2023 Illinois Compiled Statutes › Chapter 30 - FINANCE › 30 ILCS 580/ - Drug Free Workplace Act.

(30 ILCS 580/1) (from Ch. 127, par. 132.311)
Sec. 1. 
		
		This Act shall be known and may be cited as the Drug Free Workplace Act.
(Source: P.A. 86-1459.)
(30 ILCS 580/2) (from Ch. 127, par. 132.312)
Sec. 2. 
		As used in this Act:
(a) "Drug free workplace" means a site for the performance of work done
in connection with a specific grant or contract of an entity whose
employees are prohibited from engaging in the unlawful
manufacture, distribution, dispensation, possession, or use of a controlled
substance in accordance with the requirements of this Act.
(b) "Employee" means an employee of a grantee or contractor directly
engaged in the specific performance of work pursuant to the provisions of a
grant or contract with the State, except that for the purpose of
determining the number of employees of a grantee or a contractor under
subsections (f) and (g) of this Section, an "employee" shall include any
employee of the contractor or grantee.
(c) "Controlled substance" means a controlled substance as defined in
the Illinois Controlled Substances Act or cannabis as defined in the
Cannabis Control Act.
(d) "Conviction" means a finding of guilt, including a plea of nolo
contendere, or imposition of sentence, or both, by any judicial body
charged with determining violations of the Federal or
State criminal drug statutes.
(e) "Criminal drug statute" means a criminal statute involving
manufacture, distribution, dispensation, use, or possession of any
controlled substance.
(f) "Grantee" means a corporation, partnership, or other entity with 25
or more employees at the time of issuing the grant, or a department,
division, or other unit thereof, directly responsible for the specific
performance under a grant of $5,000 or more from the State.  For purposes
of this Act, "grantee" does not include corporations, partnerships, or
other entities that receive public funds in connection with the WIC Vendor
Management Act; medical assistance reimbursements to pharmacies for
prescribed drugs and reimbursements for durable medical supplies covered
under Article V of the Illinois Public Aid Code; the vendor's discount for
collection of use and occupation taxes pursuant to the Use Tax Act, the
Service Use Tax Act, the Service Occupation Tax Act, or the Retailers'
Occupation Tax Act; the Superfund program contained in the Illinois
Environmental Protection Act; the lease or rental of real property; or
grants or loans made for the purpose of solid waste management or
reduction.  The term "grantee" does not include subcontractors of a
grantee.  The term "grantee" does not include a railroad that is subject to
a federally mandated drug testing program.
(g) "Contractor" means a corporation, partnership, or other entity with
25 or more employees at the time of letting the contract, or a department,
division, or unit thereof, directly responsible for the specific
performance under a contract of $5,000 or more.  For purposes of this Act,
"contractor" does not include corporations, partnerships, or other entities
that receive public funds in connection with the WIC Vendor Management Act;
medical assistance reimbursements to pharmacies for prescribed drugs and
reimbursements for durable medical supplies covered under Article V of the
Illinois Public Aid Code; the vendor's discount for collection of use and
occupation taxes pursuant to the Use Tax Act, the Service Use Tax Act, the
Service Occupation Tax Act, or the Retailers' Occupation Tax Act; the
Superfund program contained in the Illinois Environmental Protection Act;
the lease or rental of real property; or grants or loans made for the
purpose of solid waste management or reduction. The term "contractor" does
not include subcontractors of a contractor.  The term "contractor" does not
include a railroad that is subject to a federally mandated drug testing
program.
(h) "State" means all officers, boards, commissions, and agencies
created by the Constitution, whether in the executive, legislative, or
judicial branch; all officers, departments, boards, commissions, agencies,
institutions, authorities, universities, bodies politic and corporate of
the State; or administrative units or corporate outgrowths of the State
government which are created by or pursuant to statute.
(Source: P.A. 86-1459.)
(30 ILCS 580/3) (from Ch. 127, par. 132.313)
Sec. 3. 
		Contracts and grants. 
		No grantee or contractor shall receive
a grant or be considered for the purposes of being awarded a contract for
the procurement of any property or services from the State unless that
grantee or contractor has certified to the granting or contracting agency
that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) 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.
(2) Specifying the actions that will be taken against     employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of     employment on such contract or grant, the employee will:
(A) abide by the terms of the statement; and
(B) notify the employer of any criminal drug         statute conviction for a violation occurring in the workplace no later than 5 days after such conviction.
(b) Establishing a drug free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's or contractor's policy of     maintaining a drug free workplace;
(3) any available drug counseling, rehabilitation,     and employee assistance programs; and
(4) the penalties that may be imposed upon employees     for drug violations.
(c) Making it a requirement to give a copy of the statement required by
subsection (a) to each employee engaged in the performance of the contract
or grant and to post the statement in a prominent place in the workplace.
(d) Notifying the contracting or granting agency within 10 days after
receiving notice under part (B) of paragraph (3) of subsection (a) from an
employee or otherwise receiving actual notice of such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation
in a drug abuse assistance or rehabilitation program by, any employee who
is so convicted, as required by Section 5.
(f) Assisting employees in selecting a course of action in the event
drug counseling, treatment, and rehabilitation is required and indicating
that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free
workplace through implementation of this Section.
(Source: P.A. 86-1459.)
(30 ILCS 580/4) (from Ch. 127, par. 132.314)
Sec. 4. 
		Requirement for individuals. 
		The State shall not enter into a
contract for more than $5,000 or make a grant of more than $5,000 with any
individual unless the contract or grant includes a certification by the
individual that the individual will not engage in the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance in
the performance of the contract.
(Source: P.A. 86-1459.)
(30 ILCS 580/5) (from Ch. 127, par. 132.315)
Sec. 5. 
		Employee sanctions and remedies. 
		A grantee or contractor shall,
within 30 days after receiving notice from an employee of a conviction of a
violation of a criminal drug statute occurring in the workplace:
(a) Take appropriate personnel action against such employee up to and
including termination; or
(b) Require the employee to satisfactorily participate in a drug abuse
assistance or rehabilitation program approved for such purposes by a
federal, State, or local health, law enforcement, or other appropriate agency.
(Source: P.A. 86-1459.)
(30 ILCS 580/6) (from Ch. 127, par. 132.316)
Sec. 6. 
		
		Suspension, termination or debarment of the contractor or
grantee.  Each contract or grant awarded by the State shall be subject
to suspension of payments or termination, or both, and the contractor or
grantee thereunder or the individual who entered the contract with or
received the grant from the State shall be subject to suspension or
debarment in accordance with the requirements of this Section if the head
of the agency determines that:
(a) the contractor, grantee, or individual has made a     false certification under Section 3 or 4;
(b) the contractor or grantee violates such     certification by failing to carry out the requirements of Section 3;
(c) the contractor or grantee does not take     appropriate remedial action against employees convicted on drug offenses as specified in Section 5; or
(d) such a number of employees of the contractor or     grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor or grant recipient has failed to make a good faith effort to provide a drug free workplace as required by this Act.
(Source: P.A. 86-1459; 87-895.)
(30 ILCS 580/7) (from Ch. 127, par. 132.317)
Sec. 7. 
		Suspension, termination or debarment proceedings. 
		Any
determination proceedings for suspension of payments, termination, or
debarment pursuant to this Act shall be conducted in accordance with The
Illinois Administrative Procedure Act.
(Source: P.A. 86-1459.)
(30 ILCS 580/8) (from Ch. 127, par. 132.318)
Sec. 8. 
		Effect of debarment. 
		Upon issuance of any final decision
under this Act requiring debarment of a contractor, grantee or individual,
such contractor, grantee or individual shall be ineligible for award of any
contract or grant by the State for at least one year but not more than 5
years, as specified in the decision.
(Source: P.A. 86-1459.)
(30 ILCS 580/9) (from Ch. 127, par. 132.319)
Sec. 9. 
		Waiver. 
		A termination, suspension of payments, or
suspension or debarment under this Act may be waived by the
head of an agency with respect to a particular contract or
grant if the head of the agency determines that suspension of
payments, termination of the contract or grant, or suspension
or debarment of the contractor, grantee, or individual, as the
case may be, would severely disrupt the operation of such agency
to the detriment of the general public or would not be in the
public interest.
(Source: P.A. 86-1459.)
(30 ILCS 580/10) (from Ch. 127, par. 132.320)
Sec. 10. 
		
		At the time of entering into a contract or issuing a grant
that results in the application of this Act, the State agency letting the
contract or issuing the grant must notify the corporation, partnership, or
other entity with 25 or more employees or the department, division, or unit
of the corporation, partnership, or other entity of the application of this
Act and of the necessity of compliance.
(Source: P.A. 86-1459.)
(30 ILCS 580/11) (from Ch. 127, par. 132.321)
Sec. 11. 
		
		Any actions undertaken by a contractor or grantee in
compliance with this Act and in establishing a drug-free workplace shall
create a rebuttable presumption of good faith compliance with this Act and
shall not be considered a violation of the Illinois Human Rights Act.
(Source: P.A. 86-1459.)