Illinois employment drug testing laws are only defined for employers involved with public works or that have contracts with local or federal governments. Where private employers are concerned, Illinois Statutes do not prohibit, require, or encourage the testing of applicants or employees. Any contractor wishing to receive a grant or contract from the State must abide by the Substance Abuse Prevention on Public Works Projects Act. Applicants must be tested prior to employment, but after a conditional job offer has been extended.
Can Current Employees be Tested? Yes, employees will be tested under the following circumstances:
- reasonable suspicion
- random testing
Is Certified Testing Required? Yes.
Laws – 820 ILCS 265
What Can be Tested? No restrictions.
How to Conduct a Legal Drug Test (Pubic Works Employers)
Step 1 – Since it is required of employers to implement a drug-testing program, it may not be necessary for employees to sign and submit a Drug Test Release Form.
Step 2 – Testing must be performed by a laboratory certified for Federal Workplace Drug Testing Programs by the Substance Abuse and Mental Health Services Administration (SAMHSA). The test shall comprise of a 9 panel urine drug test plus a test for alcohol. Blood can only be tested under a post-accident circumstance. A list of certified labs can be found on the SAMHSA website.
Step 3 – Positive tests will result in the immediate removal of the employee or, concerning applicants, a refusal to hire. The employee can complete a rehabilitation program in order to be reinstated to their former position of employment.