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Pre-employment drug testing Illinois

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  • Pre-employment drug testing Illinois

    As an employer, are we afforded the right to require onsite drug testing and if the test does not pass the in-house testing have the ability to decline employment rather than sending it in to a lab for a second analysis? Or are we required to follow through and send it off regardless?

  • #2
    All I can do is give you the law in Il. re employee drug testing - I have nothing more.

    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.

    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.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    • #3
      Perhaps I was a bit ambiguious. Let me see if this helps a little.

      We have an applicant who submitted a drug screening that came back positive. This particular office location did not send it out to the lab for further scrutiny, as it would take several days to get the results back, and had another candidate in mind that they felt would have a better probability at passing the initial screening with a quicker chance of hiring on. Are employers able to do an initial testing with positive results and then consider not sending it off to be analyzed more closely. Are we required to go that extra step for pre-emplyment?

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