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90_HB2034
New Act
215 ILCS 5/456.1 new
Creates the Drug-Free Workplace Program Act and amends
the Insurance Code. Authorizes employers to implement
drug-free workplace programs in accordance with specified
requirements pertaining to drug testing, notice to employees,
specimen collection, confidentiality, and other matters.
Provides that an employer who implements a drug-free
workplace program is eligible for a 5% discount in workers'
compensation insurance premiums and may terminate an employee
who has drugs or alcohol in his or her system and deny
specified benefits to the employee. Provides for
administration of the Act. Contains separate provisions
applicable to public employers and employees.
LRB9002452WHmgB
LRB9002452WHmgB
1 AN ACT in relation to drug-free workplace programs.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Drug-Free Workplace Program Act.
6 Section 5. Legislative intent; drug-free workplace
7 programs.
8 (1) It is the intent of the General Assembly to promote
9 drug-free workplaces so employers in this State are afforded
10 the opportunity to maximize their levels of productivity,
11 enhance their competitive positions in the marketplace, and
12 reach their desired levels of success without experiencing
13 the costs, delays, and tragedies associated with work-related
14 accidents or incidents resulting from drug use and alcohol
15 abuse by employees. It is further the intent of the General
16 Assembly that drug abuse should be discouraged and that
17 employees who choose to engage in drug abuse should face the
18 risk of unemployment and the forfeiture of workers'
19 compensation benefits.
20 (2) If an employer implements a drug-free workplace
21 program in accordance with Section 10 which includes notice,
22 education, and procedural requirements for testing for drugs
23 and alcohol pursuant to rules adopted in accordance with this
24 Act, the employer may require the employee to submit to a
25 test for the presence of drugs or alcohol and, if a drug or
26 alcohol is found to be present in the employee's system at a
27 level prescribed by rules adopted pursuant to this Act, the
28 employee may be terminated and forfeits his or her
29 eligibility for medical and indemnity benefits. However, a
30 drug-free workplace program must require the employer to
31 notify all employees that it is a condition of employment for
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1 an employee to refrain from reporting to work or working with
2 the presence of drugs or alcohol in his or her body and, if
3 an injured employee refuses to submit to a test for drugs or
4 alcohol, the employee forfeits eligibility for medical and
5 indemnity benefits.
6 Section 10. Drug-free workplace program requirements.
7 The following provisions apply to a drug-free workplace
8 program implemented pursuant to rules adopted in accordance
9 with this Act:
10 (1) Definitions. Except where the context otherwise
11 requires, as used in this Act:
12 (a) "Chain of custody" refers to the methodology of
13 tracking specified materials or substances for the
14 purpose of maintaining control and accountability from
15 initial collection to final disposition for all such
16 materials or substances and providing for accountability
17 at each stage in handling, testing, and storing specimens
18 and reporting test results.
19 (b) "Confirmation test", "confirmed test", or
20 "confirmed drug test" means a second analytical procedure
21 used to identify the presence of a specific drug or
22 metabolite in a specimen, which test must be different in
23 scientific principle from that of the initial test
24 procedure and must be capable of providing requisite
25 specificity, sensitivity, and quantitative accuracy.
26 (c) "Drug" means alcohol, including a distilled
27 spirit, wine, a malt beverage, or an intoxicating liquor;
28 an amphetamine; a cannabinoid; cocaine; phencyclidine
29 (PCP); a hallucinogen; methaqualone; an opiate; a
30 barbiturate; a benzodiazepine; a synthetic narcotic; a
31 designer drug; or a metabolite of any of the substances
32 listed in this subdivision (c). An employer may test an
33 individual for any or all of those drugs.
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1 (d) "Drug rehabilitation program" means a service
2 provider licensed under the Alcoholism and Other Drug
3 Abuse and Dependency Act that provides confidential,
4 timely, and expert identification, assessment, and
5 resolution of employee drug abuse.
6 (e) "Drug test" or "test" means any chemical,
7 biological, or physical instrumental analysis
8 administered, by an approved laboratory as described in
9 subsection (9), for the purpose of determining the
10 presence or absence of a drug or its metabolites.
11 (f) "Employee" means any person who works for
12 salary, wages, or other remuneration for an employer.
13 (g) "Employee assistance program" means an
14 established program capable of providing expert
15 assessment of employee personal concerns; confidential
16 and timely identification services with regard to
17 employee drug abuse; referrals of employees for
18 appropriate diagnosis, treatment, and assistance; and
19 followup services for employees who participate in the
20 program or require monitoring after returning to work.
21 If, in addition to the above activities, an employee
22 assistance program provides diagnostic and treatment
23 services, these services shall in all cases be provided
24 by service providers meeting all applicable requirements
25 of the Alcoholism and Other Drug Abuse and Dependency
26 Act.
27 (h) "Employer" means a person or entity that employs
28 a person and that is covered by the Workers' Compensation
29 Act.
30 (i) "Initial drug test" means a sensitive, rapid,
31 and reliable procedure to identify negative and
32 presumptive positive specimens, using an immunoassay
33 procedure or an equivalent, or a more accurate
34 scientifically accepted method approved by the United
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1 States Food and Drug Administration or the Department of
2 Public Health as more accurate technology becomes
3 available in a cost-effective form.
4 (j) "Job applicant" means a person who has applied
5 for a position with an employer and has been offered
6 employment conditioned upon successfully passing a drug
7 test, and may have begun work pending the results of the
8 drug test. For a public employer, "job applicant" means
9 only a person who has applied for a special-risk or
10 safety-sensitive position.
11 (k) "Medical review officer" means a licensed
12 physician, employed with or contracted with an employer,
13 who has knowledge of substance abuse disorders,
14 laboratory testing procedures, and chain of custody
15 collection procedures; who verifies positive, confirmed
16 test results; and who has the necessary medical training
17 to interpret and evaluate an employee's positive test
18 result in relation to the employee's medical history or
19 any other relevant biomedical information.
20 (l) "Prescription or nonprescription medication"
21 means a drug or medication obtained pursuant to a
22 prescription or a medication that is authorized pursuant
23 to federal or State law for general distribution and use
24 without a prescription in the treatment of human
25 diseases, ailments, or injuries.
26 (m) "Public employer" means any agency within State
27 government or a unit of local government that employs
28 individuals for a salary, wages, or other remuneration.
29 (n) "Reasonable-suspicion drug testing" means drug
30 testing based on a belief that an employee is using or
31 has used drugs in violation of the employer's policy
32 drawn from specific objective and articulable facts and
33 reasonable inferences drawn from those facts in light of
34 experience. Among other things, such facts and inferences
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1 may be based upon:
2 (i) Observable phenomena while at work, such as
3 direct observation of drug use or of the physical
4 symptoms or manifestations of being under the
5 influence of a drug.
6 (ii) Abnormal conduct or erratic behavior while
7 at work or a significant deterioration in work
8 performance.
9 (iii) A report of drug use, provided by a
10 reliable and credible source.
11 (iv) Evidence that an individual has tampered
12 with a drug test during his employment with the
13 current employer.
14 (v) Information that an employee has caused,
15 contributed to, or been involved in an accident
16 while at work.
17 (vi) Evidence that an employee has used,
18 possessed, sold, solicited, or transferred drugs
19 while working or while on the employer's premises or
20 while operating the employer's vehicle, machinery,
21 or equipment.
22 (o) "Safety-sensitive position" means, with respect
23 to a public employer, a position in which a drug
24 impairment constitutes an immediate and direct threat to
25 public health or safety, such as a position that requires
26 the employee to carry a firearm, perform life-threatening
27 procedures, work with confidential information or
28 documents pertaining to criminal investigations, or work
29 with controlled substances; or a position in which a
30 momentary lapse in attention could result in injury or
31 death to another person.
32 (p) "Special-risk position" means, with respect to a
33 public employer, a position meeting the criteria set
34 forth in subdivision (g-1) or (k) of Section 2 of the
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1 Illinois Public Labor Relations Act.
2 (q) "Specimen" means tissue, hair, or a product of
3 the human body capable of revealing the presence of drugs
4 or their metabolites, as approved by the United States
5 Food and Drug Administration or the Department of Public
6 Health.
7 (2) Drug testing. An employer may test an employee or job
8 applicant for any drug described in subdivision (1)(c). In
9 order to qualify as having established a drug-free workplace
10 program which affords an employer the ability to qualify for
11 the discounts provided under Section 456.1 of the Insurance
12 Code and deny medical and indemnity benefits under this
13 Section, all drug testing conducted by employers shall be in
14 conformity with the standards and procedures established in
15 this Section and all applicable rules adopted pursuant to
16 this Section. However, an employer does not have a legal duty
17 under this Section to request an employee or job applicant to
18 undergo drug testing. If an employer fails to maintain a
19 drug-free workplace program in accordance with the standards
20 and procedures established in this Section and in applicable
21 rules, the employer shall not be eligible for discounts under
22 Section 456.1 of the Insurance Code. All employers qualifying
23 for and receiving discounts provided under Section 456.1 of
24 the Insurance Code must be reported annually by the insurer
25 to the Director of Insurance.
26 (3) Notice to employees and job applicants.
27 (a) One time only, prior to testing, an employer
28 shall give all employees and job applicants for
29 employment a written policy statement which contains:
30 (i) A general statement of the employer's
31 policy on employee drug use, which must identify:
32 (A) The types of drug testing an employee
33 or job applicant may be required to submit to,
34 including reasonable-suspicion drug testing or
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1 drug testing conducted on any other basis.
2 (B) The actions the employer may take
3 against an employee or job applicant on the
4 basis of a positive confirmed drug test result.
5 (ii) A statement advising the employee or job
6 applicant of the existence of this Section.
7 (iii) A general statement concerning
8 confidentiality.
9 (iv) Procedures for employees and job
10 applicants to confidentially report to a medical
11 review officer the use of prescription or
12 nonprescription medications to a medical review
13 officer both before and after being tested.
14 (v) A list of the most common medications, by
15 brand name or common name, as applicable, as well as
16 by chemical name, which may alter or affect a drug
17 test. A list of such medications as developed by the
18 Department of Public Health shall be available to
19 employers through the Industrial Commission.
20 (vi) The consequences of refusing to submit to
21 a drug test.
22 (vii) A representative sampling of names,
23 addresses, and telephone numbers of employee
24 assistance programs and local drug rehabilitation
25 programs.
26 (viii) A statement that an employee or job
27 applicant who receives a positive confirmed test
28 result may contest or explain the result to the
29 medical review officer within 5 working days after
30 receiving written notification of the test result;
31 that if an employee's or job applicant's explanation
32 or challenge is unsatisfactory to the medical review
33 officer, the medical review officer shall report a
34 positive test result back to the employer; and that
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1 a person may contest the drug test result pursuant
2 to rules adopted by the Industrial Commission.
3 (ix) A statement informing the employee or job
4 applicant of his responsibility to notify the
5 laboratory of any administrative or civil action
6 brought pursuant to this Section.
7 (x) A list of all drugs for which the employer
8 will test, described by brand name or common name,
9 as applicable, as well as by chemical name.
10 (xi) A statement regarding any applicable
11 collective bargaining agreement or contract and the
12 right to appeal to the appropriate administrative
13 body or court.
14 (xii) A statement notifying employees and job
15 applicants of their right to consult with a medical
16 review officer for technical information regarding
17 prescription or nonprescription medication.
18 (b) An employer not having a drug-testing program
19 shall ensure that at least 60 days elapse between a
20 general one-time notice to all employees that a
21 drug-testing program is being implemented and the
22 beginning of actual drug testing. An employer having a
23 drug-testing program in place prior to the effective date
24 of this Act is not required to provide a 60-day notice
25 period.
26 (c) An employer shall include notice of drug testing
27 on vacancy announcements for positions for which drug
28 testing is required. A notice of the employer's
29 drug-testing policy must also be posted in an appropriate
30 and conspicuous location on the employer's premises, and
31 copies of the policy must be made available for
32 inspection by the employees or job applicants of the
33 employer during regular business hours in the employer's
34 personnel office or other suitable locations.
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1 (4) Types of testing.
2 (a) An employer is required to conduct the following
3 types of drug tests:
4 (i) Job applicant drug testing. An employer
5 must require job applicants to submit to a drug test
6 and may use a refusal to submit to a drug test or a
7 positive confirmed drug test as a basis for refusing
8 to hire a job applicant.
9 (ii) Reasonable-suspicion drug testing. An
10 employer must require an employee to submit to
11 reasonable-suspicion drug testing.
12 (iii) Routine fitness-for-duty drug testing. An
13 employer must require an employee to submit to a
14 drug test if the test is conducted as part of a
15 routinely scheduled employee fitness-for-duty
16 medical examination that is part of the employer's
17 established policy or that is scheduled routinely
18 for all members of an employment classification or
19 group.
20 (iv) Followup drug testing. If the employee in
21 the course of employment enters an employee
22 assistance program for drug-related problems, or a
23 drug rehabilitation program, the employer must
24 require the employee to submit to a drug test as a
25 followup to such program, unless the employee
26 voluntarily entered the program. In those cases, the
27 employer has the option to not require followup
28 testing. If followup testing is required, it must be
29 conducted at least once a year for a 2-year period
30 after completion of the program. Advance notice of a
31 followup testing date must not be given to the
32 employee to be tested.
33 (b) This subsection (4) does not preclude a private
34 employer from conducting random testing, or any other
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1 lawful testing, of employees for drugs.
2 (c) Limited testing of applicants, only if it is
3 based on a reasonable classification basis, is
4 permissible in accordance with rule.
5 (5) Procedures and employee protection. All specimen
6 collection and testing for drugs under this Section shall be
7 performed in accordance with the following procedures:
8 (a) A sample shall be collected with due regard to
9 the privacy of the individual providing the sample, and
10 in a manner reasonably calculated to prevent substitution
11 or contamination of the sample.
12 (b) Specimen collection must be documented, and the
13 documentation procedures shall include:
14 (i) Labeling of specimen containers so as to
15 reasonably preclude the likelihood of erroneous
16 identification of test results.
17 (ii) A form for the employee or job applicant
18 to provide any information he considers relevant to
19 the test, including identification of currently or
20 recently used prescription or nonprescription
21 medication or other relevant medical information.
22 The form must provide notice of the most common
23 medications by brand name or common name, as
24 applicable, as well as by chemical name, which may
25 alter or affect a drug test. The providing of
26 information shall not preclude the administration of
27 the drug test, but shall be taken into account in
28 interpreting any positive confirmed test result.
29 (c) Specimen collection, storage, and transportation
30 to the testing site shall be performed in a manner that
31 reasonably precludes contamination or adulteration of
32 specimens.
33 (d) Each initial drug test and confirmation test
34 conducted under this Section, not including the taking or
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1 collecting of a specimen to be tested, shall be conducted
2 by an approved laboratory as described in subsection (9).
3 (e) A specimen for a drug test may be taken or
4 collected by any of the following persons:
5 (i) A physician, a physician assistant, a
6 registered professional nurse, a licensed practical
7 nurse, or a certified paramedic who is present at
8 the scene of an accident for the purpose of
9 rendering emergency medical service or treatment.
10 (ii) A qualified person employed by an approved
11 laboratory as described in subsection (9).
12 (f) A person who collects or takes a specimen for a
13 drug test shall collect an amount sufficient for 2 drug
14 tests as determined by the Department of Public Health.
15 (g) Every specimen that produces a positive,
16 confirmed test result shall be preserved by the
17 laboratory that conducted the confirmation test for a
18 period of at least 210 days after the result of the test
19 was mailed or otherwise delivered to the medical review
20 officer. However, if an employee or job applicant
21 undertakes an administrative or legal challenge to the
22 test result, the employee or job applicant shall notify
23 the laboratory and the sample shall be retained by the
24 laboratory until the case or administrative appeal is
25 settled. During the 180-day period after written
26 notification of a positive test result, the employee or
27 job applicant who has provided the specimen shall be
28 permitted by the employer to have a portion of the
29 specimen retested, at the employee's or job applicant's
30 expense, at another laboratory, meeting the criteria of
31 subsection (9), chosen by the employee or job applicant.
32 The second laboratory must test at equal or greater
33 sensitivity for the drug in question as the first
34 laboratory. The first laboratory that performed the test
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1 for the employer is responsible for the transfer of the
2 portion of the specimen to be retested, and for the
3 integrity of the chain of custody during the transfer.
4 (h) Within 5 working days after receipt of a
5 positive confirmed test result from the medical review
6 officer, an employer shall inform an employee or job
7 applicant in writing of such positive test result, the
8 consequences of such results, and the options available
9 to the employee or job applicant. The employer shall
10 provide to the employee or job applicant, upon request, a
11 copy of the test results.
12 (i) Within 5 working days after receiving notice of
13 a positive confirmed test result, an employee or job
14 applicant may submit information to the employer
15 explaining or contesting the test result, and explaining
16 why the result does not constitute a violation of the
17 employer's policy.
18 (j) The employee's or job applicant's explanation or
19 challenge of the positive test result is unsatisfactory
20 to the employer, a written explanation as to why the
21 employee's or job applicant's explanation is
22 unsatisfactory, along with the report of positive result,
23 shall be provided by the employer to the employee or job
24 applicant; and all such documentation shall be kept
25 confidential by the employer pursuant to subsection (8)
26 and shall be retained by the employer for at least one
27 year.
28 (k) An employer may not discharge, discipline,
29 refuse to hire, discriminate against, or request or
30 require rehabilitation of an employee or job applicant on
31 the sole basis of a positive test result that has not
32 been verified by a confirmation test and by a medical
33 review officer.
34 (l) An employer that performs drug testing or
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1 specimen collection shall use chain-of-custody procedures
2 established by the Department of Public Health to ensure
3 proper recordkeeping, handling, labeling, and
4 identification of all specimens tested.
5 (m) An employer shall pay the cost of all drug
6 tests, initial and confirmation, which the employer
7 requires of employees. An employee or job applicant shall
8 pay the costs of any additional drug tests not required
9 by the employer.
10 (n) An employer shall not discharge, discipline, or
11 discriminate against an employee solely upon the
12 employee's voluntarily seeking treatment, while under the
13 employ of the employer, for a drug-related problem if the
14 employee has not previously tested positive for drug use,
15 entered an employee assistance program for drug-related
16 problems, or entered a drug rehabilitation program.
17 Unless otherwise provided by a collective bargaining
18 agreement, an employer may select the employee assistance
19 program or drug rehabilitation program if the employer
20 pays the cost of the employee's participation in the
21 program.
22 (o) If drug testing is conducted based on reasonable
23 suspicion, the employer shall promptly detail in writing
24 the circumstances which formed the basis of the
25 determination that reasonable suspicion existed to
26 warrant the testing. A copy of this documentation shall
27 be given to the employee upon request and the original
28 documentation shall be kept confidential by the employer
29 pursuant to subsection (8) and shall be retained by the
30 employer for at least one year.
31 (p) All authorized remedial treatment, care, and
32 attendance provided by a health care provider to an
33 injured employee before medical and indemnity benefits
34 are denied under this Section must be paid for by the
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1 carrier or self-insurer. However, the carrier or
2 self-insurer must have given reasonable notice to all
3 affected health care providers that payment for
4 treatment, care, and attendance provided to the employee
5 after a future date certain will be denied. A health care
6 provider that refuses, without good cause, to continue
7 treatment, care, and attendance before the provider
8 receives notice of benefit denial commits a Class B
9 misdemeanor.
10 (6) Confirmation testing.
11 (a) If an initial drug test is negative, the
12 employer may in its sole discretion seek a confirmation
13 test.
14 (b) Only approved laboratories as described in
15 subsection (9) may conduct confirmation drug tests.
16 (c) All positive initial tests shall be confirmed
17 using gas chromatography mass spectrometry (GC/MS) or an
18 equivalent or more accurate scientifically accepted
19 method approved by the Department of Public Health or the
20 United States Food and Drug Administration as such
21 technology becomes available in a cost-effective form.
22 (d) If an initial drug test of an employee or job
23 applicant is confirmed as positive, the employer's
24 medical review officer shall provide technical assistance
25 to the employer and to the employee or job applicant for
26 the purpose of interpreting the test result to determine
27 whether the result could have been caused by prescription
28 or nonprescription medication taken by the employee or
29 job applicant.
30 (7) Employer protection.
31 (a) An employee or job applicant whose drug test
32 result is confirmed as positive in accordance with this
33 Section shall not, by virtue of the result alone, be
34 deemed to have a "handicap" or "disability" as defined
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1 under federal, State, or local handicap and disability
2 discrimination laws.
3 (b) An employer who discharges or disciplines an
4 employee or refuses to hire a job applicant in compliance
5 with this Section is considered to have discharged,
6 disciplined, or refused to hire for cause.
7 (c) No physician-patient relationship is created
8 between an employee or job applicant and an employer or
9 any person performing or evaluating a drug test, solely
10 by the establishment, implementation, or administration
11 of a drug-testing program.
12 (d) Nothing in this Section shall be construed to
13 prevent an employer from establishing reasonable work
14 rules related to employee possession, use, sale, or
15 solicitation of drugs, including convictions for
16 drug-related offenses, and taking action based upon a
17 violation of any of those rules.
18 (e) This Section does not operate retroactively, and
19 does not abrogate the right of an employer under State
20 law to conduct drug tests, or implement employee
21 drug-testing programs; however, only those programs that
22 meet the criteria outlined in this Section qualify for
23 reduced rates under Section 456.1 of the Insurance Code.
24 Nothing in this Act abrogates any provision of the Drug
25 Free Workplace Act.
26 (f) If an employee or job applicant refuses to
27 submit to a drug test, the employer is not barred from
28 discharging or disciplining the employee or from refusing
29 to hire the job applicant. However, this subdivision (f)
30 does not abrogate the rights and remedies of the employee
31 or job applicant as otherwise provided in this Section.
32 (g) This Section does not prohibit an employer from
33 conducting medical screening or other tests required,
34 permitted, or not disallowed by any statute, rule, or
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1 regulation for the purpose of monitoring exposure of
2 employees to toxic or other unhealthy substances in the
3 workplace or in the performance of job responsibilities.
4 Such screening or testing is limited to the specific
5 substances expressly identified in the applicable
6 statute, rule, or regulation, unless prior written
7 consent of the employee is obtained for other tests. A
8 public employer may, through the use of an unbiased
9 selection procedure, conduct random drug tests of
10 employees occupying safety-sensitive or special-risk
11 positions if the testing is performed in accordance with
12 drug-testing rules adopted by the Department of Public
13 Health and the Industrial Commission. If applicable,
14 random drug testing must be specified in a collective
15 bargaining agreement as negotiated by the appropriate
16 certified bargaining agent before such testing is
17 implemented.
18 (h) No cause of action shall arise in favor of any
19 person based upon the failure of an employer to establish
20 a program or policy for drug testing.
21 (8) Confidentiality.
22 (a) Except as otherwise provided in this subsection,
23 all information, interviews, reports, statements,
24 memoranda, and drug test results, written or otherwise,
25 received or produced as a result of a drug-testing
26 program are confidential and may not be used or received
27 in evidence, obtained in discovery, or disclosed in any
28 public or private proceedings, except in accordance with
29 this Section or in determinations related to this Act.
30 (b) Employers, laboratories, medical review
31 officers, employee assistance programs, drug
32 rehabilitation programs, and their agents may not release
33 any information concerning drug test results obtained
34 pursuant to this Section without a written consent form
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1 signed voluntarily by the person tested, unless the
2 release is compelled by a hearing officer or a court of
3 competent jurisdiction pursuant to an appeal taken under
4 this Section or is deemed appropriate by a professional
5 or occupational licensing board in a related disciplinary
6 proceeding. The consent form must contain, at a minimum:
7 (i) The name of the person who is authorized to
8 obtain the information.
9 (ii) The purpose of the disclosure.
10 (iii) The precise information to be disclosed.
11 (iv) The duration of the consent.
12 (v) The signature of the person authorizing
13 release of the information.
14 (c) Information on drug test results shall not be
15 used in any criminal proceeding against the employee or
16 job applicant. Information released contrary to this
17 Section is inadmissible as evidence in any such criminal
18 proceeding.
19 (d) This subsection (8) does not prohibit an
20 employer, agent of an employer, or laboratory conducting
21 a drug test from having access to employee drug test
22 information or using such information when consulting
23 with legal counsel in connection with actions brought
24 under or related to this Section or when the information
25 is relevant to its defense in a civil or administrative
26 matter.
27 (9) Drug-testing standards for laboratories.
28 (a) A laboratory may not analyze initial or
29 confirmation test specimens unless:
30 (i) The laboratory is approved by the
31 Department of Public Health using criteria
32 established by the United States Department of
33 Health and Human Services as guidelines for modeling
34 the State drug-testing program pursuant to this
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1 Section or the laboratory is certified by the United
2 States Department of Health and Human Services.
3 (ii) The laboratory has written procedures to
4 ensure the chain of custody.
5 (iii) The laboratory follows proper quality
6 control procedures, including, but not limited to:
7 (A) The use of internal quality controls,
8 including the use of samples of known
9 concentrations which are used to check the
10 performance and calibration of testing
11 equipment, and periodic use of blind samples
12 for overall accuracy.
13 (B) An internal review and certification
14 process for drug test results, conducted by a
15 person qualified to perform that function in
16 the testing laboratory.
17 (C) Security measures implemented by the
18 testing laboratory to preclude adulteration of
19 specimens and drug test results.
20 (D) Other necessary and proper actions
21 taken to ensure reliable and accurate drug test
22 results.
23 (b) A laboratory shall disclose to the medical
24 review officer a written positive confirmed test result
25 report within 7 working days after receipt of the sample.
26 All laboratory reports of a drug test result must, at a
27 minimum, state:
28 (i) The name and address of the laboratory that
29 performed the test and the positive identification
30 of the person tested.
31 (ii) Positive results on confirmation tests
32 only, or negative results, as applicable.
33 (iii) A list of the drugs for which the drug
34 analyses were conducted.
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1 (iv) The type of tests conducted for both
2 initial tests and confirmation tests and the minimum
3 cutoff levels of the tests.
4 (v) Any correlation between medication reported
5 by the employee or job applicant pursuant to
6 subdivision (5)(b)(ii) and a positive confirmed drug
7 test result.
8 A report must not disclose the presence or absence
9 of any drug other than a specific drug and its
10 metabolites listed pursuant to this Section.
11 (c) The laboratory shall submit to the Department of
12 Public Health a monthly report with statistical
13 information regarding the testing of employees and job
14 applicants. The report must include information on the
15 methods of analysis conducted, the drugs tested for, the
16 number of positive and negative results for both initial
17 tests and confirmation tests, and any other information
18 deemed appropriate by the Department of Public Health. A
19 monthly report must not identify specific employees or
20 job applicants.
21 (10) Rules. The Department of Public Health shall adopt
22 rules, using criteria established by the United States
23 Department of Health and Human Services as guidelines for
24 modeling the State drug-testing program, concerning, but not
25 limited to:
26 (a) Standards for approved drug-testing laboratories
27 and suspension and revocation of such licenses.
28 (b) Body specimens and minimum specimen amounts that
29 are appropriate for drug testing.
30 (c) Methods of analysis and procedures to ensure
31 reliable drug-testing results, including standards for
32 initial tests and confirmation tests.
33 (d) Minimum cutoff detection levels for each drug or
34 metabolites of such drug for the purposes of determining
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1 a positive test result.
2 (e) Chain-of-custody procedures to ensure proper
3 identification, labeling, and handling of specimens
4 tested.
5 (f) Retention, storage, and transportation
6 procedures to ensure reliable results on confirmation
7 tests and retests.
8 (11) Public employees in safety-sensitive or special-risk
9 positions.
10 (a) If an employee who is employed by a public
11 employer in a safety-sensitive position enters an
12 employee assistance program or drug rehabilitation
13 program, the employer must assign the employee to a
14 position other than a safety-sensitive position or, if
15 such position is not available, place the employee on
16 leave while the employee is participating in the program.
17 However, the employee shall be permitted to use any
18 accumulated annual leave credits before leave may be
19 ordered without pay.
20 (b) An employee who is employed by a public employer
21 in a special-risk position may be discharged or
22 disciplined by a public employer for the first positive
23 confirmed test result if the drug confirmed is a drug
24 scheduled in the Illinois Controlled Substances Act
25 unless the drug was taken in accordance with a
26 lawfully-issued prescription. A special-risk employee
27 who is participating in an employee assistance program or
28 drug rehabilitation program may not be allowed to
29 continue to work in any special-risk or safety-sensitive
30 position of the public employer, but may be assigned to a
31 position other than a safety-sensitive position or placed
32 on leave while the employee is participating in the
33 program. However, the employee shall be permitted to use
34 any accumulated annual leave credits before leave may be
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1 ordered without pay.
2 (12) Collective bargaining rights. This Section does not
3 eliminate the bargainable rights as provided in the
4 collective bargaining process if applicable.
5 Section 900. The Insurance Code is amended by adding
6 Section 456.1 as follows:
7 (215 ILCS 5/456.1 new)
8 Sec. 456.1. Workers' compensation insurance premium
9 discount for insured with drug-free workplace program.
10 (a) Notwithstanding any other provision of this Article,
11 for each policy of workers' compensation insurance issued or
12 renewed in this State on and after the effective date of this
13 amendatory Act of 1997, there shall be granted by the insurer
14 a 5% reduction in the premium for the policy if the insured
15 has been certified by the Industrial Commission as having a
16 drug-free workplace program which complies with the
17 requirements of the Drug-Free Workplace Program Act and has
18 notified its insurer in writing of that certification.
19 (b) The premium discount provided by this Section shall
20 be applied to an insured's policy of workers' compensation
21 insurance pro rata as of the date the insured receives
22 certification by the Industrial Commission and shall continue
23 for a period not to exceed 4 years; however, an insurer shall
24 not be required to credit the actual amount of the premium
25 discount to the account of the insured until the final
26 premium audit under the policy. Certification by an insured
27 shall be required for each of the 4 years in which such
28 premium discount is granted. Thereafter, any premium
29 discount pursuant to this Section shall be determined by the
30 Director in an actuarially sound manner.
31 (c) The workers' compensation insurance policy of an
32 insured shall be subject to an additional premium for the
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1 purposes of reimbursement of a previously granted premium
2 discount and to cancellation in accordance with the
3 provisions of the policy if it is determined by the
4 Industrial Commission that the insured misrepresented the
5 compliance of its drug-free workplace program with the
6 provisions of the Drug-Free Workplace Program Act.
7 (d) Each insurer shall make an annual report to the
8 Director pursuant to this Section illustrating the total
9 dollar amount of drug-free workplace premium credit and
10 providing any other information required by the Director.