Drug Testing Laws In Illinois 2021: Everything We Know

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Illinois state law does not explicitly prohibit drug testing. The employer may conduct drug tests without affecting individual rights. Further, the law states that it is not illegal for employers to require drug tests from employees who have been or are in a drug rehabilitation program.

Table Of Contents:

CPS/Child Protective Services Drug Testing Laws in Illinois

The DCFS (Department of Children and Family Services) handles cases related to child abuse in Illinois. DCFS cases go to juvenile court

  • To receive an order allowing them to remove or keep children from parent’s custody if one or both of them are proven drug addicts.
  • To provide court supervision over the parent/guardian involved in any form of abuse or neglect and lack of care for the child.

How does the CPS drug test work in Illinois?

The DCFS conducts random drug tests against parents or guardians whom they suspect that the child abuse might be due to illicit drug usage.

Any parent or guardian who refuses to take the drug test is taken off their parental custody. The child would be provided with alternative care until the parents prove themselves clean.

But with proper legal representatio, and a clear understanding of your rights, there is a possibility of increasing your family's chances for a favorable outcome during a DCFS investigation.

It is better to keep yourself away from drug usage altogether to prevent your child from being taken away from your custody.

The best option for CPS hair follicle drug test in Illinois

It is a known fact that the DCFS conducts urine or swab drug tests for the parents who are accused of drug abuse. But for confirmation, the DCFS may conduct a hair drug test that can hardly be cheated. Instead of using tampering methods, it is best to take a precautionary home-based hair drug test to identify the drug presence and make necessary genuine steps to succeed in the hair drug test. It is recommended to use trusted home-based hair drug test kits like PDT90 hair drug test kits to get accurate and fast results.

Newborn Drug Testing Laws in Illinois

Illinois does not have laws that sketch infant drug testing. Instead, some hospitals determine policies as to which infants should be bought for drug screening. For those infants who are screened and tested positive for illicit substances, the state requires them to report those cases to the DPH and DCFS.

Prenatal exposure to illicit substances is a finding that typically requires support from child protective services (CPS) agencies. According to Illinois law, if a newborn infant’s urine, blood, or meconium contains any controlled substances, it is classified as neglect and requires reporting to DCFS and CPS.

Meconium takes form between the 12th and 16th weeks of gestation period. Newborn drug testing can detect maternal drug use during the last four to five months of pregnancy. In contrast, a negative result does not exclude the possibility that the mother used drugs during pregnancy.

Do Teachers Get Drug Tested in Illinois?

There is no such law that the state insists the public schools conduct drug tests for teachers either at the pre-employment or random drug testing. Employees involved in the transportation sector get drug tested as per the guidelines of the DOT and school policies. If the school gets suspicious of a teacher’s action and behavior in school, the school might recommend a drug test to ensure a drug-free environment.

Top Companies and Agencies that Drug Test in Illinois

  • Walgreens: Walgreens is an American company that is the second-largest pharmacy store chain in the United States. Being a global leader in retail and wholesale pharmacy, it is fair to conduct a drug test before employing an employee. Yes, they conduct a urine test and a background check on new recruiters and perform random drug tests for the existing employees.
  • Motorola: Motorola is a consumer electronics and telecommunications company and is a subsidiary of Lenovo. They conduct a urine test as a pre-hire drug test. 
  • Lipton: Lipton is a British brand of tea, available in nearly over 110 countries. They hire employees after clearing the drug test. They examine hair strands because hair strands reveal drug usage for up to 90 days from consumption.
  • IKEA: IKEA is a Swedish multinational conglomerate that designs and sells furniture and other home appliances ready to assemble. They are widely known for their modernist works and excellent interior designing with an eco-friendly simplicity. They perform minor paperwork before the urine test. The urine samples are carried to a lab, and the results are published with the paperwork. A random drug test is conducted on employees who are suspected or during an accidental emergency. 
  • Napleton Westmont Porsche: Napleton Westmont Porsche is open to selling and service vehicles in Illinois featuring new Porsche, certified pre-owned Porsche, and used cars. They conduct an oral saliva test with a swab and a background check.
  • FedEx: All Trucking companies comply with random drug tests. They screen the individual during pre-employment. The DOT requires every transportation employer to deliver drug tests over their new hires and employees. The tests given are urine tests unless suspected of drug/alcohol use or any dishonest behavior. However, the package movers are not given any drug tests.
  • Ecolab: Eco lab is an American multinational corporation that develops and offers services, technology, and systems specializing in water treatment and specific associations with water hygiene in a wide variety of applications. 
  • Dot foods: Dot foods is a United States company, the largest distributor of food and food services. They distribute food collected from around 830 industries. Food industries have to make it clear for the freshmen to be drug-free as food industries are more concerned about food security and delivery. A standard five or 10-panel urinalysis screening for narcotics and illegal substances is done, and annual checking is carried out. The drivers on the distribution duty are pretty extensively called for urine tests and, if given a moving violation, accidents, especially if you have a ticket. 

Top 10 Jobs in Illinois that Do Not Drug Test

  • Cleaning technician: He/She is a person who amazes clients with their strong cleaning skills and empathetic nature. They take immense care to adhere to all health and safety precautions and guidelines in any sector being allotted. They can be hired for homes, industry, gardening, etc. They don't require a drug test as they are unprofessional, and their conscious care is the key ingredient to get the job in hand.
Apply here
  • Secretary: This job reflects the importance of intellectual life and infuses various aspects of our curriculum. The students in every grade must attain the benefit from outstanding academicians and access to unmatched resources. A dean is the right apt to maintain stability, and the higher the post, the lesser the risk of drug testing.
Apply here
  • Gamers: Gaming is fun. It is more exciting, and it involves the presence of mind to act perfectly to win the game. Gamers are not naturally drug tested. To be frank, as we can consider gaming being a great addiction, they do not need another illicit substance to keep them high or excited.
  • Freelance photographers: Illinois welcomes photographers with expressive talents to shoot golden moments for others. As long as you deliver satisfactory work to the clients, a drug test is not wanted. Freelancing is being your boss, and that has zero restrictions. Capture the beauty of Illinois without a drug test. 
  • Java Developer: Their main task is improving the digital signage applications and all other software development, applications, and appliances developed by the team. A drug test is not necessary as it is a pure talent-based job. The user request is to perform Java programs and coding efficiently and to mingle ideas from expertise. 
  • Housekeeper/Maid: The cleaning skills and home grooming are the client’s only expectations, and a drug test is of zero necessity. Maids are paid on an hourly basis, and Illinois has more vacancies. 
Apply here
  • Writer: Writing is a war with dedication where the pen spills thoughts of oneself. You don't have to be working under anyone to be a writer, your world spirals in the words of your wisdom. You don't need a drug test when writing is possible only on consciousness. 
  • Laborer: A laborer works under an employer by giving a hand in tasks like construction of buildings, using hand tools, concreting, etc. Being labor under an employer may ask for a drug test. In Illinois, a laborer doesn't require a drug screening on the pre-hiring process.
  • Beauty sector: The beauty sector is open for various jobs like nail technicians, professional makeup artists, draper, stylist, beauty spa, and salon. None of the jobs require a drug test. As marijuana is legal in Illinois, it is the choice of the technician to use it or not.
Apply here
  • Management positions: Success indeed brings many perks. Any managerial job can bring reputation and responsibilities to supervise, make decisions, formulate rules and regulations, etc. Executive jobs require skill and power. 
Apply here

Illinois Employer Drug Testing Laws

Illinois HB 1438 states specific laws that include

  • Legalizes recreational marijuana, brought into effect on January 1, 2020, for people of age 21 and above.
  • Employers are not obliged to permit the employee to intake marijuana while at work, perform job duties, or call at the workplace.
  • Requires specific changes to run a drug-free workplace with policies and procedures
  • Employers can have policies addressing random drug testing on employees, smoking marijuana, marijuana storage, etc., given that the policy is applicable in a non-discriminatory manner.
  • Employers are not encouraged to put up with employees being under the influence or the use of marijuana or any other drugs.
  • Employers must have “good faith belief” that an employee can be established using particular, articulable symptoms, but not strictly by a drug test.
  • Employers should assign a drug test for marijuana in conjunction with the specific signs and symptoms of impairment before taking any action.
  • Employers cannot take any prosecution based on the use of lawful products outside of the workplace and non-working hours.

The drugs that are tested for in a pre-employment test are

  • MMJ
  • MP & MAMP
  • Nicotine
  • PCP
  • Opiates
  • COC

What Happens If You Fail a Drug Test in Illinois?

Illinois' new law was jotted down to give employers the right to fire their employees for using marijuana. State laws vary as to what action you can take for any particular situation. However, there are some other methods of recourse that may help you to challenge the results.

The lawmakers ensured to protect the right of the employers to run the business according to their wants and the way they need. On a random drug test, if a person uses weed recreationally outside of their daily routine working hours, they might still get fired under Illinois law.

If you are one of the federal employees, executive order 12- 564 requires the federal government to take action accordingly if you test positive for a drug test because weed is still considered illegal at the federal level. You will have to get into an Employee Assistance Program (EAP), and then you must comply with the program's rules and norms to cease future drug use, or else you will be prone to cessation.

What Happens If You Fail a Drug Test on Probation in Illinois?

If you fail a drug test during the probation period, you are likely to be detained. Any sort of violation during probation might lead to the extension of jail time and strict action by the probationary officer. That probation officer will implement the unique conditions that the judge ordered on failing a drug test during probation. Common conditions and programs include

  • Community service
  • Drug testing
  • Weekly in-person visits(face to face)
  • Weekly telephone calls
  • Home visits
  • Employment and employment verification
  • No new re-arrests or new cases
  • Anger management classes
  • Detoxification
  • Mental health treatment

Pre-Employment Drug Testing Laws in Illinois

On applying for a job in Illinois, one must face the pre-employment drug test before getting hired. The province of Illinois supports the federal government’s drug-free workplace program, which contributes incentives and encourages the employers who voluntarily apply for and maintain such programs.

Illinois drug and alcohol testing procedures are also governed by the Illinois Human Rights Act and other anti-discrimination rules for disabled people. Employers continue to exercise the legal right to enforce zero-tolerance policies and maintain a drug-free and work environment.

The general rule states that employers can deny employment to new applicants or terminate employees from the firm who have tested positive for marijuana. There are six states where employers cannot take adverse employment litigation against any new applicant or employee with medical marijuana card-based wholly on a positive marijuana drug test result. The six states are Arizona, Arkansas, Delaware, Illinois, Minnesota, and Rhode Island.

Illinois employers can still perform a drug test but not ground employees under the terms of marijuana consumption.

Pre-employment screenings are widely done by three methods:

  1. Urinalysis: A urine drug test is a vastly conducted form of pre-employment drug testing and is typically conducted when a conditional offer of employment has been sent to the employees after getting recruited. A urine test can show traces of drug use even after the effects have worn off, but they remain for an extended period in the system.
  2. Hair Follicle Drug Testing: A hair follicle drug test is the most commonly used practice drug test because the test results furnish a longer detection window for drug use spanning up to 90 days from consumption. A strand of hair cut close to the scalp is collected from the employee from an unnoticeable area to perform the test.
  3. Mouth Swab Drug Test/Oral Saliva Drug Test: Mouth swab drug test method is 100% free from cheating and dilution. This is considered a cost-efficient method of drug testing. An oral fluid test publishes a report on drug use during the first four hours after drug use. The detection window of oral fluid can be noticed for 1 to 3 days. The employee will be required to provide an oral fluid sample through a swab by scraping the inside region of their mouth.

Final words

The drug testing laws in Illinois play a fair balance between the employer and the employee to encourage a healthy society without drug abuse. Drug abuse is a crime, and it is better to stay away from consuming them unless for medical reasons.



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