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 “Employees who are under the influence of a banned substance or
alcohol while on the job present a risk to their co-workers and to
the taxpayers they serve,” said Dennis Murashko, the Governor's
General Counsel. “Being impaired also prevents employees from being
able to perform their job duties effectively. By implementing this
commonsense proposal, we are taking the necessary steps to further
protect the health and safety of our employees and those they
serve.”
 The proposal, which was part of the state’s last, best and final
offer during contract negotiations, does not allow for random drug
and alcohol testing. Rather, it only allows the state to test
employees if “specific objective facts and circumstances warrant
rational inferences that a person may be under the influence of
alcohol or a banned substance.” Those “facts and circumstances”
include:
- Observable phenomena such as direct observation of use or
the physical symptoms of using or being under the influence of
controlled substances such as, but not limited to: slurred
speech, direct involvement in a serious accident, or
disorientation;
- A pattern of abnormal conduct or erratic behavior; and,
- Information provided either by reliable and credible sources
or which is independently corroborated.
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Guidance will be provided to supervisors on what types of behavior
create a reasonable suspicion that an employee is under the
influence of alcohol or a banned substance. Generally, employees
that test positively for intoxication will be suspended for 30 days
and will be enrolled in a confidential Employee Assistance Program
for substance abuse treatment and rehabilitation. All records
concerning tests would remain confidential.
[Office of the Governor Bruce Rauner]
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