Bill Amendment: IL HB4116 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: RIGHT TO PRIVACY-DRUG TEST
Status: 2022-05-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB4116 Detail]
Download: Illinois-2021-HB4116-House_Amendment_001.html
Bill Title: RIGHT TO PRIVACY-DRUG TEST
Status: 2022-05-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB4116 Detail]
Download: Illinois-2021-HB4116-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 4116
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2 | AMENDMENT NO. ______. Amend House Bill 4116 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Right to Privacy in the Workplace Act is | ||||||
5 | amended by changing Section 5 as follows:
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6 | (820 ILCS 55/5) (from Ch. 48, par. 2855)
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7 | Sec. 5. Discrimination for use of lawful products | ||||||
8 | prohibited.
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9 | (a) Except as otherwise specifically provided by law, | ||||||
10 | including Section 10-50 of the Cannabis Regulation and Tax | ||||||
11 | Act, and except as
provided in subsections (b) and (c) , (d), | ||||||
12 | (e), (f), (g), (h), (i), and (j) of this Section, it shall be | ||||||
13 | unlawful
for an employer to refuse to hire or to discharge any | ||||||
14 | individual, or
otherwise disadvantage any individual, with | ||||||
15 | respect to compensation, terms,
conditions or privileges of | ||||||
16 | employment because the individual uses lawful
products away |
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1 | from off the premises of the employer's workplace employer | ||||||
2 | during nonworking and non-call hours or because the results of | ||||||
3 | an individual's drug test indicate the presence of | ||||||
4 | tetrahydrocannabinol, unless the employee works in a safety | ||||||
5 | sensitive position, unless the employee demonstrates | ||||||
6 | impairment as defined in this Act, or unless the test results | ||||||
7 | for tetrahydrocannabinol exceeds the limits set forth in | ||||||
8 | Section 11-501.2 of the Illinois Vehicle Code . | ||||||
9 | (a-5) As used in this Section : , | ||||||
10 | (1) " Lawful lawful products" means products that are | ||||||
11 | legal under state law. | ||||||
12 | (2) "Workplace" means the employer's premises, | ||||||
13 | including any building, real property, and parking area | ||||||
14 | under the control of the employer or area used by an | ||||||
15 | employee while in the performance of the employee's job | ||||||
16 | duties. | ||||||
17 | (3) "On-call" means For purposes of this Section, an | ||||||
18 | employee is deemed on-call when the employee is scheduled | ||||||
19 | with at least 24 hours' notice by his or her employer to be | ||||||
20 | on standby or otherwise responsible for performing tasks | ||||||
21 | related to his or her employment either at the employer's | ||||||
22 | workplace premises or other previously designated location | ||||||
23 | by his or her employer or supervisor to perform a | ||||||
24 | work-related task.
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25 | (4) "Safety sensitive position" means any position | ||||||
26 | designated in writing by the employer as a safety |
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1 | sensitive position in which the person performing the | ||||||
2 | position, or duties required of the position, while under | ||||||
3 | the influence of tetrahydrocannabinol, may constitute a | ||||||
4 | threat to or endanger the health or safety of the person or | ||||||
5 | others. | ||||||
6 | "Safety sensitive position" includes the following: | ||||||
7 | (1) A position that requires any of the following: | ||||||
8 | (A) carrying a firearm; | ||||||
9 | (B) performing medical procedures, | ||||||
10 | life-threatening procedures, or emergency | ||||||
11 | services; or | ||||||
12 | (C) working with hazardous or flammable | ||||||
13 | materials, controlled substances, or | ||||||
14 | pharmaceuticals. | ||||||
15 | (2) A position in which a lapse of attention could | ||||||
16 | result in injury, illness, death, or damage to | ||||||
17 | property, including, without limitation, a position | ||||||
18 | operating, repairing, maintaining, monitoring, or | ||||||
19 | designing equipment, machinery, critical services and | ||||||
20 | infrastructure, aircraft, motorized watercraft, or | ||||||
21 | motor vehicles as part of the position's job duties. | ||||||
22 | (b) This Section does not apply to any employer that is a | ||||||
23 | non-profit
organization that, as one of its primary purposes | ||||||
24 | or objectives,
discourages the use of one or more lawful | ||||||
25 | products by the general public.
This Section does not apply to | ||||||
26 | the use of those lawful products which
impairs an employee's |
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1 | ability to perform the employee's assigned duties.
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2 | (c) It is not a violation of this Section for an employer | ||||||
3 | to offer,
impose or have in effect a health, disability or life | ||||||
4 | insurance policy that
makes distinctions between employees for | ||||||
5 | the type of coverage or the price
of coverage based upon the | ||||||
6 | employees' use of lawful products provided that:
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7 | (1) differential premium rates charged employees | ||||||
8 | reflect a
differential cost to the employer; and
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9 | (2) employers provide employees with a statement | ||||||
10 | delineating the
differential rates used by insurance | ||||||
11 | carriers.
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12 | (d) Nothing in this Act prohibits an employer from | ||||||
13 | enforcing a pre-employment drug testing policy, random drug | ||||||
14 | testing policy, or a drug-free workplace policy or from | ||||||
15 | disciplining an employee or withdrawing a job offer to an | ||||||
16 | applicant for violating such policy if the policy is applied | ||||||
17 | to employees working in safety sensitive positions. An | ||||||
18 | employer, however, may not take adverse action against an | ||||||
19 | employee solely because of a positive drug test for | ||||||
20 | tetrahydrocannabinol unless the test result exceeds the limits | ||||||
21 | set forth in Section 11-501.2 of the Illinois Vehicle Code. | ||||||
22 | (e) Nothing in this Act limits an employer's ability to | ||||||
23 | discipline an employee for failing a drug test if failing to do | ||||||
24 | so would put the employer in violation of federal law or cause | ||||||
25 | it to lose a federal contract or funding. | ||||||
26 | (f) Nothing in this Act shall be construed to create a |
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1 | defense for a third party who fails a drug test. | ||||||
2 | (g) An employer may consider an applicant or employee to | ||||||
3 | be impaired when he or she tests positive for | ||||||
4 | tetrahydrocannabinol that exceeds the limits set forth in | ||||||
5 | Section 11-501.2 of the Illinois Vehicle Code or manifests | ||||||
6 | specific, articulable symptoms or behavior while working that | ||||||
7 | decrease or lessen his or her performance of the duties or | ||||||
8 | tasks of the employee's job position, including manifestations | ||||||
9 | of the employee's speech, physical dexterity, agility, | ||||||
10 | coordination, demeanor, irrational or unusual behavior, | ||||||
11 | negligence or carelessness in operating equipment or | ||||||
12 | machinery, disregard for the safety of the employee or others, | ||||||
13 | involvement in an accident that results in serious damage to | ||||||
14 | equipment or property, disruption of a production or | ||||||
15 | manufacturing process, or carelessness that results in any | ||||||
16 | injury to the employee or others. If an employer elects to | ||||||
17 | withdraw a job offer from an applicant or discipline an | ||||||
18 | employee under this subsection, it must afford the applicant | ||||||
19 | or employee a reasonable opportunity to contest the basis of | ||||||
20 | the determination. | ||||||
21 | (h) Nothing in this Act shall be construed to create or | ||||||
22 | imply a cause of action for any person against an employer for: | ||||||
23 | (1) actions based on the employer's good faith belief | ||||||
24 | that an employee used or possessed tetrahydrocannabinol | ||||||
25 | while at the employer's workplace or during the hours of | ||||||
26 | employment; |
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1 | (2) actions based on the employer's good faith belief | ||||||
2 | that an employee was impaired while working, while working | ||||||
3 | at the employer's workplace during the hours of | ||||||
4 | employment; | ||||||
5 | (3) discipline or termination of the employment of an | ||||||
6 | employee or withdrawal of a job offer from an applicant | ||||||
7 | when enforcing a drug policy that complies with this | ||||||
8 | Section; or | ||||||
9 | (4) injury or loss to a third party if the employer | ||||||
10 | neither knew nor had reason to know that the employee was | ||||||
11 | impaired. | ||||||
12 | (i) Nothing in this Act shall be construed to interfere | ||||||
13 | with any federal restrictions on employment, including, but | ||||||
14 | not limited to, the United States Department of Transportation | ||||||
15 | regulation 49 CFR 40.151(e). | ||||||
16 | (Source: P.A. 101-27, eff. 6-25-19.)".
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