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Have a Legal Question?
To encourage and promote drug-free work environments, the State of Illinois has passed specific laws and mandated strict regulations to ensure employers participating in the drug-free work environment are monitored by the American Disability Act and the Illinois Human Rights Act.
Some of the drug testing statutes in Illinois consist of the following:
- Employers receiving grants or work contracts from the federal government, including public, private, non-profit organizations, or government employers.
- A potential employee can be drug tested providing they have been given a conditional job offer based upon the drug testing results.
- Any employer that receives funding from the federal government must require drug test of all potential employees.
- Employers desiring to receive the funding to promote their drug-free work environment must comply with specific rules that include posting or publishing a notification of their policy for a drug-free work environment. In addition, employer’s receiving funding must set up an awareness program delineating the harmful effects of drugs.
- Employers must provide a written policy of drug-free regulations to each employee and post a copy of the regulations where all employees will have access to it.
- Employers must provide a written statement of the penalties imposed for failure to pass a drug test.
- Employees testing positive for drugs or alcohol must be given the opportunity for rehabilitation, counseling, and treatment.
- Potential employees who fail the drug tests will have their job offer withdrawn.
The drug-free work environment program was established to protect both the employee and the public from serious and sometimes fatal injuries caused by employees engaging in dangerous behavior induced by alcohol or drugs.
Chicago Employment Counsel
Contact a Chicago employment attorney at Goldman & Ehrlich to discuss the benefits of establishing a drug-free workplace program in your company.