35 Ill. Adm. Code 367.780
Drug Free Workplace
Section 367
Section 367.780 Drug Free
Workplace
a) Every award recipient who has 25 or more employees at the time
of signing the financial assistance award or who is directly responsible for
specific performance under an assistance award of $5,000 or more shall certify
that it will provide a drug free workplace by taking the following steps:
1)
Publishing a statement:
A)
notifying employees that the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance,
including cannabis, is prohibited in the award recipient's workplace;
B)
specifying the actions that will be taken against employees
for violations of such prohibitions;
C)
notifying the employee that, as a condition of employment on
such award project, the employee will:
i)
abide by the terms of the statement; and
ii)
notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace not later than five days
after such conviction.
2)
Establishing a drug free awareness program to inform
employees about:
A)
dangers of drug abuse in the workplace;
B)
the award recipient's policy of maintaining a drug free
workplace;
C)
any available drug counseling, rehabilitation, and employee
assistance programs; and
D)
penalties that may be imposed upon employees for drug
violations.
3)
Providing a copy of the statement required by subsection
(a)(1) of this Section to each employee engaged in the performance of the
assistance award and posting a copy of the statement in a prominent place in
the workplace.
4)
Notifying the Agency within ten days after receiving a
notice of conviction under subsection (a)(1)(C)(ii) of this Section from an
employee or otherwise receiving actual notice of a conviction.
5)
Imposing a sanction on, or requiring satisfactory
participation in a drug abuse assistance or rehabilitation program by any
employee who is convicted of a violation of a criminal drug statute, as
required by Section 5 of the Drug Free Workplace Act
.
6)
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.
7)
Making a good faith effort to continue to maintain a drug
free workplace through implementation of the Drug Free Workplace Act.
[30
ILCS 580/3]
b)
In cases where the financial assistance award is more than
$5,000 and the recipient is an individual, the recipient shall certify that he
or she will not engage in the unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance in the performance of the Clean
Lakes project.
[30 ILCS 580/4]