Full Text of HB4608 95th General Assembly
HB4608 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4608
Introduced , by Rep. Dave Winters SYNOPSIS AS INTRODUCED: |
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820 ILCS 265/15 |
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820 ILCS 265/25 |
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Amends the Substance Abuse Prevention on Public Works Projects Act. Requires the substance abuse testing program of an employer to which the Act applies to include a 5 panel (instead of 9 panel) urine drug test. Provides that the Act
does not apply to the extent there is a collective bargaining agreement in effect dealing with the subject matter of the Act.
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A BILL FOR
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HB4608 |
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LRB095 18379 WGH 44465 b |
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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 5. The Substance Abuse Prevention on Public Works | 5 |
| Projects Act is amended by changing Sections 15 and 25 as | 6 |
| follows: | 7 |
| (820 ILCS 265/15)
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| Sec. 15. Substance abuse prevention programs required. | 9 |
| (1) Before an employer commences work on a public works | 10 |
| project, the employer shall have in place a written program | 11 |
| which meets or exceeds the program requirements in this | 12 |
| Act, to be filed with the public body engaged in the | 13 |
| construction of the public works and made available to the | 14 |
| general public, for the prevention of substance abuse among | 15 |
| its employees. The testing must be performed by a | 16 |
| laboratory that is certified for Federal Workplace Drug | 17 |
| Testing Programs by the Substance Abuse and Mental Health | 18 |
| Service Administration of the U.S. Department of Health and | 19 |
| Human Services. At a minimum, the program shall include all | 20 |
| of the following: | 21 |
| (A) A minimum requirement of a 5 9 panel urine drug | 22 |
| test plus a test for alcohol. Testing an
employee's | 23 |
| blood may only be used for post-accident testing, |
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HB4608 |
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LRB095 18379 WGH 44465 b |
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| however, blood
testing is not mandatory for the | 2 |
| employer where a urine test is sufficient. | 3 |
| (B) A prohibition against the actions or | 4 |
| conditions specified in Section 10. | 5 |
| (C) A requirement that employees performing the | 6 |
| work on a public works project submit to pre-hire, | 7 |
| random, reasonable suspicion, and post-accident drug | 8 |
| and alcohol testing. Testing of an employee before | 9 |
| commencing work on a public works project is not | 10 |
| required if the employee has been participating in a | 11 |
| random testing program during the 90 days preceding the | 12 |
| date on which the employee commenced work on the public | 13 |
| works project. | 14 |
| (D) A procedure for notifying an employee who | 15 |
| violates Section 10, who tests positive for the | 16 |
| presence of a drug in his or her system, or who refuses | 17 |
| to submit to drug or alcohol testing as required under | 18 |
| the program that the employee may not perform work on a | 19 |
| public works project until the employee meets the | 20 |
| conditions specified in subdivisions (2)(A) and (2)(B) | 21 |
| of Section 20. | 22 |
| (2) Reasonable suspicion testing. An employee whose | 23 |
| supervisor has reasonable suspicion to believe the | 24 |
| employee is under the influence of alcohol or a drug is | 25 |
| subject to discipline up to and including suspension, and | 26 |
| be required to undergo an alcohol or drug test. "Reasonable |
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HB4608 |
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| suspicion" means a belief, based on behavioral | 2 |
| observations or other evidence, sufficient to lead a | 3 |
| prudent or reasonable person to suspect an employee is | 4 |
| under the influence and exhibits slurred speech, erratic | 5 |
| behavior, decreased motor skills, or other such traits. | 6 |
| Circumstances, both physical and psychological, shall be | 7 |
| given consideration. Whenever possible before an employee | 8 |
| is required to submit to testing based on reasonable | 9 |
| suspicion, the employee shall be observed by more than one | 10 |
| supervisory or managerial employee. It is encouraged that | 11 |
| observation of an employee should be performed by a | 12 |
| supervisory or managerial employee who has successfully | 13 |
| completed a certified training program to recognize drug | 14 |
| and alcohol abuse. The employer who is requiring an | 15 |
| employee to be tested based upon reasonable suspicion shall | 16 |
| provide transportation for the employee to the testing | 17 |
| facility and may send a representative to accompany the | 18 |
| employee to the testing facility. Under no circumstances | 19 |
| may an employee thought to be under the influence of | 20 |
| alcohol or a drug be allowed to operate a vehicle or other | 21 |
| equipment for any purpose. The employee shall be removed | 22 |
| from the job site and placed on inactive status pending the | 23 |
| employer's receipt of notice of the test results. The | 24 |
| employee shall have the right to request a representative | 25 |
| or designee to be present at the time he or she is directed | 26 |
| to provide a specimen for testing based upon reasonable |
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| suspicion. If the test result is positive for drugs or | 2 |
| alcohol, the employee shall be subject to termination. The | 3 |
| employer shall pay all costs related to this testing. If | 4 |
| the test result is negative, the employee shall be placed | 5 |
| on active status and shall be put back to work by the | 6 |
| employer. The employee shall be paid for all lost time to | 7 |
| include all time needed to complete the drug or alcohol | 8 |
| test and any and all overtime according to the employee's | 9 |
| contract. | 10 |
| (3) An employer is responsible for the cost of | 11 |
| developing, implementing, and enforcing its substance | 12 |
| abuse prevention program, including the cost of drug and | 13 |
| alcohol testing of its employees under the program, except | 14 |
| when these costs are covered under provisions in a | 15 |
| collective bargaining agreement. The testing must be | 16 |
| performed by a laboratory that is certified for Federal | 17 |
| Workplace Drug Testing Programs by the Substance Abuse and | 18 |
| Mental Health Service Administration of the U.S. | 19 |
| Department of Health and Human Services. The contracting | 20 |
| agency is not responsible for that cost, for the cost of | 21 |
| any medical review of a test result, or for any | 22 |
| rehabilitation provided to an employee.
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| (Source: P.A. 95-635, eff. 1-1-08.) | 24 |
| (820 ILCS 265/25)
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| Sec. 25. Applicability. This Act applies to a contract to |
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| perform work on a public works project for which bids are | 2 |
| opened on or after January 1, 2008, or, if bids are not | 3 |
| solicited for the contract, to a contract to perform such work | 4 |
| entered into on or after January 1, 2008. The provisions of | 5 |
| this Act
apply only to the extent there is no collective | 6 |
| bargaining agreement in effect dealing with the subject matter | 7 |
| of this Act. The provisions of this Act
do not apply to the | 8 |
| extent there is a collective bargaining agreement in effect | 9 |
| dealing with the subject matter of this Act.
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| (Source: P.A. 95-635, eff. 1-1-08.)
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