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Drug-Free Workplace Policy and Program Template

Illinois Drug Testing Laws and Regulations

State: Illinois
Illinois Drug Testing Law:

The State of Illinois has legislated specific guidelines to encourage employers to promote drug-free workplace. It also supports the federal government’s drug-free workplace program, which provides incentive to employers who voluntarily apply for the program and maintain such program. Illinois drug testing and alcohol testing procedures are also governed by the Illinois Human Rights Act and other disability anti-discrimination rules.

Statute of Order:

Illinois Compiled Statute 820 ILCS 265/20
Covered Employers:

All employers – private, public, government and non-profit organizations – receiving grants or work contracts from the federal government.

Applicant Testing:

Pre-employment drug testing is permitted after a conditional job offer has been made.

Employee Testing:
  • Drug testing for employees working under employers receiving funding from the federal government is a pre-requisite for employment.
Conditions and Methods:
  • Employers who wish to receive grants from the state and federal government for promoting drug-free workplace are required to comply with the following:
  • Post or publish a written notification of the drug-free workplace policy.
  • Establish an awareness program regarding the harmful effects of drugs to the individual, business interest and to the family of the users.
  • Provide a copy of the policy to each employee and to post a copy in an area accessible to all employees.
  • Statement of sanctions for workers who tested positive.
  • Provide options for treatment, counselling and rehabilitation
  • Drug testing and alcohol testing must be conducted in a manner that does not violate the employees’ privacy, reputation and dignity as human beings.
Important Bullet Points:
  • Alongside 820 ILCS 265/20 and state laws, the Drug-free Workplace Act of 1988 also provides guidelines regarding drug testing policy in the workplace.
  • Use of tobacco, alcohol and other legal substances outside the work premises are generally tolerated.
  • Applicants may refuse to submit to the pre-employment drug testing. In this case, employers have the right to withdraw the job offer.
  • Public works employees who tested positive in drug and alcohol testing or who refused to submit to testing will be barred from work.
  • Public works employees who have been barred from work may return to work after undergoing routine tests as stipulated by the employers’ substance abuse policy.

An employee who entered a rehabilitation program may be re-admitted by the former employer, if the job position still exists.

Medical Marijuana Law:
  • Alongside 820 ILCS 265/20 and state laws, the Drug-free Workplace Act of 1988 also provides guidelines regarding drug testing policy in the workplace.
  • Use of tobacco, alcohol and other legal substances outside the work premises are generally tolerated.
  • Applicants may refuse to submit to the pre-employment drug testing. In this case, employers have the right to withdraw the job offer.
  • Public works employees who tested positive in drug and alcohol testing or who refused to submit to testing will be barred from work.
  • Public works employees who have been barred from work may return to work after undergoing routine tests as stipulated by the employers’ substance abuse policy.

An employee who entered a rehabilitation program may be re-admitted by the former employer, if the job position still exists.

Applicability: Law applies to physicians, patients and caregivers
Quantity Allowed: Less than or equal to 3 mature or 4 immature plants with yield of 1oz if usable.
How Obtained: Growing is permitted but details not specified.
Liability Protections: Physicians: protected from criminal prosecution when recommending Marijuana for medical use in writing Patients and Caregivers: have an affirmative defense if physician advised use of Medical Marijuana, explained the risks/benefits of use, and if registered with I.D. card.
Statutory Requirements for Authorized Use: Registry Card required. Must be registered with Hawaii Department of Public Safety. Patient needs written documentation from physician that use outweighs risks and that the amount permitted will not be exceeded.
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Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Global Business Support System Inc. DBA TestCountry.

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