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

1)Who Gets Tested				the type of testing of frequency of testing.
Illinois has a required drug testing law. This means				7) Who Must Be Tested
that certain individuals must be tested if involved				Only public works contractors and public works
in certain types of jobs or activities. This is to				subcontractor must test their employees for both
ensure the safety of the public at all times.				alcohol and drug use. Otherwise there are no
Otherwise drug testing is at the discretion of the				regulations requiring any other worker to undergo
employer.				drug or alcohol testing. However, companies that
2) Types of Drugs				work with the public or who conduct business of
The state of Illinois requires no specific drugs be				a sensitive nature will usually do drug and/or
tested for. It is up to the employer to decide				alcohol testing.
what drugs they wish to look for. Of course it is				8) Where Does Testing Take Place
standard practice to test for those drugs that will				There is not set laboratory or hospital where
cause impairment and the inability to safely				testing must occur. An employer can choose any
complete a job.				facility that conducts drug testing.
3) Company Disclosure				9) Is there a Set Time for Drug Testing?
There is no requirement for a company, public or				Only public works contractors as well as
private, to post notice in a public area that they				subcontractors must be tested prior to starting
conduct drug testing.				work for the company and ultimately for the
4) Written Policy				public. In addition this type of company is required
Only public works requires a written policy on drug				to conduct drug and alcohol testing for any
testing. Otherwise no employer, public or private,				employee involved in an accident or who is
must have a written statue in the employee				suspected of using drugs or alcohol. Otherwise
handbook that describes the companies policy				there is no set rule, law or statute that states
regarding drug use and drug testing.				when a company, public or private, must do their
5) Test Types				drug testing.
There are no state laws or statutes that require				10) What Happens if the Test is Positive?
mandatory types of testing by a company either				A public works contractor and a public works
public or private. There a company can opt for				subcontractor that has an employee that tests
drug testing using a blood sample, hair sample or				positive for drugs must be fired and could be
urine sample.				prohibited from re-hire with any other company
6) Drug Test Fees				for that particular job. Otherwise a company,
All fees are the responsibility of the employer. No				public or private, is under no obligation to fire or
employer, public or private, can require any				prosecute an employee that has tested positive
employee pay for any drug testing regardless of				for drug use.