Some states have comprehensive drug-testing laws that regulate or prohibit testing in the private sector, but Illinois does not have such a law. Illinois employers are, therefore, free to implement testing policies at their own discretion. Please see the national Alcohol and Drugs section. Grants or Contracts with the State
Under the Illinois state Drug-Free Workplace Act (IL Comp. Stat. Ch. 30 Sec. 580/1et seq.), employers with a state grant or contract of $5,000 or more must take specific steps to prevent employees from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. Specifically, covered employers must publish a statement:
- Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace;
- Specifying the actions that will be taken against employees for violations; and
- Notifying the employee that, as a condition of employment on the contract or grant, the employee will abide by the terms of the statement; and notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after any conviction.
The statement must be given to each employee engaged in the performance of the contract and posted in a prominent location in the workplace.
Drug-free awareness programs required. Covered employers must establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the grantee's or contractor's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance ...