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10 Things to Know About Workplace Drug Testing State Laws and Regulations in Illinois

1)Who Gets Tested

Illinois has a required drug testing law. This means that certain individuals must be tested if involved in certain types of jobs or activities. This is to ensure the safety of the public at all times. Otherwise drug testing is at the discretion of the employer.

2) Types of Drugs

The state of Illinois requires no specific drugs be tested for. It is up to the employer to decide what drugs they wish to look for. Of course it is standard practice to test for those drugs that will cause impairment and the inability to safely complete a job.

3) Company Disclosure

There is no requirement for a company, public or private, to post notice in a public area that they conduct drug testing.

4) Written Policy

Only public works requires a written policy on drug testing. Otherwise no employer, public or private, must have a written statue in the employee handbook that describes the companies policy regarding drug use and drug testing.

5) Test Types

There are no state laws or statutes that require mandatory types of testing by a company either public or private. There a company can opt for drug testing using a blood sample, hair sample or urine sample.

6) Drug Test Fees

All fees are the responsibility of the employer. No employer, public or private, can require any employee pay for any drug testing regardless of the type of testing of frequency of testing.

7) Who Must Be Tested

Only public works contractors and public works subcontractor must test their employees for both alcohol and drug use. Otherwise there are no regulations requiring any other worker to undergo drug or alcohol testing. However, companies that work with the public or who conduct business of a sensitive nature will usually do drug and/or alcohol testing.

Where Does Testing Take Place

There is not set laboratory or hospital where testing must occur. An employer can choose any facility that conducts drug testing.

9) Is there a Set Time for Drug Testing?

Only public works contractors as well as subcontractors must be tested prior to starting work for the company and ultimately for the public. In addition this type of company is required to conduct drug and alcohol testing for any employee involved in an accident or who is suspected of using drugs or alcohol. Otherwise there is no set rule, law or statute that states when a company, public or private, must do their drug testing.

10) What Happens if the Test is Positive?

A public works contractor and a public works subcontractor that has an employee that tests positive for drugs must be fired and could be prohibited from re-hire with any other company for that particular job. Otherwise a company, public or private, is under no obligation to fire or prosecute an employee that has tested positive for drug use.