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Illinois - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Illinois

Instant or POCT Testing

Restrictions

Not allowed for employers on public works projects.

Drug Panels

Restrictions

For employers on public works projects, at a minimum, must use a 9 panel urine drug test.

Laboratory

License

For confirmation testing, SAMHSA or CAP approved.

MRO Required

Not Required

Use of MRO highly recommended to avoid liability in your drug testing program. Also should be used for employers on public works projects.

Random Testing

No Restrictions

Required for employers on public works projects .

Post-Accident

No Restrictions

Required for employers on public works projects.

Reasonable Suspicion

No Restrictions

Required for employers on public works projects.

Oral Fluids

Restrictions

For employers on public works projects, urine required.

Hair Testing

Restrictions

For employers on public works projects, urine required.

Unemployment Denial

Yes, address in company policy

An individual is disqualified for benefits if the individual was discharged for misconduct connected with the individual's last work. State in your drug free workplace policy that a refusal to test or a positive test is misconduct. Terminate employment for misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes, available

If you test positive for drugs or alcohol you are denied your workers compensation benefits. DOT like testing must be followed. EMPLOYMENT (820 ILCS 305/) Workers' Compensation Act.

Medical Marijuana

Yes

Employers may not discriminate due to a patient status but the law specifically allows employer to drug test and discipline for violations.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

This state has no known statutes restricting workplace drug or alcohol testing. A separate law in Illinois exists that mandates and regulates drug testing by public works employers.