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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Safety Inspection and Education Act is | ||||||
5 | amended by changing Section 0.2, changing and resectioning | ||||||
6 | Section 2, and adding Sections 2.2, 2.5, 2.6, 2.7, and 2.9 as | ||||||
7 | follows:
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8 | (820 ILCS 220/.02) (from Ch. 48, par. 59.02)
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9 | Sec. .02. Definitions.
As used in this Act:
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10 | "Department" means the Department of Labor.
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11 | "Director" means the Director of Labor.
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12 | "Division" means the Division of Safety Inspection and | ||||||
13 | Education of the Department of Labor.
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14 | (Source: P.A. 87-245.)
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15 | (820 ILCS 220/2) (from 820 ILCS 220/2, in part)
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16 | Sec. 2. Powers and duties; inspections.
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17 | (a) The Director of Labor shall enforce the occupational | ||||||
18 | safety
and health standards and rules promulgated under the | ||||||
19 | Health and Safety Act
and any occupational health and safety | ||||||
20 | laws relating to inspection of
places of employment, and shall | ||||||
21 | visit and inspect, as often as practicable,
the places of | ||||||
22 | employment covered by this Act.
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23 | (b) The Director of Labor or his or her authorized | ||||||
24 | representatives upon
presenting appropriate credentials to the | ||||||
25 | owner, operator or agent in
charge is authorized to have the | ||||||
26 | right of entry and inspections of all
places of all employment | ||||||
27 | in the State as follows:
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28 | (1)
1. To enter without delay and at reasonable times | ||||||
29 | any factory,
plant, establishment, construction site, or | ||||||
30 | other area, workplace or
environment where work is | ||||||
31 | performed by an employee of a public
an employer in
order |
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1 | to enforce such occupational safety and health standards.
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2 | (2) If the public employer refuses entry upon being | ||||||
3 | presented proper credentials or allows entry but then | ||||||
4 | refuses to permit or hinders the inspection in some way, | ||||||
5 | the inspector shall leave the premises and immediately | ||||||
6 | report the refusal to authorized management. Authorized | ||||||
7 | management shall notify the Director of Labor to initiate | ||||||
8 | the compulsory legal process or obtain a warrant for entry, | ||||||
9 | or both.
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10 | (3)
2. To inspect and investigate during regular | ||||||
11 | working hours and at
other reasonable times, and within | ||||||
12 | reasonable limits and in a reasonable
manner, any such | ||||||
13 | place of employment and all pertinent conditions,
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14 | structures, machines, apparatus, devices, equipment, and | ||||||
15 | materials
therein, and to question privately any such | ||||||
16 | employer, owner, operator,
agent or employee.
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17 | (4)
3. The owner, operator, manager or lessees of any | ||||||
18 | place affected by
the provisions of this Act and his or her | ||||||
19 | agent, superintendent,
subordinate or employee, and any | ||||||
20 | employer affected by such provisions shall
when requested | ||||||
21 | by the Division of Safety Inspection and Education, or any
| ||||||
22 | duly authorized agent thereof, furnish any information in | ||||||
23 | his or her
possession or under his control which the | ||||||
24 | Department of Labor is authorized
to require, and shall | ||||||
25 | answer truthfully all questions required to be put to
him, | ||||||
26 | and shall cooperate in the making of a proper inspection.
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27 | (5) A person who gives advance notice of an inspection | ||||||
28 | to be conducted under the authority of this Act without | ||||||
29 | authority from the Director of Labor, or his or her | ||||||
30 | authorized representative, commits a Class B misdemeanor.
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31 | (6)
4. Subject to regulations issued by the Director of | ||||||
32 | Labor, a
representative of the employer and a | ||||||
33 | representative authorized by his or
her employees shall be | ||||||
34 | given an opportunity to accompany the Director of
Labor or | ||||||
35 | his or her authorized representative during the physical
| ||||||
36 | inspection of any workplace under this Section for the |
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1 | purpose of aiding
such inspection. Where there is no | ||||||
2 | authorized employee representative the
Director of Labor | ||||||
3 | or his or her authorized agent shall consult with a
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4 | reasonable number of employees concerning matters of | ||||||
5 | health and safety
in the workplace.
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6 | (7)(A) Whenever and as soon as an inspector concludes | ||||||
7 | that an imminent danger exists in any place of employment, | ||||||
8 | the inspector shall inform the affected employees or their | ||||||
9 | authorized representatives and employers of the danger and | ||||||
10 | that the inspector is recommending to the Director of Labor | ||||||
11 | that relief be sought. | ||||||
12 | (B) Whenever the Director is of the opinion that | ||||||
13 | imminent danger exists in the working conditions of any | ||||||
14 | public employee in this State, which condition may | ||||||
15 | reasonably be expected to cause death or serious physical | ||||||
16 | harm, the Director may file a complaint in the circuit | ||||||
17 | court for appropriate relief against an employer and | ||||||
18 | employee, including an order directing the employer or | ||||||
19 | employee to cease and desist from the practice creating the | ||||||
20 | imminent danger and to obtain immediate abatement of the | ||||||
21 | hazard. | ||||||
22 | (C) If the Director of Labor arbitrarily or | ||||||
23 | capriciously fails to seek relief under this Section, any | ||||||
24 | employee who may be injured by reason of such failure, or | ||||||
25 | the representative of the employee, may bring an action | ||||||
26 | against the Director of Labor in the circuit court for the | ||||||
27 | circuit in which the imminent danger is alleged to exist or | ||||||
28 | the employer has his or her principal office, for relief by | ||||||
29 | mandamus to compel the Director of Labor to seek such an | ||||||
30 | order and for such further relief as may be appropriate.
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31 | (Source: P.A. 86-820; 87-245.)
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32 | (820 ILCS 220/2.1 new) (from 820 ILCS 220/2, in part)
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33 | Sec. 2.1. Complaint inspection procedures. | ||||||
34 | (a)
5. Any employees or representatives of employees who | ||||||
35 | believe that a
violation of a safety or health standard exists |
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1 | or that an imminent
danger exists, may request an inspection by | ||||||
2 | submitting a written
complaint to the Director of Labor or his | ||||||
3 | or her authorized representative
setting forth with reasonable | ||||||
4 | particularity the grounds for the complaint,
and signed by the | ||||||
5 | employees or representative of employees. | ||||||
6 | (b) If the Director of Labor or the Director's authorized | ||||||
7 | representative determines there are no reasonable grounds to | ||||||
8 | believe that a violation or danger exists, he or she shall | ||||||
9 | notify the employees or representatives of the employees in | ||||||
10 | writing of such determination. | ||||||
11 | (c) If, upon receipt of such complaint, the Director of | ||||||
12 | Labor or his or her authorized representative determines there | ||||||
13 | are reasonable grounds to believe that such violation or danger | ||||||
14 | exists, he or she shall make a special inspection of the | ||||||
15 | workplace in accordance with the provisions of this Act as soon | ||||||
16 | as practicable, to determine if such violation or danger | ||||||
17 | exists.
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18 | (d) A copy of the
complaint shall be provided the employer | ||||||
19 | or his or her agent by the
Director of Labor or his or her | ||||||
20 | authorized representative at the
time of inspection, except | ||||||
21 | that, upon the request of the person making
such complaint, his | ||||||
22 | name and the name of individual employees referred
to therein, | ||||||
23 | shall not appear in such copy or on any record published,
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24 | released, or made available by the Director of Labor or his or | ||||||
25 | her authorized
representative. | ||||||
26 | (e) Nonformal complaints shall be handled by an authorized | ||||||
27 | representative of the Director of Labor and, based upon the | ||||||
28 | severity and legitimacy of the complaint, the authorized | ||||||
29 | representative of the Director of Labor shall either schedule a | ||||||
30 | complaint inspection or issue a letter to the public employer | ||||||
31 | stating the concern.
If upon receipt of such complaint, the | ||||||
32 | Director of Labor
or his or her authorized representative | ||||||
33 | determines there are reasonable grounds
to believe that such | ||||||
34 | violation or danger exists, he or she shall make a special
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35 | inspection of the workplace in accordance with the provisions | ||||||
36 | of this
Act as soon as practicable, to determine if such |
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1 | violation or danger
exists. If the Director of Labor or his or | ||||||
2 | her authorized representative
determines there are no | ||||||
3 | reasonable grounds to believe that a violation
or danger | ||||||
4 | exists, he or she shall notify the employees or representatives
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5 | of the employees in writing of such determination.
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6 | (c) Any person who shall give advance notice of any | ||||||
7 | inspection to be
conducted under the authority of this Act | ||||||
8 | without authority from the
Director of Labor, or his or her | ||||||
9 | authorized representative, upon conviction,
shall be guilty of | ||||||
10 | a Class B misdemeanor. | ||||||
11 | (Source: P.A. 86-820; 87-245.) | ||||||
12 | (820 ILCS 220/2.2 new)
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13 | Sec. 2.2. Discrimination prohibited. | ||||||
14 | (a) A person may not discharge or in any way discriminate | ||||||
15 | against any employee because the employee has filed a complaint | ||||||
16 | or instituted or caused to be instituted any proceeding under | ||||||
17 | or related to this Act or the Health and Safety Act or has | ||||||
18 | testified or is about to testify in any such proceeding or | ||||||
19 | because of the exercise by the employee on behalf of himself or | ||||||
20 | herself or others of any right afforded by this Act or the | ||||||
21 | Health and Safety Act. | ||||||
22 | (b) Any employee who believes that he or she has been | ||||||
23 | discharged or otherwise discriminated against by any person in | ||||||
24 | violation of this Section may, within 30 calendar days after | ||||||
25 | the violation occurs, file a complaint with the Director of | ||||||
26 | Labor alleging the discrimination. Upon request, the Director | ||||||
27 | of Labor shall withhold the name of the complainant from the | ||||||
28 | employer. Upon receipt of the complaint, the Director of Labor | ||||||
29 | shall cause such investigation to be made as the Director deems | ||||||
30 | appropriate. If, after the investigation, the Director of Labor | ||||||
31 | determines that the provisions of this Section have been | ||||||
32 | violated, the Director shall, within 120 days after receipt of | ||||||
33 | the complaint, bring an action in the circuit court for | ||||||
34 | appropriate relief, including rehiring or reinstatement of the | ||||||
35 | employee to his or her former position with back pay, after |
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1 | taking into account any interim earnings of the employee. | ||||||
2 | (c) Within 90 days of the receipt of a complaint filed | ||||||
3 | under this Section, the Director of Labor shall notify the | ||||||
4 | complainant of the Director's determination under subsection | ||||||
5 | (b) of this Section. | ||||||
6 | (820 ILCS 220/2.3 new) (from 820 ILCS 220/2, in part)
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7 | Sec. 2.3. Methods of compelling compliance. | ||||||
8 | (a) Citations.
(d) 1.
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9 | (1) If, upon inspection or investigation, the Director | ||||||
10 | of Labor
or his or her authorized representative believes | ||||||
11 | that an employer has violated
a requirement of Section 3 of
| ||||||
12 | the Health and Safety Act, or a standard,
rule, regulation | ||||||
13 | or order promulgated pursuant to this Act or the Health
and | ||||||
14 | Safety Act, he or she shall with reasonable promptness | ||||||
15 | issue a citation to
the employer. Each citation shall be in | ||||||
16 | writing; describe with
particularity the nature of the | ||||||
17 | violation and include a reference to the
provision of the | ||||||
18 | Act, standard, rule, regulation, or order alleged to
have | ||||||
19 | been violated; and fix a reasonable time for the abatement | ||||||
20 | of the
violation.
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21 | (2) The Director of Labor may prescribe procedures for | ||||||
22 | the issuance of a
notice of de minimis violations which | ||||||
23 | have no direct or immediate
relationship to safety or | ||||||
24 | health.
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25 | (3) Each citation issued under this Section, or a copy | ||||||
26 | or copies thereof, shall be prominently posted as | ||||||
27 | prescribed in regulations issued by the Director of Labor | ||||||
28 | at or near the place at which the violation occurred.
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29 | (4)
2. Citations shall be served on the employer, | ||||||
30 | owner, operator,
manager, or agent by delivering an exact | ||||||
31 | copy to the person upon whom
the service is to be had, or | ||||||
32 | by leaving a copy at his or her usual place of
business or | ||||||
33 | abode, or by sending a copy thereof by registered mail to
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34 | his place of business.
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35 | 3. Each citation issued under this Section, or a copy |
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1 | or copies
thereof, shall be prominently posted as | ||||||
2 | prescribed in regulations issued
by the Director of Labor | ||||||
3 | at or near the place the violation occurred.
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4 | (5)
4. No citation may be issued under this Section | ||||||
5 | after the expiration
of 6 months following the occurrence | ||||||
6 | of any violation.
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7 | (6)
5. If, after an inspection, the Director of Labor | ||||||
8 | issues a citation,
he or she shall within 5 days after the | ||||||
9 | issuance of the citation, notify
the employer by certified | ||||||
10 | mail of the penalty, if any, proposed to be
assessed for | ||||||
11 | the violation set forth in the citation.
| ||||||
12 | (7)
6. If the Director of Labor has reason to believe | ||||||
13 | that an employer
has failed to correct a violation for | ||||||
14 | which a citation has been issued
within the period | ||||||
15 | permitted for its correction, the Director of Labor
shall | ||||||
16 | notify the employer by certified mail of such failure and | ||||||
17 | of the
monetary penalty proposed to be assessed by reason | ||||||
18 | of such failure.
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19 | (8) The public entity may submit in writing data | ||||||
20 | relating to the abatement of a hazard to be considered by | ||||||
21 | an authorized representative of the Director of Labor. The | ||||||
22 | authorized representative of the Director of Labor shall | ||||||
23 | notify the interested parties if such data will be used to | ||||||
24 | modify an abatement order.
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25 | (b) Proposed violations.
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26 | (1) Civil penalties.
7. Civil penalties under | ||||||
27 | subparagraphs (A) through (E)
paragraphs A., B., C. and D.
| ||||||
28 | may be
assessed by the Director of Labor as part of the | ||||||
29 | citation procedure as
follows:
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30 | (A) Any public employer who repeatedly violates | ||||||
31 | the requirements of the Health and Safety Act or any | ||||||
32 | standard, or rule, or order pursuant to that Act and | ||||||
33 | this Act may be assessed a civil penalty of not more | ||||||
34 | than $10,000.
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35 | A. Any employer who has received a citation for | ||||||
36 | violations of any
standard, or rule, or order not of a |
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1 | serious nature may be assessed a
civil penalty of up to | ||||||
2 | $1,000 for each such violation.
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3 | (B)
B. Any employer who has received a citation for | ||||||
4 | a serious violation
of the requirements of Section 3 of
| ||||||
5 | the Health and Safety Act or any
standard, or rule, or | ||||||
6 | order pursuant to that Act and this Act shall be
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7 | assessed a civil penalty up to $1,000 for each such | ||||||
8 | violation.
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9 | For purposes of this Section, a serious violation | ||||||
10 | shall be deemed to exist in a place of employment if | ||||||
11 | there is a substantial probability that death or | ||||||
12 | serious physical harm could result from a condition | ||||||
13 | which exists, or from one or more practices, means, | ||||||
14 | methods, operations, or processes which have been | ||||||
15 | adopted or are in use in such place of employment | ||||||
16 | unless the employer did not know and could not, with | ||||||
17 | the exercise of reasonable diligence, have known of the | ||||||
18 | presence of the violation as specifically determined. | ||||||
19 | (C) Any public employer who has received a citation | ||||||
20 | for violations of any standard, or rule, or order not | ||||||
21 | of a serious nature may be assessed a civil penalty of | ||||||
22 | up to $1,000 for each such violation.
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23 | (D)
C. Any public employer who fails to correct a | ||||||
24 | violation for which a
citation has been issued within | ||||||
25 | the period permitted may be assessed a
civil penalty of | ||||||
26 | up to $1,000 for each day the violation continues.
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27 | (E) Any public employer who intentionally violates | ||||||
28 | the requirements of the Health and Safety Act or any | ||||||
29 | standard, or rule, or order pursuant to this Act or | ||||||
30 | demonstrates plain indifference to its requirements | ||||||
31 | shall be issued a willful violation and may be assessed | ||||||
32 | a civil penalty of not more than $10,000. | ||||||
33 | (2) Criminal penalty. Any public employer who | ||||||
34 | willfully violates any standard, rule, or order is guilty | ||||||
35 | of a Class 4 felony if that violation causes death to any | ||||||
36 | employee. |
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1 | (3) Assessment and reduction of penalties. Any penalty | ||||||
2 | may be reduced by the Director of Labor or the Director's | ||||||
3 | authorized representative by as much as 95% depending upon | ||||||
4 | the public employer's "good faith", "size of business", and | ||||||
5 | "history of previous violations". Up to 60% reduction is | ||||||
6 | permitted for size, up to 25% reduction is permitted for | ||||||
7 | good faith, and up to 10% reduction is permitted for | ||||||
8 | history.
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9 | D. Any employer who willfully or repeatedly violates the
| ||||||
10 | requirements of Section 3 of the Health and Safety Act or any | ||||||
11 | standard,
or rule, or order pursuant to that Act and this Act | ||||||
12 | may be assessed a
civil penalty of not more than $10,000.
| ||||||
13 | For purposes of this Section, a serious violation shall be | ||||||
14 | deemed to
exist in a place of employment if there is a | ||||||
15 | substantial probability
that death or serious physical harm | ||||||
16 | could result from a condition which
exists, or from one or more | ||||||
17 | practices, means, methods, operations, or
processes which have | ||||||
18 | been adopted or are in use in such place of
employment unless | ||||||
19 | the employer did not know and could not, with the
exercise of | ||||||
20 | reasonable diligence, have known of the presence of the
| ||||||
21 | violation as specifically determined.
| ||||||
22 | (Source: P.A. 86-820; 87-245.) | ||||||
23 | (820 ILCS 220/2.4 new) (from 820 ILCS 220/2, in part)
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24 | Sec. 2.4. Contested cases. | ||||||
25 | (a)
8. An employer, firm or corporation, or an agent, | ||||||
26 | manager or
superintendent or a person for himself or herself or | ||||||
27 | for other
such person, firm or corporation, after receiving a | ||||||
28 | citation, a proposed
assessment of penalty, or a notification | ||||||
29 | of failure to correct violation
from the Director of Labor or | ||||||
30 | his or her authorized agent that he or she is
in violation of | ||||||
31 | this Act, or of any occupational safety or health standard
or | ||||||
32 | rule, may within 15 working days from receipt of the notice of | ||||||
33 | citation
or penalty request in writing a hearing before the | ||||||
34 | Director for an appeal
from the citation order, notice of | ||||||
35 | penalty, or abatement period.
|
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1 | (b) Any employee or representative of an employee may | ||||||
2 | within 15 working days
of the issuance of a citation file a | ||||||
3 | request in writing for a hearing
before the Director for an | ||||||
4 | appeal from the citation on the
ground that the period of time | ||||||
5 | fixed in the citation for the abatement
of the violation is | ||||||
6 | unreasonable.
| ||||||
7 | (c)(1) The Director shall schedule a hearing within 15 | ||||||
8 | calendar days after
receipt of such request for an appeal from | ||||||
9 | the citation order and shall
notify all interested parties of | ||||||
10 | such hearing. Such hearing shall be held
no later than 45 | ||||||
11 | calendar days after the date of receipt of such appeal
request.
| ||||||
12 | (2) The Director shall afford a hearing to the employer or | ||||||
13 | his or her
representatives, at which hearing the employer shall | ||||||
14 | state his or her
objections to such citation and provide | ||||||
15 | evidence why such citation shall
not stand as entered. The | ||||||
16 | Director of Labor or his or her representative
shall be given | ||||||
17 | the opportunity to state his or her reasons for entering
such | ||||||
18 | violation citation. Affected employees shall be provided an
| ||||||
19 | opportunity to participate as parties to hearings under the | ||||||
20 | rules of
procedure prescribed by the Director.
| ||||||
21 | (3) The Director, in consideration of the evidence | ||||||
22 | presented
at the formal hearing, shall in accordance with his | ||||||
23 | rules enter a final decision
and order no later than 15 | ||||||
24 | calendar days after such hearing affirming,
modifying or | ||||||
25 | vacating the Director's citation or proposed penalty, or
| ||||||
26 | directing other appropriate relief.
| ||||||
27 | (4) An informal review may be conducted by an authorized | ||||||
28 | representative of the Director of Labor who is authorized to | ||||||
29 | change abatement dates, to reclassify violations (such as | ||||||
30 | willful to serious, serious to other-than-serious), and to | ||||||
31 | modify or withdraw a penalty, a citation, or a citation item if | ||||||
32 | the employer presents evidence during the informal conference | ||||||
33 | which convinces the authorized representative of the Director | ||||||
34 | of Labor that the changes are justified.
| ||||||
35 | (5) Appeal.
| ||||||
36 | (A) Any party adversely affected by a final violation |
| |||||||
| |||||||
1 | order or determination
of the Director may obtain judicial | ||||||
2 | review by filing a complaint for review
within 35 days | ||||||
3 | after the entry of the order or other final action
| ||||||
4 | complained of, pursuant to the provisions of the | ||||||
5 | Administrative Review Law,
all amendments and | ||||||
6 | modifications thereof, and the rules adopted pursuant
| ||||||
7 | thereto.
| ||||||
8 | (B) If no appeal is taken within 35 days the order of | ||||||
9 | the Director shall
become final.
| ||||||
10 | (C) Judicial reviews filed under this Section shall be | ||||||
11 | heard
expeditiously.
| ||||||
12 | (6) The Director of Labor has the power: | ||||||
13 | (A) To issue subpoenas for and compel the attendance of | ||||||
14 | witnesses and the production of pertinent books, papers, | ||||||
15 | documents or other evidence. | ||||||
16 | (B) To hear testimony and receive evidence and to take | ||||||
17 | or cause to be taken, depositions of witnesses residing | ||||||
18 | within or without this State in the manner prescribed by | ||||||
19 | law for depositions in civil cases in the circuit court. | ||||||
20 | Subpoenas and commissions to take testimony shall be under | ||||||
21 | seal of the Director of Labor. | ||||||
22 | Service of subpoenas may be made by any sheriff or any | ||||||
23 | other person. The circuit court for the county where any | ||||||
24 | hearing is pending, upon application of the Director of Labor, | ||||||
25 | may, in the court's discretion, compel the attendance of | ||||||
26 | witnesses, the production of pertinent books, papers, records, | ||||||
27 | or documents and the giving of testimony before the Director of | ||||||
28 | Labor by an attachment proceeding, as for contempt, in the same | ||||||
29 | manner as the production of evidence may be compelled before | ||||||
30 | the court.
| ||||||
31 | 9. A. No person shall discharge or in any way discriminate | ||||||
32 | against
any employee because such employee has filed a | ||||||
33 | complaint or instituted
or caused to be instituted any | ||||||
34 | proceeding under or related to this Act
or the Health and | ||||||
35 | Safety Act or has testified or is about to testify in
any such | ||||||
36 | proceeding or because of the exercise by such employee on |
| |||||||
| |||||||
1 | behalf
of himself or herself or others of any right afforded by | ||||||
2 | this Act or the
Health and Safety Act.
| ||||||
3 | B. Any employee who believes that he or she has been | ||||||
4 | discharged or
otherwise discriminated against by any person in | ||||||
5 | violation of this
Section may, within 30 calendar days after | ||||||
6 | such violation occurs, file a
complaint with the Director of | ||||||
7 | Labor alleging such discrimination. Upon
request, the Director | ||||||
8 | of Labor shall withhold the name of the
complainant from the | ||||||
9 | employer. Upon receipt of such complaint, the
Director of Labor | ||||||
10 | shall cause such investigation to be made as he or she deems
| ||||||
11 | appropriate. If after such investigation, the Director of Labor
| ||||||
12 | determines that the provisions of this Section have been | ||||||
13 | violated, he or she
shall, within 120 days after receipt of the | ||||||
14 | complaint, bring
an action in the circuit court for appropriate | ||||||
15 | relief, including
rehiring, or reinstatement of the employee to | ||||||
16 | his or her former position with
back pay, after taking into | ||||||
17 | account any interim earnings of the employee.
| ||||||
18 | C. Within 90 days of the receipt of a complaint filed under | ||||||
19 | this
Section the Director of Labor shall notify the complainant | ||||||
20 | of his or her
determination under subparagraph 9B. of this | ||||||
21 | Section.
| ||||||
22 | (e) Whenever the Director is of the opinion that imminent | ||||||
23 | danger
exists in the working conditions of any employee in this | ||||||
24 | State, which
condition can reasonably be expected to cause | ||||||
25 | death or serious physical
harm, the Director may file a | ||||||
26 | complaint in the circuit court for
appropriate relief against | ||||||
27 | an employer and employee, including an order
directing the | ||||||
28 | employer or employee to cease and desist from the practice
| ||||||
29 | creating the imminent danger.
| ||||||
30 | Whenever and as soon as an inspector concludes that an | ||||||
31 | imminent
danger exists in any place of employment, he or she | ||||||
32 | shall inform the affected
employees or their authorized | ||||||
33 | representatives and employers of the
danger and that he or she | ||||||
34 | is recommending to the Director of Labor that relief
be sought.
| ||||||
35 | If the Director of Labor arbitrarily or capriciously fails | ||||||
36 | to seek
relief under this Section, any employee who may be |
| |||||||
| |||||||
1 | injured by reason of
such failure, or the representative of | ||||||
2 | such employees, may bring an
action against the Director of | ||||||
3 | Labor in the circuit court for the
circuit in which the | ||||||
4 | imminent danger is alleged to exist or the employer
has his or | ||||||
5 | her principal office, for relief by mandamus to compel the
| ||||||
6 | Director of Labor to seek such an order and for such further | ||||||
7 | relief as
may be appropriate.
| ||||||
8 | (Source: P.A. 86-820; 87-245.) | ||||||
9 | (820 ILCS 220/2.5 new)
| ||||||
10 | Sec. 2.5. Employee access to information. | ||||||
11 | (a) The Director of Labor shall issue regulations requiring | ||||||
12 | employers to maintain accurate records of employee exposures to | ||||||
13 | potentially toxic materials or harmful physical agents which | ||||||
14 | are required to be monitored or measured under the Health and | ||||||
15 | Safety Act. | ||||||
16 | (1) The regulations shall provide employees or their | ||||||
17 | representatives with an opportunity to observe such | ||||||
18 | monitoring or measuring, and to have access to the records | ||||||
19 | thereof. | ||||||
20 | (2) The regulations shall also make appropriate | ||||||
21 | provisions for each employee or former employee to have | ||||||
22 | access to such records as will indicate his or her own | ||||||
23 | exposure to toxic materials or harmful physical agents. | ||||||
24 | (3) Each employer shall promptly notify any employee | ||||||
25 | who has been or is being exposed to toxic materials or | ||||||
26 | harmful physical agents in concentrations or at levels | ||||||
27 | which exceed those prescribed by an occupational safety and | ||||||
28 | health standard and shall inform any employee who is being | ||||||
29 | thus exposed of the corrective action being taken. | ||||||
30 | (b) The Director of Labor shall also issue regulations | ||||||
31 | requiring that employers, through posting of notices or other | ||||||
32 | appropriate means, keep their employees informed of their | ||||||
33 | protections and obligations under these Acts, including the | ||||||
34 | provisions of applicable standards. |
| |||||||
| |||||||
1 | (820 ILCS 220/2.6 new)
| ||||||
2 | Sec. 2.6. Other prohibited actions and sanctions. | ||||||
3 | (a) Advance notice. A person who gives advance notice of | ||||||
4 | any inspection to be conducted under the authority of this Act | ||||||
5 | without authority from the Director of Labor, or his or her | ||||||
6 | authorized representative, commits a Class B misdemeanor. | ||||||
7 | (b) False statements. A person who knowingly makes a false | ||||||
8 | statement, representation, or certification in any | ||||||
9 | application, record, report, plan, or other document required | ||||||
10 | pursuant to this Act commits a Class 4 felony. | ||||||
11 | (c) Violation of posting requirements. A public employer | ||||||
12 | who violates any of the required posting requirements is | ||||||
13 | subject to the following citations and proposed penalty | ||||||
14 | structure: | ||||||
15 | (1) Job Safety & Health Poster: an other-than-serious | ||||||
16 | citation with a proposed penalty of $1,000. | ||||||
17 | (2) Annual Summary of Injuries/Illnesses: an | ||||||
18 | other-than-serious citation and a proposed penalty of | ||||||
19 | $1,000 even if there are no recordable injuries or | ||||||
20 | illnesses. | ||||||
21 | (3) Citation: an other-than-serious citation and a | ||||||
22 | proposed penalty of $1,000. | ||||||
23 | (d) All information reported to or otherwise obtained by | ||||||
24 | the Director of Labor or the Director's authorized | ||||||
25 | representative in connection with any inspection or proceeding | ||||||
26 | under this Act or the Health and Safety Act which contains or | ||||||
27 | might reveal a trade secret shall be considered confidential, | ||||||
28 | except that such information may be disclosed confidentially to | ||||||
29 | other officers or employees concerned with carrying out this | ||||||
30 | Act or the Health and Safety Act or when relevant to any | ||||||
31 | proceeding under this Act. In any such proceeding, the Director | ||||||
32 | of Labor or the court shall issue such orders as may be | ||||||
33 | appropriate, including the impoundment of files or portions of | ||||||
34 | files, to protect the confidentiality of trade secrets.
A | ||||||
35 | person who violates the confidentiality of trade secrets | ||||||
36 | commits a Class B misdemeanor. |
| |||||||
| |||||||
1 | (820 ILCS 220/2.7 new)
| ||||||
2 | Sec. 2.7. Inspection scheduling system. | ||||||
3 | (a) In general, the priority of accomplishment and | ||||||
4 | assignment of staff resources for inspection categories shall | ||||||
5 | be as follows: | ||||||
6 | (1) Imminent Danger. | ||||||
7 | (2) Fatality/Catastrophe Investigations. | ||||||
8 | (3) Complaints/Referrals Investigation. | ||||||
9 | (4) Programmed Inspections - general, advisory, | ||||||
10 | monitoring and follow-up. | ||||||
11 | (b) The priority for assignment of staff resources for | ||||||
12 | hazard categories shall be the responsibility of an authorized | ||||||
13 | representative of the Director of Labor based upon the | ||||||
14 | inspection category, the type of hazard, the perceived severity | ||||||
15 | of hazard, and the availability of resources. | ||||||
16 | (820 ILCS 220/2.8 new) (from 820 ILCS 220/2, in part)
| ||||||
17 | Sec. 2.8. Voluntary compliance program. | ||||||
18 | (f) The Department through the employees of the Division | ||||||
19 | shall
foster and promote safety practices. | ||||||
20 | (a)
(g) The Department shall encourage employers and | ||||||
21 | organizations and
groups of employees to institute and maintain | ||||||
22 | safety education programs
for employees and promote the | ||||||
23 | observation of safety practices. | ||||||
24 | (b) The Department shall provide and conduct qualified and | ||||||
25 | quality educational programs specifically designed to meet the | ||||||
26 | regulatory requirements and the needs of the public employer. | ||||||
27 | (c) The educational programs and advisory inspections | ||||||
28 | shall be scheduled secondary to the unprogrammed inspections by | ||||||
29 | priority. | ||||||
30 | (d) Regular public information programs shall be conducted | ||||||
31 | to inform the public employers of changes to the regulations or | ||||||
32 | updates as necessary. | ||||||
33 | (e) The Department shall provide support services for any | ||||||
34 | public employer who needs assistance with the public employer's |
| |||||||
| |||||||
1 | self-inspection programs.
The
Department may furnish safety | ||||||
2 | education material and literature and may
advise and cooperate | ||||||
3 | with employers and organizations and groups of
employees in the | ||||||
4 | conduct of safety education programs and in the
observation of | ||||||
5 | safety practices. The Department shall through the
Division | ||||||
6 | enforce the provisions of this Act, and any other law relating
| ||||||
7 | to the inspection of places of employment in the State. | ||||||
8 | (Source: P.A. 86-820; 87-245.) | ||||||
9 | (820 ILCS 220/2.9 new)
| ||||||
10 | Sec. 2.9. Laboratory services. The Department shall enlist | ||||||
11 | the services of certified laboratories to provide analysis and | ||||||
12 | interpretation of results via contractual services. | ||||||
13 | (820 ILCS 220/2.10 new) (from 820 ILCS 220/2, in part)
| ||||||
14 | Sec. 2.10. Adoption of rules; designation of personnel to | ||||||
15 | hear evidence in
disputed matters. | ||||||
16 | (a) The Director of Labor shall adopt such rules and | ||||||
17 | regulations as he or she
may deem necessary to implement the | ||||||
18 | provisions of this Act, including,
but not limited to, rules | ||||||
19 | and regulations dealing with: (1) the inspection
of an | ||||||
20 | employer's establishment and (2) the designation of proper | ||||||
21 | parties,
pleadings, notice, discovery, the issuance of | ||||||
22 | subpoenas, transcripts, and
oral argument.
| ||||||
23 | All information reported to or otherwise obtained by the | ||||||
24 | Director of
Labor or his or her authorized representative in | ||||||
25 | connection with any
inspection or proceeding under this Act or | ||||||
26 | the Health and Safety Act, which
contains or might reveal a | ||||||
27 | trade secret shall be considered confidential,
except that such | ||||||
28 | information may be disclosed confidentially to other
officers | ||||||
29 | or employees concerned with carrying out this Act or the Health
| ||||||
30 | and Safety Act or when relevant to any proceeding under this | ||||||
31 | Act. In any
such proceeding, the Director of Labor or the court | ||||||
32 | shall issue such orders
as may be appropriate, including the | ||||||
33 | impoundment of files, or portions of
files, to protect the | ||||||
34 | confidentiality of trade secrets.
|
| |||||||
| |||||||
1 | Any person who shall violate the confidentiality of trade | ||||||
2 | secrets
shall be guilty of a Class B misdemeanor.
| ||||||
3 | (b) The Director of Labor may designate personnel to hear | ||||||
4 | evidence in
disputed matters.
| ||||||
5 | (h) Any employer who willfully violates any standard, rule | ||||||
6 | or
order, if that violation caused death to any employee,
shall | ||||||
7 | be guilty of a Class 4 felony.
| ||||||
8 | (i) Whoever knowingly makes a false statement, | ||||||
9 | representation, or
certification in any application, record, | ||||||
10 | report, plan or other document
required pursuant to this Act, | ||||||
11 | shall be guilty of a Class 4 felony.
| ||||||
12 | (j) The Director of Labor shall also issue regulations | ||||||
13 | requiring
that employers, through posting of notices or other | ||||||
14 | appropriate means,
keep their employees informed of their | ||||||
15 | protections and obligations under
these Acts, including the | ||||||
16 | provisions of applicable standards.
| ||||||
17 | (k) The Director of Labor shall issue regulations requiring | ||||||
18 | employers to
maintain accurate records of employee exposures to | ||||||
19 | potentially toxic
material or harmful physical agents which are | ||||||
20 | required to be monitored or
measured under the Health and | ||||||
21 | Safety Act. Such regulations shall provide
employees or their | ||||||
22 | representatives with an opportunity to observe such
monitoring | ||||||
23 | or measuring, and to have access to the records thereof. Such
| ||||||
24 | regulations shall also make appropriate provisions for each | ||||||
25 | employee or
former employee to have access to such records as | ||||||
26 | will indicate his or her
own exposure to toxic materials or | ||||||
27 | harmful physical agents. Each employer
shall promptly notify | ||||||
28 | any employee who has been or is being exposed to
toxic | ||||||
29 | materials or harmful physical agents in concentrations or at | ||||||
30 | levels
which exceed those prescribed by an Illinois | ||||||
31 | occupational safety and health
standard and shall inform any | ||||||
32 | employee who is being thus exposed of the
corrective action | ||||||
33 | being taken. | ||||||
34 | (Source: P.A. 86-820; 87-245.)
| ||||||
35 | Section 10. The Health and Safety Act is amended by |
| |||||||
| |||||||
1 | changing Section 2 and changing and resectioning Section 4 as | ||||||
2 | follows:
| ||||||
3 | (820 ILCS 225/2) (from Ch. 48, par. 137.2)
| ||||||
4 | Sec. 2.
| ||||||
5 | This Act shall apply to all public employers engaged in any | ||||||
6 | occupation,
business or enterprise in this State, and their | ||||||
7 | employees, including the
State of Illinois and its employees | ||||||
8 | and all political subdivisions and its
employees, except that | ||||||
9 | nothing in this Act shall apply to working
conditions of | ||||||
10 | employees with respect to which Federal agencies, and State
| ||||||
11 | agencies acting under Section 274 of the Atomic Energy Act of | ||||||
12 | 1954, as
amended (42 U.S.C. 2021), exercise statutory authority | ||||||
13 | to prescribe or
enforce standards or regulations affecting | ||||||
14 | occupational safety and health.
Any regulations in excess of | ||||||
15 | applicable Federal standards shall, before
being promulgated, | ||||||
16 | be the subject of hearings as required by this Act.
| ||||||
17 | (Source: P.A. 78-867.)
| ||||||
18 | (820 ILCS 225/4) (from 820 ILCS 225/4, in part)
| ||||||
19 | Sec. 4. Records and reports;
work-related deaths, | ||||||
20 | injuries, and illnesses.
| ||||||
21 | (a) The Director shall prescribe rules requiring
employers | ||||||
22 | to maintain accurate records of, and to make reports on,
| ||||||
23 | work-related deaths, injuries and illnesses, other than minor | ||||||
24 | injuries
requiring only first aid treatment which do not | ||||||
25 | involve medical
treatment, loss of consciousness, restriction | ||||||
26 | of work or motion, or
transfer to another job. Such rules shall | ||||||
27 | specifically include all of
the reporting provisions of Section | ||||||
28 | 6 of the Workers' Compensation Act
and Section 6 of the | ||||||
29 | Workers' Occupational Diseases Act.
| ||||||
30 | (b) Such records shall be available to any State agency | ||||||
31 | requiring such
information.
| ||||||
32 | (c) All reports filed hereunder shall be confidential and | ||||||
33 | any person
having access to such records filed with the | ||||||
34 | Director as
herein required, who shall release any information |
| |||||||
| |||||||
1 | therein contained
including the names or otherwise identify any | ||||||
2 | persons sustaining
injuries or disabilities, or give access to | ||||||
3 | such information to any
unauthorized person, shall be subject | ||||||
4 | to discipline or discharge, and in
addition shall be guilty of | ||||||
5 | a Class B misdemeanor.
| ||||||
6 | (Source: P.A. 87-245.)
| ||||||
7 | (820 ILCS 225/4.1 new) (from 820 ILCS 225/4, in part)
| ||||||
8 | Sec. 4.1. Adoption of federal safety and health standards | ||||||
9 | as rules. | ||||||
10 | (a)
(d) All federal occupational safety and health | ||||||
11 | standards which the
United States Secretary of Labor has | ||||||
12 | heretofore promulgated, modified or
revoked in accordance with | ||||||
13 | the Federal Occupational Safety and Health
Act of 1970, shall | ||||||
14 | be and are hereby made rules of the Director unless the
| ||||||
15 | Director shall make, promulgate, and publish an alternate rule | ||||||
16 | at least as
effective in providing safe and healthful | ||||||
17 | employment and places of
employment as a federal standard. | ||||||
18 | Prior to the development and promulgation of alternate | ||||||
19 | standards or the modification or revocation of existing | ||||||
20 | standards, the Director must consider factual information | ||||||
21 | including: | ||||||
22 | (1) Expert technical knowledge. | ||||||
23 | (2) Input from interested persons including employers, | ||||||
24 | employees, recognized standards-producing organizations, | ||||||
25 | and the public.
| ||||||
26 | (b) All federal occupational safety and health standards | ||||||
27 | which the United
States Secretary of Labor shall hereafter | ||||||
28 | promulgate, modify or revoke
in accordance with the Federal | ||||||
29 | Occupational Safety and Health Act of
1970 shall become the | ||||||
30 | rules of the Department 6 months
60 days after
their federal | ||||||
31 | effective date, unless there shall have been in effect in
this | ||||||
32 | State at the time of the promulgation, modification or | ||||||
33 | revocation
of such rule an alternate State rule at least as | ||||||
34 | effective in providing
safe and healthful employment and places | ||||||
35 | of employment as a federal
standard. However, such rule shall |
| |||||||
| |||||||
1 | not become effective until the
following requirements have been | ||||||
2 | met:
| ||||||
3 | (1) The Department shall within 45 days after the | ||||||
4 | federal
effective date of such rule, publish in the | ||||||
5 | "Illinois Occupational
Safety and Health Bulletin" the | ||||||
6 | provisions of such rule and in addition
thereto shall file | ||||||
7 | with the office of the Secretary of State in
Springfield, | ||||||
8 | Illinois, a certified copy of such rule as provided in "The
| ||||||
9 | Illinois Administrative Procedure Act", approved August | ||||||
10 | 22, 1975, as
amended; or
| ||||||
11 | (2) In the event of the Department's failure to publish
| ||||||
12 | or file a certified copy with the Secretary of State, any | ||||||
13 | resident of
the State of Illinois may upon 5 days written | ||||||
14 | notice to the Director
publish such rule in one or more | ||||||
15 | newspapers of general circulation and
file a certified copy | ||||||
16 | thereof with the office of the Secretary of State
in | ||||||
17 | Springfield, Illinois, whereupon such rule shall become | ||||||
18 | effective
provided that in no event shall such effective | ||||||
19 | date be less than 60 days
after the federal effective date.
| ||||||
20 | (c) The Director of Labor may promulgate emergency | ||||||
21 | temporary standards or rules to take effect immediately by | ||||||
22 | filing such rule or rules with the Illinois Secretary of State | ||||||
23 | providing that the Director of Labor shall first expressly | ||||||
24 | determine: | ||||||
25 | (1) that the employees are exposed to grave danger from | ||||||
26 | exposure to substances or agents determined to be toxic or | ||||||
27 | physically harmful or from new hazards; and | ||||||
28 | (2) that such emergency standard is necessary to | ||||||
29 | protect employees from such danger. | ||||||
30 | The Director of Labor shall adopt emergency temporary | ||||||
31 | standards promulgated by the federal Occupational Safety and | ||||||
32 | Health Administration within 30 days of federal notice.
Such | ||||||
33 | temporary emergency standards shall be effective until | ||||||
34 | superseded by a permanent standard but in no event for more | ||||||
35 | than 6 months from the date of its publication.
The publication | ||||||
36 | of such temporary emergency standards shall be deemed to be a |
| |||||||
| |||||||
1 | petition to the Director of Labor for the promulgation of a | ||||||
2 | permanent standard and shall be deemed to be filed with the | ||||||
3 | Director of Labor on the date of its publication and the | ||||||
4 | proceeding for the permanent promulgation of the rule shall be | ||||||
5 | pursued in accordance with the provisions of this Act. | ||||||
6 | (d)(1) Any standard promulgated under this Act shall | ||||||
7 | prescribe the use of labels or other appropriate forms of | ||||||
8 | warning as are necessary to ensure that employees are apprised | ||||||
9 | of all hazards to which they are exposed, relevant symptoms and | ||||||
10 | appropriate emergency treatment, and proper conditions and | ||||||
11 | precautions of safe use or exposure. | ||||||
12 | (2) Where appropriate, such standard shall also prescribe | ||||||
13 | suitable protective equipment and control or technological | ||||||
14 | procedures to be used in connection with such hazards and shall | ||||||
15 | provide for monitoring or measuring employee exposure at such | ||||||
16 | locations and intervals, and in such manner as may be necessary | ||||||
17 | for the protection of employees. | ||||||
18 | (3) In addition, where appropriate, any such standard shall | ||||||
19 | prescribe the type and frequency of medical examinations or | ||||||
20 | other tests which shall be made available, by the employer or | ||||||
21 | at the employer's cost, to employees exposed to such hazards in | ||||||
22 | order to most effectively determine whether the health of such | ||||||
23 | employees is adversely affected by such exposure. The results | ||||||
24 | of such examinations or tests shall be furnished by the | ||||||
25 | employer only to the Department of Labor, or at the direction | ||||||
26 | of the Department to authorized medical personnel and at the | ||||||
27 | request of the employee to the employee's physician. | ||||||
28 | (4) The Director of Labor, in promulgating standards | ||||||
29 | dealing with toxic materials or harmful physical agents under | ||||||
30 | this subsection, shall set the standard which most adequately | ||||||
31 | ensures, to the extent feasible, on the basis of the best | ||||||
32 | available evidence, that no employee will suffer material | ||||||
33 | impairment of health or functional capacity even if such | ||||||
34 | employee has regular exposure to the hazard dealt with by such | ||||||
35 | standard for the period of the employee's working life. | ||||||
36 | (5) Development of standards under this subsection shall be |
| |||||||
| |||||||
1 | based upon research, demonstrations, experiments, and such | ||||||
2 | other information as may be appropriate. In addition to the | ||||||
3 | attainment of the highest degree of health and safety | ||||||
4 | protection for the employee, other considerations shall be the | ||||||
5 | latest available scientific data in the field, the feasibility | ||||||
6 | of the standards, and experience gained under this and other | ||||||
7 | health and safety laws. Whenever practicable, the standard | ||||||
8 | promulgated shall be expressed in terms of objective criteria | ||||||
9 | and of the performance desired.
| ||||||
10 | (Source: P.A. 87-245.) | ||||||
11 | (820 ILCS 225/4.2 new) (from 820 ILCS 225/4, in part)
| ||||||
12 | Sec. 4.2. Variances. | ||||||
13 | (a) The Director of Labor has the authority to grant either | ||||||
14 | temporary or permanent variances from any of the State | ||||||
15 | standards upon application by a public employer. Any variance | ||||||
16 | from a State health and safety standard may have only future | ||||||
17 | effect.
| ||||||
18 | (b)
(e) Any public employer may apply to the
Director of | ||||||
19 | Labor for a temporary order granting a variance from a
standard | ||||||
20 | or any provision thereof promulgated under this Act. | ||||||
21 | (1) Such
temporary order shall be granted only if the | ||||||
22 | employer files an
application which meets the requirements | ||||||
23 | of paragraph (1) of this subsection
(b)
(e) and | ||||||
24 | establishes :
| ||||||
25 | (A) that he is unable to comply
with a standard by | ||||||
26 | its effective date because of unavailability of
| ||||||
27 | professional or technical personnel or of materials | ||||||
28 | and equipment needed
to come into compliance with the | ||||||
29 | standard or because necessary
construction or | ||||||
30 | alteration of facilities cannot be completed by the
| ||||||
31 | effective date; | ||||||
32 | (B) that he is taking all available steps to | ||||||
33 | safeguard his
employees against the hazards covered by | ||||||
34 | the standard; and | ||||||
35 | (C) that he has
an effective program for coming |
| |||||||
| |||||||
1 | into compliance with a standard as
quickly as | ||||||
2 | practicable. | ||||||
3 | Any temporary order issued under this Section
shall | ||||||
4 | prescribe the practices, means, methods, operations and | ||||||
5 | processes
which the employer must adopt and use while the | ||||||
6 | order is in effect and
state in detail his program for | ||||||
7 | coming into compliance with the
standard. | ||||||
8 | (2) Such a temporary order may be granted only after | ||||||
9 | notice to
employees and an opportunity for a hearing. | ||||||
10 | However, in cases involving
only documentary evidence in | ||||||
11 | support of the application for a temporary
variance and in | ||||||
12 | which no objection is made or hearing requested by the
| ||||||
13 | employees or their representative, the Director of Labor | ||||||
14 | may issue a
temporary variance in accordance with this Act. | ||||||
15 | (3) In the event the
application is contested or a | ||||||
16 | hearing requested, the application shall
be heard and | ||||||
17 | determined by the Director. | ||||||
18 | (4) No order for a
temporary variance may be in effect | ||||||
19 | for longer than the period needed by
the employer to | ||||||
20 | achieve compliance with the standard or one year,
whichever | ||||||
21 | is shorter, except that such an order may be renewed not | ||||||
22 | more
than twice, so long as the requirements of this | ||||||
23 | paragraph are met and if
an application for renewal is | ||||||
24 | filed at least 90 days prior to the
expiration date of the | ||||||
25 | order. No interim renewal of an order may remain in effect | ||||||
26 | for longer than 180 days.
| ||||||
27 | (5)
(1) An application for a temporary order as herein | ||||||
28 | provided shall
contain:
| ||||||
29 | (A)
a. a specification of the standard or portion | ||||||
30 | thereof from which the
employer seeks a variance;
| ||||||
31 | (B)
b. a representation by the employer, supported | ||||||
32 | by representations
from qualified persons having | ||||||
33 | first-hand knowledge of the facts
represented, that he | ||||||
34 | is unable to comply with a standard or portion
thereof | ||||||
35 | and a detailed statement of the reasons therefor;
| ||||||
36 | (C)
c. a statement of the steps he has taken and |
| |||||||
| |||||||
1 | will take (with
specific dates) to protect employees | ||||||
2 | against a hazard covered by the
standard;
| ||||||
3 | (D) a statement of when
d. the date by which he | ||||||
4 | expects to be able to comply with the standard and what
| ||||||
5 | steps he has taken and will take (with dates specified) | ||||||
6 | to comply with
the standard ; and
| ||||||
7 | (E)
e. a certification that he has informed his | ||||||
8 | employees of the
application by giving a copy thereof | ||||||
9 | to their authorized
representatives, posting a | ||||||
10 | statement summarizing the application and
specifying | ||||||
11 | where employees may examine a copy of such application.
| ||||||
12 | A description of how employees have been informed shall | ||||||
13 | be contained
in the certification. The information to | ||||||
14 | employees shall also inform
them of their right to petition | ||||||
15 | the Director for a hearing.
| ||||||
16 | (6)
(2) The Director of Labor is authorized to grant a | ||||||
17 | variance from
any standard or portion thereof whenever the | ||||||
18 | Director of Labor determines
that such variance is | ||||||
19 | necessary to permit an employer to participate in an
| ||||||
20 | experiment approved by the Director of Labor designed to | ||||||
21 | demonstrate or
validate new and improved techniques to | ||||||
22 | safeguard the health or safety of
workers.
| ||||||
23 | (c)
(f) Any affected employer may apply to the Director of | ||||||
24 | Labor for
a rule or order for a permanent variance other than a | ||||||
25 | temporary variance from a
standard promulgated under this Act. | ||||||
26 | Affected employees shall be given
notice of each such | ||||||
27 | application and an opportunity to participate in a
hearing. The | ||||||
28 | Director of Labor shall issue such rule or order if he
| ||||||
29 | determines on the record, after opportunity for an inspection | ||||||
30 | where
appropriate and a hearing, that the proponent of the | ||||||
31 | variance has
demonstrated by a preponderance of the evidence | ||||||
32 | that the conditions,
practices, means, methods, operations or | ||||||
33 | processes used or proposed to
be used by an employer will | ||||||
34 | provide employment and places of employment
to his employees | ||||||
35 | which are as safe and healthful as those which would
prevail if | ||||||
36 | he complied with the standard. The rule or order so issued
|
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| |||||||
1 | shall prescribe the conditions the employer must maintain, and | ||||||
2 | the
practices, means, methods, operations, and processes which | ||||||
3 | he must adopt
and utilize to the extent they differ from the | ||||||
4 | standard in question.
Such a rule or order may be modified or | ||||||
5 | revoked upon application by an
employer ,
or employees , or by
| ||||||
6 | the Director of Labor
on his own motion, in the manner | ||||||
7 | prescribed for its issuance under this
Section at any time | ||||||
8 | after 6 months from its issuance.
| ||||||
9 | (g) The Director of Labor may promulgate emergency | ||||||
10 | temporary
standards or rules to take effect immediately by | ||||||
11 | filing such rule or
rules with the Illinois Secretary of State | ||||||
12 | and publishing them in the
"Illinois Occupational Safety and | ||||||
13 | Health Bulletin" or if that is not
available, in one or more | ||||||
14 | newspapers of general circulation providing
that the Director | ||||||
15 | of Labor shall first expressly determine (1) that
the employees | ||||||
16 | are exposed to grave danger from exposure to substances or
| ||||||
17 | agents determined to be toxic or physically harmful or from new | ||||||
18 | hazards,
and (2) that such emergency standard is necessary to | ||||||
19 | protect employees
from such danger.
| ||||||
20 | Such temporary emergency standard shall be effective until | ||||||
21 | superseded
by a permanent standard but in no event for more | ||||||
22 | than 6 months from
the date of its publication.
| ||||||
23 | The publication of such temporary emergency standard shall | ||||||
24 | be deemed
to be a petition to the Director of Labor for the | ||||||
25 | promulgation of a
permanent standard and shall be deemed to be | ||||||
26 | filed with the Director of
Labor on the date of its publication | ||||||
27 | and the proceeding for the
permanent promulgation of the rule | ||||||
28 | shall be pursued in accordance with
the provisions of Section 7 | ||||||
29 | of this Act.
| ||||||
30 | (h) Any standard promulgated under this Act shall prescribe | ||||||
31 | the use
of labels or other appropriate forms of warning as are | ||||||
32 | necessary to
insure that employees are apprised of all hazards | ||||||
33 | to which they are
exposed, relevant symptoms and appropriate | ||||||
34 | emergency treatment, and
proper conditions and precautions of | ||||||
35 | safe use or exposure. Where
appropriate, such standard shall | ||||||
36 | also prescribe suitable protective
equipment and control or |
| |||||||
| |||||||
1 | technological procedures to be used in
connection with such | ||||||
2 | hazards and shall provide for a monitoring or
measuring | ||||||
3 | employee exposure at such locations and intervals, and in such
| ||||||
4 | manner as may be necessary for the protection of employees. In | ||||||
5 | addition,
where appropriate, any such standard shall prescribe | ||||||
6 | the type and
frequency of medical examinations or other tests | ||||||
7 | which shall be made
available, by the employer or at his cost, | ||||||
8 | to employees exposed to such
hazards in order to most | ||||||
9 | effectively determine whether the health of
such employees is | ||||||
10 | adversely affected by such exposure. The results of
such | ||||||
11 | examinations or tests shall be furnished by the employer only | ||||||
12 | to
the Department of Labor, or at the direction of the | ||||||
13 | Department to
authorized medical personnel and at the
request | ||||||
14 | of the employee to his physician. The Director of Labor, in
| ||||||
15 | promulgating standards dealing with toxic materials or harmful | ||||||
16 | physical
agents under this subsection, shall set the standard | ||||||
17 | which most
adequately assures, to the extent feasible, on the | ||||||
18 | basis of the best
available evidence, that no employee will | ||||||
19 | suffer material impairment of
health or functional capacity | ||||||
20 | even if such employee has regular exposure
to the hazard dealt | ||||||
21 | with by such standard for the period of his working
life. | ||||||
22 | Development of standards under this subsection shall be based | ||||||
23 | upon
research, demonstrations, experiments, and such other | ||||||
24 | information as may
be appropriate. In addition to the | ||||||
25 | attainment of the highest degree of
health and safety | ||||||
26 | protection for the employee, other considerations
shall be the | ||||||
27 | latest available scientific data in the field, the
feasibility | ||||||
28 | of the standards, and experience gained under this and other
| ||||||
29 | health and safety laws. Whenever practicable, the standard | ||||||
30 | promulgated
shall be expressed in terms of objective criteria | ||||||
31 | and of the performance
desired. | ||||||
32 | (Source: P.A. 87-245.)
|