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.
Under the Illinois state Drug-Free Workplace Act (30 ILCS 580/1 et 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 programs; and the penalties that may be imposed on employees for drug ...