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Business Insights – October 2019

Friday, October 18, 2019
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As we inch towards 2020, there are many changes confronting employers in Illinois – legalization of cannabis, insurance rate increases and new requirements around sexual harassment training.  Today is the time for employers to prepare for the future and next steps. Our October insights focus on risk and compliance issues to come.

Fleet Telematics Systems:

  • Samsara
  • Verizon
  • Spireon
  • GPS Insights
  • Solar-Trak
  • Geotab

Sexual Harassment Training

Recreational cannabis captured most of the attention during the legislative session, but many employers are unaware of the new law that will require every single employer in Illinois to provide sexual harassment training to all employees every year. The legislation was the result of sexual harassment charges levied against cronies of the powerful Illinois Speaker of the House Mike Madigan. Female staffers and legislators were routinely sexually harassed by other legislators and staffers. Instead of a focused response to the accusations made in his own back yard, Speaker Madigan moved legislation forward that impacts ALL Illinois employers. Governor Pritzker signed this into law on August 9th.

This training MUST include the curriculum to be published by the Illinois Department of Human Rights (IDHR). Additional, special training must be provided to all hotels, restaurants, and casino workers. This new law takes effect on January 1, 2020, and the specialized sexual harassment training must be completed by December 1, 2020. The IDHR has yet to publish the curriculum, but they are telling us this may happen in the coming weeks. We will develop our own training program once these details are made available. We will also develop a special curriculum for hotel, restaurant, and casino workers. We’ve already been asked by several of our clients to provide this training.

Reasonable Suspicion Training

The Illinois Cannabis Regulation and Tax Act also take effect on January 1, 2020. Illinois employers will no longer be able to use traditional drug testing for cannabis until an accurate, less-invasive technology is developed to approximate impairment/intoxication. The ONLY recourse employers will have, until this technology is developed, is to implement a reasonable suspicion program supported by the training of supervisors and managers. We have provided this training before, but typically in the context of the DOT and its specific requirements.

As with sexual harassment, the state is very specific about what must be included in this reasonable suspicion training. We are in the process of sourcing support materials and specialized training our consultants can attend to become proficient in delivering this training. Our goal is to have an Illinois-specific reasonable suspicion training program developed by the end of this year.

 

By helping our clients understand the future, we can help them prepare to capture future opportunities ahead as well as avoid risks.  As risk advisors, it’s not good enough to just focus on the risks in front of us.  We have to help our clients see the future.  

Material posted on this website is for informational purposes only and does not constitute a legal opinion or medical advice. Contact your legal representative or medical professional for information specific to your legal or medical needs.

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