SB1996 103RD GENERAL ASSEMBLY

LRB103 28652 SPS 55033 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1996

Introduced 2/9/2023, by Sen. Mary Edly-Allen

SYNOPSIS AS INTRODUCED:

20 ILCS 1505/1505-225 new
820 ILCS 205/2	from Ch. 48, par. 31.2

Amends the Department of Labor Law of the Civil Administrative Code of Illinois. Creates the Manufacturing Mentorship Program to be administered by the Department of Labor for the purpose of exposing minors who are 17 years of age to manufacturing occupations in the State through temporary employment with an employer. Provides for educational and training requirements that an employer must satisfy to ensure the safety of minors. Provides that the Director of Labor, in consultation with employers, shall adopt rules specifying a list of the tools that a minor who is employed under the program may operate during the minor's employment in a manufacturing occupation. Amends the Child Labor Law. Provides that nothing in the Act applies to the employment of a minor, 17 years of age, in a manufacturing occupation under the Manufacturing Mentorship Program. Effective July 1, 2024.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Labor Law of the Civil Administrative Code of Illinois is amended by adding Section 1505-225 as follows:

(20 ILCS 1505/1505-225 new)

Sec. 1505-225. Manufacturing Mentorship Program.

(a) As used in this Section:

"Employer" means a person who employs an individual in a manufacturing occupation.

"Manufacturing occupation" means employment that consists of the mechanical, physical, or chemical transformation of materials, substances, or components into new products for sale, including the assembling of component parts into a finished product.

"Program" means the Manufacturing Mentorship Program.

(b) There is hereby created the Manufacturing Mentorship Program to be administered by the Department of Labor for the purpose of exposing minors who are 17 years of age to manufacturing occupations in this State through temporary employment with an employer. An employer employing a minor under the program shall do all of the following:

(1) determine the duration of the minor's employment;

(2) assign the minor a mentor to provide direct and close supervision while the minor is engaged in any workplace activity;

(3) provide the minor with the training described in subsection (c);

(4) encourage the minor to participate in a career and technical education program approved by the State Board of Education if the minor is not participating in a career and technical education program when the minor begins employment; and

(5) comply with all applicable State and federal laws and regulations relating to the employment of minors.

(c)(1) An employer employing a minor who is 17 years of age in a manufacturing occupation under the program shall provide the minor with training that includes all of the following:

(A) a 10-hour course in general industry safety and health hazard recognition and prevention approved by the Occupational Safety and Health Administration of the United States Department of Labor;

(B) instructions on how to operate the specific tools the minor will use during the minor's employment;

(C) the general safety and health hazards to which the minor may be exposed at the minor's workplace;

(D) the value of commitment to safety and safety management; and

(E) information on the employer's drug testing policy.

(2) For purposes of subparagraph (A) of paragraph (1), a minor may participate in a 30-hour course in general industry safety and health hazard recognition and prevention approved by the Occupational Safety and Health Administration of the United States Department of Labor if the minor has already successfully completed a 10-hour course.

(3) The employer shall pay any costs associated with providing the training required by paragraph (1) or permitted under paragraph (2).

(4) An employer is not required to provide the training described in paragraph (1) or (2) if the minor presents proof of completing the training during the 6-month period immediately before beginning employment with the employer.

(d) The Director of Labor, in consultation with employers, shall adopt rules specifying a list of the tools that a minor who is 17 years of age who is employed under the program may operate during the minor's employment in a manufacturing occupation. The Director of Labor shall use the manual issued by the Wage and Hour Division of the United States Department of Labor titled "Field Operations Handbook" or its successor for guidance in developing the list. Nothing in this Section requires the Director of Labor to include a tool on the list if orders issued pursuant to the Fair Labor Standards Act of 1938 or Section 7 of the Child Labor Law or rules adopted under that Section specifically permit minors of that age to operate the tool.

(e) A minor who is 17 years of age who is employed by an employer under the program may work in any manufacturing occupation not denied by law to minors of that age under Section 7 of the Child Labor Law or rules adopted under that Section.

(f) No employer shall:

(1) permit a minor who is 17 years of age to operate a tool minors of that age are permitted to operate pursuant to the rules adopted under subsection (d) unless the minor is employed by the employer under the program;

(2) permit a minor who is 17 years of age who is employed by the employer under the program to operate a tool prohibited for use by minors of that age pursuant to the Fair Labor Standards Act of 1938 or Section 7 of the Child Labor Law or rules adopted under that Section.

Section 10. The Child Labor Law is amended by changing Section 2 as follows:

(820 ILCS 205/2) (from Ch. 48, par. 31.2)

Sec. 2. Nothing in this Act applies to the work of a minor engaged in agricultural pursuits except for those persons restricted from working in a gainful occupation in connection with agriculture in Section 1 or in the sale and distribution of magazines and newspapers at hours when the schools of the district are not in session. Nothing in this Act applies to the employment of a minor outside school hours in and around a home at work usual to the home of the employer so long as that work is not in connection with or a part of the business, trade or profession of the employer.

Nothing in this Act applies to the work of a minor in caddying at a golf course who is 13 or more years of age.

Nothing in this Act applies to the employment of a minor, 17 years of age, in a manufacturing occupation under the Manufacturing Mentorship Program as provided in Section 1505-225 of the Department of Labor Law of the Civil Administrative Code of Illinois.

Nothing in Section 9 of this Act applies to a minor, 14 or 15 years of age, during that part of the year from May 1 through September 30, in an occupational, vocational, or educational program funded by the Job Training Partnership Act.

(Source: P.A. 87-903.)

Section 99. Effective date. This Act takes effect July 1, 2024.