |
| general public, for the prevention of substance abuse among | 22 |
| its employees. The testing must be performed by a | 23 |
| laboratory that is certified for Federal Workplace Drug | 24 |
| Testing Programs by the Substance Abuse and Mental Health |
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| Service Administration of the U.S. Department of Health and | 2 |
| Human Services. At a minimum, the program shall include all | 3 |
| of the following: | 4 |
| (A) A minimum requirement of a 9 panel urine drug | 5 |
| test plus a test for alcohol. Testing an
employee's | 6 |
| blood may only be used for post-accident testing, | 7 |
| however, blood
testing is not mandatory for the | 8 |
| employer where a urine test is sufficient. | 9 |
| (B) A prohibition against the actions or | 10 |
| conditions specified in Section 10. | 11 |
| (C) A requirement that employees performing the | 12 |
| work on a public works project submit to pre-hire, | 13 |
| random, reasonable suspicion, and post-accident drug | 14 |
| and alcohol testing. Testing of an employee before | 15 |
| commencing work on a public works project is not | 16 |
| required if the employee has been participating in a | 17 |
| random testing program during the 90 days preceding the | 18 |
| date on which the employee commenced work on the public | 19 |
| works project. | 20 |
| (D) A procedure for notifying an employee who | 21 |
| violates Section 10, who tests positive for the | 22 |
| presence of a drug in his or her system, or who refuses | 23 |
| to submit to drug or alcohol testing as required under | 24 |
| the program that the employee may not perform work on a | 25 |
| public works project until the employee meets the | 26 |
| conditions specified in subdivisions (2)(A) and (2)(B) |
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| of Section 20. | 2 |
| (2) Reasonable suspicion testing. An employee whose | 3 |
| supervisor has reasonable suspicion to believe the | 4 |
| employee is under the influence of alcohol or a drug is | 5 |
| subject to discipline up to and including suspension, and | 6 |
| be required to undergo an alcohol or drug test. "Reasonable | 7 |
| suspicion" means a belief, based on behavioral | 8 |
| observations or other evidence, sufficient to lead a | 9 |
| prudent or reasonable person to suspect an employee is | 10 |
| under the influence and exhibits slurred speech, erratic | 11 |
| behavior, decreased motor skills, or other such traits. | 12 |
| Circumstances, both physical and psychological, shall be | 13 |
| given consideration. Whenever possible before an employee | 14 |
| is required to submit to testing based on reasonable | 15 |
| suspicion, the employee shall be observed by more than one | 16 |
| supervisory or managerial employee. It is encouraged that | 17 |
| observation of an employee should be performed by a | 18 |
| supervisory or managerial employee who has successfully | 19 |
| completed a certified training program to recognize drug | 20 |
| and alcohol abuse. The employer who is requiring an | 21 |
| employee to be tested based upon reasonable suspicion shall | 22 |
| provide transportation for the employee to the testing | 23 |
| facility and may send a representative to accompany the | 24 |
| employee to the testing facility. Under no circumstances | 25 |
| may an employee thought to be under the influence of | 26 |
| alcohol or a drug be allowed to operate a vehicle or other |
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| equipment for any purpose. The employee shall be removed | 2 |
| from the job site and placed on inactive status pending the | 3 |
| employer's receipt of notice of the test results. The | 4 |
| employee shall have the right to request a representative | 5 |
| or designee to be present at the time he or she is directed | 6 |
| to provide a specimen for testing based upon reasonable | 7 |
| suspicion. If the test result is positive for drugs or | 8 |
| alcohol, the employee shall be subject to termination. The | 9 |
| employer shall pay all costs related to this testing. If | 10 |
| the test result is negative, the employee shall be placed | 11 |
| on active status and shall be put back to work by the | 12 |
| employer. The employee shall be paid for all lost time to | 13 |
| include all time needed to complete the drug or alcohol | 14 |
| test and any and all overtime according to the employee's | 15 |
| contract. | 16 |
| (3) An employer is responsible for the cost of | 17 |
| developing, implementing, and enforcing its substance | 18 |
| abuse prevention program, including the cost of drug and | 19 |
| alcohol testing of its employees under the program, except | 20 |
| when these costs are covered under provisions in a | 21 |
| collective bargaining agreement. The testing must be | 22 |
| performed by a laboratory that is certified for Federal | 23 |
| Workplace Drug Testing Programs by the Substance Abuse and | 24 |
| Mental Health Service Administration of the U.S. | 25 |
| Department of Health and Human Services. The contracting | 26 |
| agency is not responsible for that cost, for the cost of |
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| any medical review of a test result, or for any | 2 |
| rehabilitation provided to an employee. | 3 |
| Section 20. Employee access to project. | 4 |
| (1) An employer may not permit an employee who violates | 5 |
| Section 10, who tests positive for the presence of a drug | 6 |
| in his or her system, or who refuses to submit to drug or | 7 |
| alcohol testing as required under the employer's substance | 8 |
| abuse prevention program under Section 15 to perform work | 9 |
| on a public works project until the employee meets the | 10 |
| conditions specified in subdivisions (2)(A) and (2)(B). An | 11 |
| employer shall immediately remove an employee from work on | 12 |
| a public works project if any of the following occurs: | 13 |
| (A) The employee violates Section 10, tests | 14 |
| positive for the presence of a drug in his or her | 15 |
| system, or refuses to submit to drug or alcohol testing | 16 |
| as required under the employer's substance abuse | 17 |
| prevention program. | 18 |
| (B) An officer or employee of the contracting | 19 |
| agency, preferably one trained to recognize drug and | 20 |
| alcohol abuse, has a reasonable suspicion that the | 21 |
| employee is in violation of Section 10 and requests the | 22 |
| employer to immediately remove the employee from work | 23 |
| on the public works project for reasonable suspicion | 24 |
| testing. | 25 |
| (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 | 2 |
| return to work on the public works project upon his or her | 3 |
| employer providing to the contracting agency documentation | 4 |
| showing all of the following: | 5 |
| (A) That the employee has tested negative for the | 6 |
| presence of drugs in his or her system and is not under | 7 |
| the influence of alcohol as described in Section 10. | 8 |
| (B) That the employee has been approved to commence | 9 |
| or return to work on the public works project in | 10 |
| accordance with the employer's substance abuse | 11 |
| prevention program. | 12 |
| (C) Testing for the presence of drugs or alcohol in | 13 |
| an employee's system and the handling of test specimens | 14 |
| was conducted in accordance with guidelines for | 15 |
| laboratory testing procedures and chain-of-custody | 16 |
| procedures established by the Substance Abuse and | 17 |
| Mental Health Service Administration of the U.S. | 18 |
| Department of Health and Human Services. | 19 |
| (3) Upon successfully completing a rehabilitation | 20 |
| program, an employee shall be reinstated to his or her | 21 |
| former employment status if work for which he or she is | 22 |
| qualified exists. | 23 |
| Section 25. Applicability. This Act applies to a contract | 24 |
| to perform work on a public works project for which bids are | 25 |
| 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 | 2 |
| entered into on or after January 1, 2008. The provisions of | 3 |
| this Act
apply only to the extent there is no collective | 4 |
| bargaining agreement in effect dealing with the subject matter | 5 |
| of this Act.
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| Section 99. Effective date. This Act takes effect January | 7 |
| 1, 2008.
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