Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 367 - PROCEDURES FOR ISSUING FINANCIAL ASSISTANCE AWARDS UNDER THE ILLINOIS CLEAN LAKES PROGRAM
Subpart G - ASSISTANCE AWARD CONDITIONS AND LIMITATIONS
Section 367.780 - Drug Free Workplace

Universal Citation: 35 IL Admin Code ยง 367.780

Current through Register Vol. 48, No. 12, March 22, 2024

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 ]

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