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Summary of differences between federal and state regulations
Illinois Human Rights Act
The Illinois Human Rights Act covers drug testing for employers of 15 or more employees. It allows for drug testing during and after rehabilitation. It holds an employee to the same standards as other employees regardless of illegal drug use or alcoholism, even if drug use or alcoholism are a factor in poor performance. The Act neither encourages nor prohibits other types of drug testing for applicants and employees.
Illinois Drug-Free Workplace Act
Illinois law mirrors the federal Drug-Free Workplace Act for state contractors and grantees.
Unemployment insurance
Workers will be disqualified for consuming alcohol or illegal drugs, non-prescribed prescription drugs, or using an impairing substance in an off-label manner on the employer’s premises during working hours in violation of the employer’s policies, or showing up to work impaired during normal working hours.
Workers’ compensation
The Illinois Workers’ Compensation Commission rules allow for employee drug testing to determine alcohol concentration and the presence of drugs or intoxicating compounds. Procedures for collection and testing need to be followed.
State
Contacts
RegulationsIllinois Human Rights Act
Article 2, Employment, Illinois Compiled Statutes, 775 ILCS 5/2-104.
The Illinois Drug-Free Workplace Act
Illinois Compiled Statutes 30 ILCS 580.
Workers’ compensation
Illinois Administrative Code, Title 50, Chapter VI, Part 9140,
Alcohol and drug sample collection and testing
http://www.ilga.gov/commission/jcar/admincode/050/05009140sections.html
Federal
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.
Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document