HB4116ham003 102ND GENERAL ASSEMBLY

Rep. Bob Morgan

Filed: 2/24/2022

10200HB4116ham003 LRB102 19297 SPS 36903 a

AMENDMENT TO HOUSE BILL 4116

AMENDMENT NO. ______. Amend House Bill 4116, AS AMENDED, with reference to page and line numbers of House Amendment No. 2, as follows:

on page 1, line 4, by replacing "(410 ILCS 705/10-50 rep.)" with the following:

"Section 5. The Cannabis Regulation and Tax Act is amended by changing Section 10-50 as follows:

(410 ILCS 705/10-50)

Sec. 10-50. Employment; employer liability.

(a) Nothing in this Act shall prohibit an employer from adopting reasonable zero tolerance or drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner.

(b) Nothing in this Act shall require an employer to permit an employee to be under the influence of or use cannabis in the employer's workplace or while performing the employee's job duties or while on call.

(c) Nothing in this Act shall limit or prevent an employer from disciplining an employee or terminating employment of an employee for violating an employer's employment policies or workplace drug policy.

(d) An employer may consider an employee to be impaired or under the influence of cannabis if the employer has a good faith belief that an employee manifests specific, articulable symptoms while working that decrease or lessen the employee's performance of the duties or tasks of the employee's job position, including symptoms of the employee's speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, or negligence or carelessness in operating equipment or machinery; disregard for the safety of the employee or others, or involvement in any accident that results in serious damage to equipment or property; disruption of a production or manufacturing process; or carelessness that results in any injury to the employee or others. If an employer elects to discipline an employee on the basis that the employee is under the influence or impaired by cannabis, the employer must afford the employee a reasonable opportunity to contest the basis of the determination.

(e) Nothing in this Act shall be construed to create or imply a cause of action under this Act for any person against an employer for:

(1) actions taken pursuant to an employer's reasonable workplace drug policy that complies with the Right to Privacy in the Workplace Act , including but not limited to subjecting an employee or applicant to reasonable drug and alcohol testing, reasonable and nondiscriminatory random drug testing, and discipline, termination of employment, or withdrawal of a job offer due to a failure of a drug test;

(2) actions based on the employer's good faith belief that an employee used or possessed cannabis in the employer's workplace or while performing the employee's job duties or while on call in violation of the employer's employment policies;

(3) actions, including discipline or termination of employment, based on the employer's good faith belief that an employee was impaired as a result of the use of cannabis, or under the influence of cannabis, while at the employer's workplace or while performing the employee's job duties or while on call in violation of the employer's workplace drug policy; or

(4) injury, loss, or liability to a third party if the employer neither knew nor had reason to know that the employee was impaired.

(f) Nothing in this Act shall be construed to enhance or diminish protections afforded by any other law, including but not limited to the Compassionate Use of Medical Cannabis Program Act or the Opioid Alternative Pilot Program.

(g) Nothing in this Act shall be construed to interfere with any federal, State, or local restrictions on employment including, but not limited to, the United States Department of Transportation regulation 49 CFR 40.151(e) or impact an employer's ability to comply with federal or State law or cause it to lose a federal or State contract or funding.

(h) As used in this Section, "workplace" means the employer's premises, including any building, real property, and parking area under the control of the employer or area used by an employee while in the performance of the employee's job duties, and vehicles, whether leased, rented, or owned. "Workplace" may be further defined by the employer's written employment policy, provided that the policy is consistent with this Section.

(i) For purposes of this Section, an employee is deemed "on call" when such employee is scheduled with at least 24 hours' notice by his or her employer to be on standby or otherwise responsible for performing tasks related to his or her employment either at the employer's premises or other previously designated location by his or her employer or supervisor to perform a work-related task.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)"; and

on page 1, by deleting lines 5 and 6; and

on page 2, by replacing lines 18 through 24 with the following:

"Except as provided in paragraphs (1) and (2), nothing in this Act prohibits an employer from (i) enforcing a pre-employment drug testing policy, random drug testing policy, or zero-tolerance or drug-free workplace policy or from disciplining an employee or withdrawing a job offer from an applicant for violating such a policy; (ii) disciplining or discharging an employee whose use of a lawful product adversely affects or impairs the employee's job performance, conduct, or ability to safely perform the assigned job duties in the employer's workplace during working hours or hours the individual is on call; or (iii) implementing and enforcing workplace policies regarding the possession, use, or impairment of lawful products in the employer's workplace during working hours or hours the individual is on call."; and

on page 3, line 25, after "firearm", by inserting "or working for a law enforcement agency in a capacity that impacts the safety of others"; and

on page 4, line 14, by replacing "State" with "public"; and

on page 4, line 15, after "incapacity", by inserting ", compromise,"; and

on page 4, lines 24 and 25, by replacing "is a non-profit organization that" with "is a non-profit organization that".