|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning employment.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Safety Inspection and Education Act is | ||||||
5 | amended by changing Sections .02, 1, 2, 2.2, 2.3, 2.4, 2.5, | ||||||
6 | 2.6, 2.7, 2.8, 2.10, 8, 10, and 11 and by adding Section 12 as | ||||||
7 | follows:
| ||||||
8 | (820 ILCS 220/.02) (from Ch. 48, par. 59.02)
| ||||||
9 | Sec. .02. Definitions.
As used in this Act:
| ||||||
10 | "Department" means the Department of Labor.
| ||||||
11 | "Director" means the Director of Labor.
| ||||||
12 | "Division" means the Division of Safety Inspection and | ||||||
13 | Education of the Department of Labor.
| ||||||
14 | "Employee" means every person in the service of:
the State, | ||||||
15 | including members of the General Assembly, members of the | ||||||
16 | Illinois Commerce Commission, members of the Workers' | ||||||
17 | Compensation Commission, and all persons in the service of the | ||||||
18 | public universities and colleges in Illinois;
an Illinois | ||||||
19 | county, including deputy sheriffs and assistant State's | ||||||
20 | attorneys; or
an Illinois city, township, incorporated village | ||||||
21 | or school district, body politic, or municipal corporation;
| ||||||
22 | whether by election, under appointment or contract, or hire, | ||||||
23 | express or implied, oral or written. |
| |||||||
| |||||||
1 | "Public employer" or "employer" means the State of Illinois | ||||||
2 | and all political subdivisions.
| ||||||
3 | (Source: P.A. 94-477, eff. 1-1-06.)
| ||||||
4 | (820 ILCS 220/1) (from Ch. 48, par. 59.1)
| ||||||
5 | Sec. 1. For the purpose of assisting in the | ||||||
6 | administration of the provisions of
this Act, the Director of | ||||||
7 | Labor may authorize his representatives in the
Department of | ||||||
8 | Labor or other agencies or political subdivisions of the
State | ||||||
9 | of Illinois to perform any necessary inspections or | ||||||
10 | investigations.
The Department of Labor, hereinafter called | ||||||
11 | the Department, shall maintain
a division to be known as the | ||||||
12 | Division of Safety Inspection and Education,
hereinafter | ||||||
13 | called the Division.
| ||||||
14 | (Source: P.A. 78-868.)
| ||||||
15 | (820 ILCS 220/2) (from 820 ILCS 220/2, in part)
| ||||||
16 | Sec. 2. Powers and duties; inspections.
| ||||||
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.
| ||||||
23 | (b) The Director of Labor or his or her authorized | ||||||
24 | representatives upon
presenting appropriate credentials to the |
| |||||||
| |||||||
1 | owner, operator or agent in
charge is authorized to have the | ||||||
2 | right of entry and inspections of all
places of public
all
| ||||||
3 | employment in the State as follows:
| ||||||
4 | (1) To enter without delay and at reasonable times any | ||||||
5 | factory,
plant, establishment, construction site, or other | ||||||
6 | area, workplace or
environment where work is performed by | ||||||
7 | an employee of a public employer in
order to enforce such | ||||||
8 | occupational safety and health standards.
| ||||||
9 | (2) If the public employer refuses entry upon being | ||||||
10 | presented proper credentials or allows entry but then | ||||||
11 | refuses to permit or hinders the inspection in some way, | ||||||
12 | the inspector shall leave the premises and immediately | ||||||
13 | report the refusal to authorized management. Authorized | ||||||
14 | management shall notify the Director of Labor to initiate | ||||||
15 | the compulsory legal process or obtain a warrant for entry, | ||||||
16 | or both.
| ||||||
17 | (3) To inspect and investigate during regular working | ||||||
18 | hours and at
other reasonable times, and within reasonable | ||||||
19 | limits and in a reasonable
manner, any such place of | ||||||
20 | employment and all pertinent conditions,
structures, | ||||||
21 | machines, apparatus, devices, equipment, and materials
| ||||||
22 | therein, and to question privately any such employer, | ||||||
23 | owner, operator,
agent or employee.
| ||||||
24 | (4) The owner, operator, manager or lessees of any | ||||||
25 | place affected by
the provisions of this Act and his or her | ||||||
26 | agent, superintendent,
subordinate or employee, and any |
| |||||||
| |||||||
1 | employer affected by such provisions shall
when requested | ||||||
2 | by the Division of Safety Inspection and Education, or any
| ||||||
3 | duly authorized agent thereof, furnish any information in | ||||||
4 | his or her
possession or under his control which the | ||||||
5 | Department of Labor is authorized
to require, and shall | ||||||
6 | answer truthfully all questions required to be put to
him, | ||||||
7 | and shall cooperate in the making of a proper inspection.
| ||||||
8 | (5) (Blank)
A person who gives advance notice of an | ||||||
9 | inspection to be conducted under the authority of this Act | ||||||
10 | without authority from the Director of Labor, or his or her | ||||||
11 | authorized representative, commits a Class B misdemeanor .
| ||||||
12 | (6) Subject to regulations issued by the Director of | ||||||
13 | Labor, a
representative of the employer and a | ||||||
14 | representative authorized by his or
her employees shall be | ||||||
15 | given an opportunity to accompany the Director of
Labor or | ||||||
16 | his or her authorized representative during the physical
| ||||||
17 | inspection of any workplace under this Section for the | ||||||
18 | purpose of aiding
such inspection. Where there is no | ||||||
19 | authorized employee representative the
Director of Labor | ||||||
20 | or his or her authorized agent shall consult with a
| ||||||
21 | reasonable number of employees concerning matters of | ||||||
22 | health and safety
in the workplace.
| ||||||
23 | (7)(A) Whenever and as soon as an inspector concludes | ||||||
24 | that an imminent danger exists in any place of employment, | ||||||
25 | the inspector shall inform the affected employees or their | ||||||
26 | authorized representatives and employers of the danger and |
| |||||||
| |||||||
1 | that the inspector is recommending to the Director of Labor | ||||||
2 | that relief be sought. | ||||||
3 | (B) Whenever the Director is of the opinion that | ||||||
4 | imminent danger exists in the working conditions of any | ||||||
5 | public employee in this State, which condition may | ||||||
6 | reasonably be expected to cause death or serious physical | ||||||
7 | harm immediately or before the imminence of such danger can | ||||||
8 | be eliminated through the enforcement procedures otherwise | ||||||
9 | provided by this Act and the Health and Safety Act , the | ||||||
10 | Director may file a complaint in the circuit court for | ||||||
11 | appropriate relief against an employer and employee , | ||||||
12 | including an order that may require such steps to be taken | ||||||
13 | as may be necessary to abate, avoid, correct, or remove the | ||||||
14 | imminent danger and prohibit the employment or presence of | ||||||
15 | any individual in locations or under conditions where such | ||||||
16 | imminent danger exists, except those individuals whose | ||||||
17 | presence is necessary to abate, avoid, correct, or remove | ||||||
18 | the imminent danger or to maintain the capacity of a | ||||||
19 | continuous process operation to assume normal operations | ||||||
20 | without a complete cessation of operations, or where a | ||||||
21 | cessation of operations is necessary to permit the | ||||||
22 | cessation to be accomplished in a safe and orderly manner
| ||||||
23 | directing the employer or employee to cease and desist from | ||||||
24 | the practice creating the imminent danger and to obtain | ||||||
25 | immediate abatement of the hazard . | ||||||
26 | (C) If the Director of Labor arbitrarily or |
| |||||||
| |||||||
1 | capriciously fails to seek relief under this Section, any | ||||||
2 | employee who may be injured by reason of such failure, or | ||||||
3 | the representative of the employee, may bring an action | ||||||
4 | against the Director of Labor in the circuit court for the | ||||||
5 | circuit in which the imminent danger is alleged to exist or | ||||||
6 | the employer has his or her principal office, for relief by | ||||||
7 | mandamus to compel the Director of Labor to seek such an | ||||||
8 | order and for such further relief as may be appropriate. | ||||||
9 | (c) In making his or her inspections and investigations | ||||||
10 | under this Act and the Health and Safety Act, the Director of | ||||||
11 | Labor has the power to require the attendance and testimony of | ||||||
12 | witnesses and the production of evidence under oath.
| ||||||
13 | (Source: P.A. 94-477, eff. 1-1-06.)
| ||||||
14 | (820 ILCS 220/2.2)
| ||||||
15 | Sec. 2.2. Discrimination prohibited. | ||||||
16 | (a) A person may not discharge or in any way discriminate | ||||||
17 | against any employee because the employee has filed a complaint | ||||||
18 | or instituted or caused to be instituted any proceeding under | ||||||
19 | or related to this Act or the Health and Safety Act or has | ||||||
20 | testified or is about to testify in any such proceeding or | ||||||
21 | because of the exercise by the employee on behalf of himself or | ||||||
22 | herself or others of any right afforded by this Act or the | ||||||
23 | Health and Safety Act. | ||||||
24 | (b) Any employee who believes that he or she has been | ||||||
25 | discharged or otherwise discriminated against by any person in |
| |||||||
| |||||||
1 | violation of this Section may, within 30 calendar days after | ||||||
2 | the violation occurs, file a complaint with the Director of | ||||||
3 | Labor alleging the discrimination. Upon request, the Director | ||||||
4 | of Labor shall withhold the name of the complainant from the | ||||||
5 | employer. Upon receipt of the complaint, the Director of Labor | ||||||
6 | shall cause such investigation to be made as the Director deems | ||||||
7 | appropriate. If, after the investigation, the Director of Labor | ||||||
8 | determines that the provisions of this Section have been | ||||||
9 | violated, the Director shall , within 120 days after receipt of | ||||||
10 | the complaint, bring an action in the circuit court for | ||||||
11 | appropriate relief, including rehiring or reinstatement of the | ||||||
12 | employee to his or her former position with back pay, after | ||||||
13 | taking into account any interim earnings of the employee. | ||||||
14 | (c) (Blank).
Within 90 days of the receipt of a complaint | ||||||
15 | filed under this Section, the Director of Labor shall notify | ||||||
16 | the complainant of the Director's determination under | ||||||
17 | subsection (b) of this Section.
| ||||||
18 | (Source: P.A. 94-477, eff. 1-1-06.) | ||||||
19 | (820 ILCS 220/2.3) (from 820 ILCS 220/2, in part)
| ||||||
20 | Sec. 2.3. Methods of compelling compliance. | ||||||
21 | (a) Citations.
| ||||||
22 | (1) If, upon inspection or investigation, the Director | ||||||
23 | of Labor
or his or her authorized representative believes | ||||||
24 | that an employer has violated
a requirement of
this Act,
| ||||||
25 | the Health and Safety Act, or a standard,
rule, regulation |
| |||||||
| |||||||
1 | or order promulgated pursuant to this Act or the Health
and | ||||||
2 | Safety Act, he or she shall with reasonable promptness | ||||||
3 | issue a citation to
the employer. Each citation shall be in | ||||||
4 | writing; describe with
particularity the nature of the | ||||||
5 | violation and include a reference to the
provision of the | ||||||
6 | Act, standard, rule, regulation, or order alleged to
have | ||||||
7 | been violated; and fix a reasonable time for the abatement | ||||||
8 | of the
violation.
| ||||||
9 | (2) The Director of Labor may prescribe procedures for | ||||||
10 | the issuance of a
notice of de minimis violations which | ||||||
11 | have no direct or immediate
relationship to safety or | ||||||
12 | health.
| ||||||
13 | (3) Each citation issued under this Section, or a copy | ||||||
14 | or copies thereof, shall be prominently posted as | ||||||
15 | prescribed in regulations issued by the Director of Labor | ||||||
16 | at or near the place at which the violation occurred.
| ||||||
17 | (4) Citations shall be served on the employer, owner, | ||||||
18 | operator,
manager, or agent by delivering an exact copy to | ||||||
19 | the person upon whom
the service is to be had, or by | ||||||
20 | leaving a copy at his or her usual place of
business or | ||||||
21 | abode, or by sending a copy thereof by certified
registered
| ||||||
22 | mail to
his place of business.
| ||||||
23 | (5) No citation may be issued under this Section after | ||||||
24 | the expiration
of 6 months following the occurrence of any | ||||||
25 | violation.
| ||||||
26 | (6) If, after an inspection, the Director of Labor |
| |||||||
| |||||||
1 | issues a citation,
he or she shall within 5 days after the | ||||||
2 | issuance of the citation, notify
the employer by certified | ||||||
3 | mail of the penalty, if any, proposed to be
assessed for | ||||||
4 | the violation set forth in the citation.
| ||||||
5 | (7) If the Director of Labor has reason to believe that | ||||||
6 | an employer
has failed to correct a violation for which a | ||||||
7 | citation has been issued
within the period permitted for | ||||||
8 | its correction, the Director of Labor
shall notify the | ||||||
9 | employer by certified mail of such failure and of the
| ||||||
10 | monetary penalty proposed to be assessed by reason of such | ||||||
11 | failure.
| ||||||
12 | (8) The public entity may submit in writing data | ||||||
13 | relating to the abatement of a hazard to be considered by | ||||||
14 | an authorized representative of the Director of Labor. The | ||||||
15 | authorized representative of the Director of Labor shall | ||||||
16 | notify the interested parties if such data will be used to | ||||||
17 | modify an abatement order.
| ||||||
18 | (b) Proposed penalties
violations .
| ||||||
19 | (1) Civil penalties. Civil penalties under | ||||||
20 | subparagraphs (A) through (E)
may be
assessed by the | ||||||
21 | Director of Labor as part of the citation procedure as
| ||||||
22 | follows:
| ||||||
23 | (A) Any public employer who repeatedly violates | ||||||
24 | the requirements of this Act, the Health and Safety Act | ||||||
25 | or any standard, or rule, or order pursuant to either
| ||||||
26 | that Act and this Act may be assessed a civil penalty |
| |||||||
| |||||||
1 | of not more than $10,000 per violation .
| ||||||
2 | (B) Any employer who has received a citation for a | ||||||
3 | serious violation
of the requirements of
this Act, the | ||||||
4 | Health and Safety Act or any
standard, or rule, or | ||||||
5 | order pursuant to either
that Act and this Act may
| ||||||
6 | shall be
assessed a civil penalty up to $1,000 for each | ||||||
7 | such violation.
| ||||||
8 | For purposes of this Section, a serious violation | ||||||
9 | shall be deemed to exist in a place of employment if | ||||||
10 | there is a substantial probability that death or | ||||||
11 | serious physical harm could result from a condition | ||||||
12 | which exists, or from one or more practices, means, | ||||||
13 | methods, operations, or processes which have been | ||||||
14 | adopted or are in use in such place of employment | ||||||
15 | unless the employer did not know and could not, with | ||||||
16 | the exercise of reasonable diligence, have known of the | ||||||
17 | presence of the violation as specifically determined . | ||||||
18 | (C) Any public employer who has received a citation | ||||||
19 | for violations of this Act, the Health and Safety Act, | ||||||
20 | or any standard, or rule, or order pursuant to either | ||||||
21 | Act not of a serious nature may be assessed a civil | ||||||
22 | penalty of up to $1,000 for each such violation.
| ||||||
23 | (D) 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.
|
| |||||||
| |||||||
1 | (E) Any public employer who intentionally violates | ||||||
2 | the requirements of this Act, the Health and Safety Act | ||||||
3 | or any standard, or rule, or order pursuant to either
| ||||||
4 | this Act or demonstrates plain indifference to any of | ||||||
5 | those
its requirements shall be issued a willful | ||||||
6 | violation and may be assessed a civil penalty of not | ||||||
7 | more than $10,000. | ||||||
8 | (2) Criminal penalty. Any public employer who | ||||||
9 | willfully violates any standard, rule, or order | ||||||
10 | promulgated pursuant to this Act or the Health and Safety | ||||||
11 | Act shall be charged with
is guilty of a Class 4 felony if | ||||||
12 | that violation causes death to any employee. | ||||||
13 | (3) Assessment and reduction of penalties. The | ||||||
14 | Director of Labor shall have the authority to assess all | ||||||
15 | civil penalties provided in this Section, giving due | ||||||
16 | consideration to the appropriateness of the penalty. Any | ||||||
17 | penalty may be reduced by the Director of Labor or the | ||||||
18 | Director's authorized representative based
by as much as | ||||||
19 | 95% depending upon the public employer's "good faith", | ||||||
20 | "size of business", and "history of previous violations". | ||||||
21 | Up to 60% reduction is permitted for size, up to 25% | ||||||
22 | reduction is permitted for good faith, and up to 10% | ||||||
23 | reduction is permitted for history.
| ||||||
24 | (Source: P.A. 94-477, eff. 1-1-06.) | ||||||
25 | (820 ILCS 220/2.4) (from 820 ILCS 220/2, in part)
|
| |||||||
| |||||||
1 | Sec. 2.4. Contested cases. | ||||||
2 | (a) (1) An employer , firm or corporation , or an agent, | ||||||
3 | manager or
superintendent thereof
or a person for himself or | ||||||
4 | herself or for other
such person, firm or corporation , after | ||||||
5 | receiving a citation, a proposed
assessment of penalty, or a | ||||||
6 | notification of failure to correct violation
from the Director | ||||||
7 | of Labor or his or her authorized agent that he or she is
in | ||||||
8 | violation of this Act, the Health and Safety Act, or of any | ||||||
9 | occupational safety or health standard ,
or rule, or order | ||||||
10 | pursuant to either Act, may within 15 working days from receipt | ||||||
11 | of the notice of citation
or penalty request in writing a | ||||||
12 | hearing before the Director for an appeal
from the citation | ||||||
13 | order, notice of penalty, or abatement period. | ||||||
14 | (2) An informal review may be requested by the | ||||||
15 | aforementioned parties within those 15 days for an authorized | ||||||
16 | representative of the Director of Labor to review abatement | ||||||
17 | dates, to reclassify violations (such as willful to serious, | ||||||
18 | serious to other than serious), and/or to modify or withdraw a | ||||||
19 | penalty, a citation, or a citation item if the employer | ||||||
20 | presents evidence during the informal conference which | ||||||
21 | convinces the authorized representative that the changes are | ||||||
22 | justified. | ||||||
23 | (3) If, within 15 working days from the receipt of the | ||||||
24 | notice issued by the Director, the employer fails to notify the | ||||||
25 | Director that he or she intends to contest the citation or | ||||||
26 | proposed assessment of penalty, and no notice is filed by any |
| |||||||
| |||||||
1 | employee or employee representative under subsection (b) | ||||||
2 | within such time, the citation and the assessment, as proposed, | ||||||
3 | shall be deemed a final order and not subject to review by any | ||||||
4 | court or agency.
| ||||||
5 | (b) Any employee or representative of an employee may | ||||||
6 | within 15 working days
of the issuance of a citation file a | ||||||
7 | request in writing for a hearing
before the Director for an | ||||||
8 | appeal from the citation on the
ground that the period of time | ||||||
9 | fixed in the citation for the abatement
of the violation is | ||||||
10 | unreasonable.
| ||||||
11 | (c)(1) (Blank).
The Director shall schedule a hearing | ||||||
12 | within 15 calendar days after
receipt of such request for an | ||||||
13 | appeal from the citation order and shall
notify all interested | ||||||
14 | parties of such hearing. Such hearing shall be held
no later | ||||||
15 | than 45 calendar days after the date of receipt of such appeal
| ||||||
16 | request.
| ||||||
17 | (2) If an
The Director shall afford a hearing to the
| ||||||
18 | employer or his or her
representatives notifies the Director | ||||||
19 | that he intends to contest a citation or notification or if, | ||||||
20 | within 15 working days of the issuance of the citation, any | ||||||
21 | employee or representative of employees files a notice with the | ||||||
22 | Director alleging that the period of time fixed in the citation | ||||||
23 | for the abatement of the violation is unreasonable, the | ||||||
24 | Director shall afford an opportunity for a hearing before an | ||||||
25 | Administrative Law Judge designated pursuant to subsection (b) | ||||||
26 | of Section 2.10. At the hearing the
, at which hearing the
|
| |||||||
| |||||||
1 | employer or employee shall state his or her
objections to such | ||||||
2 | citation and provide evidence why such citation shall
not stand | ||||||
3 | as entered. The Director of Labor or his or her representative
| ||||||
4 | shall be given the opportunity to state his or her reasons for | ||||||
5 | entering
such violation citation. Affected employees shall be | ||||||
6 | provided an
opportunity to participate as parties to hearings | ||||||
7 | under the rules of
procedure prescribed by the Director (56 | ||||||
8 | Ill. Admin. Code, Part 120) .
| ||||||
9 | (3) The Administrative Law Judge on behalf of the
The
| ||||||
10 | Director, in consideration of the evidence presented
at the | ||||||
11 | formal hearing, shall in accordance with his rules enter a | ||||||
12 | final decision
and order within a reasonable time
no later than | ||||||
13 | 15 calendar days after such hearing affirming,
modifying or | ||||||
14 | vacating the Director's citation or proposed penalty, or
| ||||||
15 | directing other appropriate relief.
| ||||||
16 | (4) (Blank).
An informal review may be conducted by an | ||||||
17 | authorized representative of the Director of Labor who is | ||||||
18 | authorized to change abatement dates, to reclassify violations | ||||||
19 | (such as willful to serious, serious to other-than-serious), | ||||||
20 | and to modify or withdraw a penalty, a citation, or a citation | ||||||
21 | item if the employer presents evidence during the informal | ||||||
22 | conference which convinces the authorized representative of | ||||||
23 | the Director of Labor that the changes are justified.
| ||||||
24 | (5) Appeal.
| ||||||
25 | (A) Any party adversely affected by a final violation | ||||||
26 | order or determination
of the Administrative Law Judge on |
| |||||||
| |||||||
1 | behalf of the Director may obtain judicial review by filing | ||||||
2 | a complaint for review
within 35 days after the entry of | ||||||
3 | the order or other final action
complained of, pursuant to | ||||||
4 | the provisions of the Administrative Review Law,
all | ||||||
5 | amendments and modifications thereof, and the rules | ||||||
6 | adopted pursuant
thereto.
| ||||||
7 | (B) If no appeal is taken within 35 days the order of | ||||||
8 | the Director shall
become final.
| ||||||
9 | (C) Judicial reviews filed under this Section shall be | ||||||
10 | heard
expeditiously.
| ||||||
11 | (6) The Director of Labor and/or the Administrative Law | ||||||
12 | Judge on behalf of 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 . | ||||||
17 | (C) To order testimony of a witness
and to take or | ||||||
18 | cause to be taken, depositions of witnesses residing within | ||||||
19 | or without this State to be taken by deposition in the | ||||||
20 | manner prescribed by law for depositions in civil cases in | ||||||
21 | the circuit court in any proceedings pending before him or | ||||||
22 | her at any state of such proceeding . | ||||||
23 | Subpoenas and commissions to take testimony shall be under | ||||||
24 | seal of the Director of Labor. | ||||||
25 | Service of subpoenas may be made by any sheriff or any | ||||||
26 | other person. The circuit court for the county where any |
| |||||||
| |||||||
1 | hearing is pending , upon application of the Director of Labor,
| ||||||
2 | may , in the court's discretion, compel the attendance of | ||||||
3 | witnesses, the production of pertinent books, papers, records, | ||||||
4 | or documents and the giving of testimony before the Director of | ||||||
5 | Labor or an Administrative Law Judge by an attachment | ||||||
6 | proceeding, as for contempt, in the same manner as the | ||||||
7 | production of evidence may be compelled before the court.
| ||||||
8 | (Source: P.A. 94-477, eff. 1-1-06.) | ||||||
9 | (820 ILCS 220/2.5)
| ||||||
10 | Sec. 2.5. Employee access to information. | ||||||
11 | (a) The Director of Labor shall issue rules
regulations
| ||||||
12 | requiring employers to maintain accurate records of employee | ||||||
13 | exposures to potentially toxic materials or harmful physical | ||||||
14 | agents which are required to be monitored or measured under | ||||||
15 | this Act or the Health and Safety Act. | ||||||
16 | (1) The rules
regulations shall provide employees or | ||||||
17 | their representatives with an opportunity to observe such | ||||||
18 | monitoring or measuring, and to have access to the records | ||||||
19 | thereof. | ||||||
20 | (2) The rules
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 |
| |||||||
| |||||||
1 | harmful physical agents in concentrations or at levels | ||||||
2 | which exceed those prescribed by an occupational safety and | ||||||
3 | health standard and shall inform any employee who is being | ||||||
4 | thus exposed of the corrective action being taken. | ||||||
5 | (b) The Director of Labor shall also issue rules
| ||||||
6 | regulations requiring that employers, through posting of | ||||||
7 | notices or other appropriate means, keep their employees | ||||||
8 | informed of their protections and obligations under these Acts, | ||||||
9 | including the provisions of applicable standards.
| ||||||
10 | (Source: P.A. 94-477, eff. 1-1-06.) | ||||||
11 | (820 ILCS 220/2.6)
| ||||||
12 | Sec. 2.6. Other prohibited actions and sanctions. | ||||||
13 | (a) Advance notice. A person who gives advance notice of | ||||||
14 | any inspection to be conducted under the authority of this Act | ||||||
15 | or the Health and Safety Act without authority from the | ||||||
16 | Director of Labor, or his or her authorized representative, | ||||||
17 | commits a Class B misdemeanor. | ||||||
18 | (b) False statements. A person who knowingly makes a false | ||||||
19 | statement, representation, or certification in any | ||||||
20 | application, record, report, plan, or other document required | ||||||
21 | pursuant to this Act , the Health and Safety Act, or any rule, | ||||||
22 | standard, or order pursuant to either Act commits a Class 4 | ||||||
23 | felony. | ||||||
24 | (c) Violation of posting requirements. A public employer | ||||||
25 | who violates any of the required posting requirements of |
| |||||||
| |||||||
1 | Sections 2.3 and 2.5 of this Act is subject to the following | ||||||
2 | citations and proposed penalty structure: | ||||||
3 | (1) Job Safety & Health Poster: an other-than-serious | ||||||
4 | citation with a proposed penalty of $1,000. | ||||||
5 | (2) Annual Summary of Injuries/Illnesses: an | ||||||
6 | other-than-serious citation and a proposed penalty of | ||||||
7 | $1,000 even if there are no recordable injuries or | ||||||
8 | illnesses. | ||||||
9 | (3) Citation: an other-than-serious citation and a | ||||||
10 | proposed penalty of $1,000. | ||||||
11 | (d) All information reported to or otherwise obtained by | ||||||
12 | the Director of Labor or the Director's authorized | ||||||
13 | representative in connection with any inspection or proceeding | ||||||
14 | under this Act or the Health and Safety Act or any standard, | ||||||
15 | rule, or order pursuant to either Act which contains or might | ||||||
16 | reveal a trade secret shall be considered confidential, except | ||||||
17 | that such information may be disclosed confidentially to other | ||||||
18 | officers or employees concerned with carrying out this Act or | ||||||
19 | the Health and Safety Act or when relevant to any proceeding | ||||||
20 | under this Act or the Health and Safety Act . In any such | ||||||
21 | proceeding, the Director of Labor or the court shall issue such | ||||||
22 | orders as may be appropriate, including the impoundment of | ||||||
23 | files or portions of files, to protect the confidentiality of | ||||||
24 | trade secrets.
A person who violates the confidentiality of | ||||||
25 | trade secrets commits a Class B misdemeanor.
| ||||||
26 | (Source: P.A. 94-477, eff. 1-1-06.) |
| |||||||
| |||||||
1 | (820 ILCS 220/2.7)
| ||||||
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 | (Source: P.A. 94-477, eff. 1-1-06.) | ||||||
17 | (820 ILCS 220/2.8) (from 820 ILCS 220/2, in part)
| ||||||
18 | Sec. 2.8. Voluntary compliance program. | ||||||
19 | (a) The Department shall encourage employers and | ||||||
20 | organizations and
groups of employees to institute and maintain | ||||||
21 | safety education programs
for employees and promote the | ||||||
22 | observation of safety practices. | ||||||
23 | (b) The Department shall provide and conduct qualified and | ||||||
24 | quality educational programs specifically designed to meet the |
| |||||||
| |||||||
1 | regulatory requirements and the needs of the public employer. | ||||||
2 | (c) (Blank).
The educational programs and advisory | ||||||
3 | inspections shall be scheduled secondary to the unprogrammed | ||||||
4 | inspections by priority. | ||||||
5 | (d) Regular public information programs shall be conducted | ||||||
6 | to inform the public employers of changes to the regulations or | ||||||
7 | updates as necessary. | ||||||
8 | (e) The Department shall provide support services for any | ||||||
9 | public employer who needs assistance with the public employer's | ||||||
10 | self-inspection programs. | ||||||
11 | (Source: P.A. 94-477, eff. 1-1-06.) | ||||||
12 | (820 ILCS 220/2.10) (from 820 ILCS 220/2, in part)
| ||||||
13 | Sec. 2.10. Adoption of rules; designation of personnel to | ||||||
14 | hear evidence in
disputed matters. | ||||||
15 | (a) The Director of Labor shall adopt such rules and | ||||||
16 | regulations as he or she
may deem necessary to implement the | ||||||
17 | provisions of this Act or the Health and Safety Act , including,
| ||||||
18 | but not limited to, rules and regulations dealing with: (1) the | ||||||
19 | inspection
of an employer's establishment and (2) the | ||||||
20 | designation of proper parties,
pleadings, notice, discovery, | ||||||
21 | the issuance of subpoenas, transcripts, and
oral argument.
| ||||||
22 | (b) The Director of Labor may designate personnel to hear | ||||||
23 | evidence in
disputed matters.
| ||||||
24 | (Source: P.A. 94-477, eff. 1-1-06.)
|
| |||||||
| |||||||
1 | (820 ILCS 220/8) (from Ch. 48, par. 59.8)
| ||||||
2 | Sec. 8. Before any prosecution is instituted based upon the | ||||||
3 | laboratory
findings of any industrial hygiene unit of the | ||||||
4 | Department, any person
dissatisfied with such findings shall be | ||||||
5 | entitled to have an independent
review thereof made.
| ||||||
6 | The Attorney General and state's attorneys, upon request of | ||||||
7 | the
Department, shall prosecute any violation of any law which | ||||||
8 | the Department
has the duty to administer and enforce.
| ||||||
9 | (Source: P.A. 77-1899.)
| ||||||
10 | (820 ILCS 220/10) (from Ch. 48, par. 59.10)
| ||||||
11 | Sec. 10. All fines collected pursuant to this Act or the | ||||||
12 | Health and Safety Act shall be deposited in the
general revenue | ||||||
13 | fund of the State of Illinois.
| ||||||
14 | (Source: P.A. 77-1899.)
| ||||||
15 | (820 ILCS 220/11) (from Ch. 48, par. 59.11)
| ||||||
16 | Sec. 11. Nothing in this Act or the Health and Safety Act
| ||||||
17 | shall be construed to supersede or in any manner
affect any | ||||||
18 | workers' compensation or occupational diseases law or any
other | ||||||
19 | common law or statutory rights, duties or liabilities, or | ||||||
20 | create
any private right of action.
| ||||||
21 | (Source: P.A. 81-992.)
| ||||||
22 | (820 ILCS 220/12 new) | ||||||
23 | Sec. 12. It shall be the duty of the Division under the |
| |||||||
| |||||||
1 | Director of Labor to ensure that the health and safety of the | ||||||
2 | public employees in Illinois are protected by a program at | ||||||
3 | least as effective as the federal Occupational Safety and | ||||||
4 | Health Administration (OSHA) program. | ||||||
5 | Section 10. The Health and Safety Act is amended by | ||||||
6 | changing Sections .01, 2, 3, 4, 4.1, 4.2, 7, 7.01, 7.02, 7.04, | ||||||
7 | 7.05, 7.07, 7.10, 7.11, 7.12, 7.18, 8, 9, 12, 14, 15, 17, and | ||||||
8 | 22 as follows:
| ||||||
9 | (820 ILCS 225/.01) (from Ch. 48, par. 137.01)
| ||||||
10 | Sec. .01. As used in this Act:
| ||||||
11 | "Department" means the Department of Labor.
| ||||||
12 | "Director" means the Director of Labor. | ||||||
13 | "Employee" means every person in the service of:
the State, | ||||||
14 | including members of the General Assembly, members of the | ||||||
15 | Illinois Commerce Commission, members of the Workers' | ||||||
16 | Compensation Commission, and all persons in the service of the | ||||||
17 | public universities and colleges in Illinois;
an Illinois | ||||||
18 | county, including deputy sheriffs and assistant State's | ||||||
19 | attorneys; or
an Illinois city, township, incorporated village | ||||||
20 | or school district, body politic, or municipal corporation;
| ||||||
21 | whether by election, under appointment or contract, or hire, | ||||||
22 | express or implied, oral or written. | ||||||
23 | "Public employer" or "employer" means the State of Illinois | ||||||
24 | and all political subdivisions.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-245.)
| ||||||
2 | (820 ILCS 225/2) (from Ch. 48, par. 137.2)
| ||||||
3 | Sec. 2.
This Act shall apply to all public employers | ||||||
4 | engaged in any occupation ,
business or enterprise in this | ||||||
5 | State, and their employees, including the
State of Illinois and | ||||||
6 | its employees and all political subdivisions and its
employees, | ||||||
7 | except that nothing in this Act shall apply to working
| ||||||
8 | conditions of employees with respect to which Federal agencies, | ||||||
9 | and State
agencies acting under Section 274 of the Atomic | ||||||
10 | Energy Act of 1954, as
amended (42 U.S.C. 2021), exercise | ||||||
11 | statutory authority to prescribe or
enforce standards or | ||||||
12 | regulations affecting occupational safety and health.
Any | ||||||
13 | regulations in excess of applicable Federal standards shall, | ||||||
14 | before
being promulgated, be the subject of hearings as | ||||||
15 | required by this Act. | ||||||
16 | (Source: P.A. 94-477, eff. 1-1-06 .)
| ||||||
17 | (820 ILCS 225/3) (from Ch. 48, par. 137.3)
| ||||||
18 | Sec. 3. (a) It shall be the duty of every employer under | ||||||
19 | this Act to provide
reasonable protection to the lives, health | ||||||
20 | and safety and to furnish to
each of his employees employment | ||||||
21 | and a place of employment which are free
from recognized | ||||||
22 | hazards that are causing or are likely to cause death or
| ||||||
23 | serious physical harm to his employees.
| ||||||
24 | (b) It shall be the duty of each employer under this Act to |
| |||||||
| |||||||
1 | comply with
occupational health and safety standards | ||||||
2 | promulgated under this Act and the Safety Inspection and | ||||||
3 | Education Act .
| ||||||
4 | (c) It shall be the duty of every employer to keep his | ||||||
5 | employees
informed of their protections and obligations under | ||||||
6 | this Act and the Safety Inspection and Education Act , including | ||||||
7 | the
provisions of applicable standards.
| ||||||
8 | (d) It shall be the duty of every employer to furnish its | ||||||
9 | employees with
information regarding hazards in the | ||||||
10 | work-place, including information
about suitable precautions, | ||||||
11 | relevant symptoms and emergency treatment.
| ||||||
12 | (e) It shall be the duty of every employee to comply with | ||||||
13 | such rules as
are promulgated from time to time by the Director | ||||||
14 | pursuant to
this Act or the Safety Inspection and Education | ||||||
15 | Act , which are applicable to his own actions and conduct.
| ||||||
16 | (f) The Director shall, from time to time, make, promulgate
| ||||||
17 | and publish such reasonable rules as will effectuate such | ||||||
18 | purposes. Such
rules shall be clear, plain and intelligible as | ||||||
19 | to those affected thereby
and that which is required of them, | ||||||
20 | and each such rule shall be, by its
terms, uniform and general | ||||||
21 | in its application wherever the subject matter
of such rule | ||||||
22 | shall exist in any worksite
business, occupation or enterprise
| ||||||
23 | having
public employees, and which rules, when applicable to | ||||||
24 | products which are
distributed or used in interstate commerce, | ||||||
25 | are required by compelling
local conditions and do not unduly | ||||||
26 | burden interstate commerce.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-245.)
| ||||||
2 | (820 ILCS 225/4) (from 820 ILCS 225/4, in part)
| ||||||
3 | Sec. 4. Records and reports;
work-related deaths, | ||||||
4 | injuries, and illnesses.
| ||||||
5 | (a) The Director shall prescribe rules requiring
employers | ||||||
6 | to maintain accurate records of, and to make reports on,
| ||||||
7 | work-related deaths, injuries and illnesses, other than minor | ||||||
8 | injuries
requiring only first aid treatment which do not | ||||||
9 | involve medical
treatment, loss of consciousness, restriction | ||||||
10 | of work or motion, or
transfer to another job. Such rules shall | ||||||
11 | specifically include all of
the reporting provisions of Section | ||||||
12 | 6 of the Workers' Compensation Act
and Section 6 of the | ||||||
13 | Workers' Occupational Diseases Act.
| ||||||
14 | (b) Such records shall be available to any State agency | ||||||
15 | requiring such
information.
| ||||||
16 | (c) (Blank).
All reports filed hereunder shall be | ||||||
17 | confidential and any person
having access to such records filed | ||||||
18 | with the Director as
herein required, who shall release any | ||||||
19 | information therein contained
including the names or otherwise | ||||||
20 | identify any persons sustaining
injuries or disabilities, or | ||||||
21 | give access to such information to any
unauthorized person, | ||||||
22 | shall be subject to discipline or discharge, and in
addition | ||||||
23 | shall be guilty of a Class B misdemeanor.
| ||||||
24 | (Source: P.A. 94-477, eff. 1-1-06.)
|
| |||||||
| |||||||
1 | (820 ILCS 225/4.1) (from 820 ILCS 225/4, in part)
| ||||||
2 | Sec. 4.1. Adoption of federal safety and health standards | ||||||
3 | as rules. | ||||||
4 | (a) All federal occupational safety and health standards | ||||||
5 | which the
United States Secretary of Labor has heretofore | ||||||
6 | promulgated or
, modified or
revoked in accordance with the | ||||||
7 | Federal Occupational Safety and Health
Act of 1970, shall be | ||||||
8 | and are hereby made rules of the Director unless the
Director | ||||||
9 | shall make, promulgate, and publish an alternate rule at least | ||||||
10 | as
effective in providing safe and healthful employment and | ||||||
11 | places of
employment as a federal standard. Prior to the | ||||||
12 | development and promulgation of alternate standards or the | ||||||
13 | modification or revocation of existing standards, the Director | ||||||
14 | must consider factual information including: | ||||||
15 | (1) Expert technical knowledge. | ||||||
16 | (2) Input from interested persons including employers, | ||||||
17 | employees, recognized standards-producing organizations, | ||||||
18 | and the public.
| ||||||
19 | (b) All federal occupational safety and health standards | ||||||
20 | which the United
States Secretary of Labor shall hereafter | ||||||
21 | promulgate, modify or revoke
in accordance with the Federal | ||||||
22 | Occupational Safety and Health Act of
1970 shall become the | ||||||
23 | rules of the Department within 6 months after
their federal | ||||||
24 | promulgation
effective date, unless there shall have been in | ||||||
25 | effect in
this State at the time of the promulgation, | ||||||
26 | modification or revocation
of such rule an alternate State rule |
| |||||||
| |||||||
1 | at least as effective in providing
safe and healthful | ||||||
2 | employment and places of employment as a federal
standard. | ||||||
3 | However, such rule shall not become effective until the
| ||||||
4 | following requirement has
requirements have been met:
| ||||||
5 | (1) The Department shall within 45 days after the | ||||||
6 | federal
promulgation
effective date of such rule, file with | ||||||
7 | 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) (Blank).
In the event of the Department's failure | ||||||
12 | to 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 |
| |||||||
| |||||||
1 | physically harmful or from new hazards; and | ||||||
2 | (2) that such emergency standard is necessary to | ||||||
3 | protect employees from such danger. | ||||||
4 | The Director of Labor shall adopt emergency temporary | ||||||
5 | standards promulgated by the federal Occupational Safety and | ||||||
6 | Health Administration within 30 days of federal notice.
Such | ||||||
7 | temporary emergency standards shall be effective until | ||||||
8 | superseded by a permanent standard but in no event for more | ||||||
9 | than 6 months from the date of its publication.
The publication | ||||||
10 | of such temporary emergency standards shall be deemed to be a | ||||||
11 | petition to the Director of Labor for the promulgation of a | ||||||
12 | permanent standard and shall be deemed to be filed with the | ||||||
13 | Director of Labor on the date of its publication and the | ||||||
14 | proceeding for the permanent promulgation of the rule shall be | ||||||
15 | pursued in accordance with the provisions of this Act. | ||||||
16 | (d)(1) Any standard promulgated under this Act shall | ||||||
17 | prescribe the use of labels or other appropriate forms of | ||||||
18 | warning as are necessary to ensure that employees are apprised | ||||||
19 | of all hazards to which they are exposed, relevant symptoms and | ||||||
20 | appropriate emergency treatment, and proper conditions and | ||||||
21 | precautions of safe use or exposure. | ||||||
22 | (2) Where appropriate, such standard shall also prescribe | ||||||
23 | suitable protective equipment and control or technological | ||||||
24 | procedures to be used in connection with such hazards and shall | ||||||
25 | provide for monitoring or measuring employee exposure at such | ||||||
26 | locations and intervals, and in such manner as may be necessary |
| |||||||
| |||||||
1 | for the protection of employees. | ||||||
2 | (3) In addition, where appropriate, any such standard shall | ||||||
3 | prescribe the type and frequency of medical examinations or | ||||||
4 | other tests which shall be made available, by the employer or | ||||||
5 | at the employer's cost, to employees exposed to such hazards in | ||||||
6 | order to most effectively determine whether the health of such | ||||||
7 | employees is adversely affected by such exposure. The results | ||||||
8 | of such examinations or tests shall be furnished by the | ||||||
9 | employer only to the Department of Labor, or at the direction | ||||||
10 | of the Department to authorized medical personnel and at the | ||||||
11 | request of the employee to the employee's physician. | ||||||
12 | (4) The Director of Labor, in promulgating standards | ||||||
13 | dealing with toxic materials or harmful physical agents under | ||||||
14 | this subsection, shall set the standard which most adequately | ||||||
15 | ensures, to the extent feasible, on the basis of the best | ||||||
16 | available evidence, that no employee will suffer material | ||||||
17 | impairment of health or functional capacity even if such | ||||||
18 | employee has regular exposure to the hazard dealt with by such | ||||||
19 | standard for the period of the employee's working life. | ||||||
20 | (5) Development of standards under this subsection shall be | ||||||
21 | based upon research, demonstrations, experiments, and such | ||||||
22 | other information as may be appropriate. In addition to the | ||||||
23 | attainment of the highest degree of health and safety | ||||||
24 | protection for the employee, other considerations shall be the | ||||||
25 | latest available scientific data in the field, the feasibility | ||||||
26 | of the standards, and experience gained under this and other |
| |||||||
| |||||||
1 | health and safety laws. Whenever practicable, the standard | ||||||
2 | promulgated shall be expressed in terms of objective criteria | ||||||
3 | and of the performance desired.
| ||||||
4 | (Source: P.A. 94-477, eff. 1-1-06.) | ||||||
5 | (820 ILCS 225/4.2) (from 820 ILCS 225/4, in part)
| ||||||
6 | Sec. 4.2. Variances. | ||||||
7 | (a) The Director of Labor has the authority to grant either | ||||||
8 | temporary or permanent variances from any of the State | ||||||
9 | standards upon application by a public employer. Any variance | ||||||
10 | from a State health and safety standard may have only future | ||||||
11 | effect.
| ||||||
12 | (b) Any public employer may apply to the
Director of Labor | ||||||
13 | for a temporary order granting a variance from a
standard or | ||||||
14 | any provision thereof promulgated under this Act or the Safety | ||||||
15 | Inspection and Education Act . | ||||||
16 | (1) Such
temporary order shall be granted only if the | ||||||
17 | employer files an
application which meets the requirements | ||||||
18 | of this subsection
(b) and establishes:
| ||||||
19 | (A) that he is unable to comply
with a standard by | ||||||
20 | its effective date because of unavailability of
| ||||||
21 | professional or technical personnel or of materials | ||||||
22 | and equipment needed
to come into compliance with the | ||||||
23 | standard or because necessary
construction or | ||||||
24 | alteration of facilities cannot be completed by the
| ||||||
25 | effective date; |
| |||||||
| |||||||
1 | (B) that he is taking all available steps to | ||||||
2 | safeguard his
employees against the hazards covered by | ||||||
3 | the standard; and | ||||||
4 | (C) that he has
an effective program for coming | ||||||
5 | into compliance with a standard as
quickly as | ||||||
6 | practicable. | ||||||
7 | Any temporary order issued under this Section
shall | ||||||
8 | prescribe the practices, means, methods, operations and | ||||||
9 | processes
which the employer must adopt and use while the | ||||||
10 | order is in effect and
state in detail his program for | ||||||
11 | coming into compliance with the
standard. | ||||||
12 | (2) Such a temporary order may be granted only after | ||||||
13 | notice to
employees and an opportunity for a hearing. | ||||||
14 | However, in cases involving
only documentary evidence in | ||||||
15 | support of the application for a temporary
variance and in | ||||||
16 | which no objection is made or hearing requested by the
| ||||||
17 | employees or their representative, the Director of Labor | ||||||
18 | may issue a
temporary variance in accordance with this Act. | ||||||
19 | (3) In the event the
application is contested or a | ||||||
20 | hearing requested, the application shall
be heard and | ||||||
21 | determined by the Director. | ||||||
22 | (4) No order for a
temporary variance may be in effect | ||||||
23 | for longer than the period needed by
the employer to | ||||||
24 | achieve compliance with the standard or one year,
whichever | ||||||
25 | is shorter, except that such an order may be renewed not | ||||||
26 | more
than twice, so long as the requirements of this |
| |||||||
| |||||||
1 | paragraph are met and if
an application for renewal is | ||||||
2 | filed at least 90 days prior to the
expiration date of the | ||||||
3 | order. No interim renewal of an order may remain in effect | ||||||
4 | for longer than 180 days.
| ||||||
5 | (5) An application for a temporary order as herein | ||||||
6 | provided shall
contain:
| ||||||
7 | (A) a specification of the standard or portion | ||||||
8 | thereof from which the
employer seeks a variance;
| ||||||
9 | (B) a representation by the employer, supported by | ||||||
10 | representations
from qualified persons having | ||||||
11 | first-hand knowledge of the facts
represented, that he | ||||||
12 | is unable to comply with a standard or portion
thereof | ||||||
13 | and a detailed statement of the reasons therefor;
| ||||||
14 | (C) a statement of the steps he has taken and will | ||||||
15 | take (with
specific dates) to protect employees | ||||||
16 | against a hazard covered by the
standard;
| ||||||
17 | (D) a statement of when he expects to be able to | ||||||
18 | comply with the standard (with dates specified); and
| ||||||
19 | (E) a certification that he has informed his | ||||||
20 | employees of the
application by giving a copy thereof | ||||||
21 | to their authorized
representatives, posting a | ||||||
22 | statement at the place or places where notices to | ||||||
23 | employees are normally posted, summarizing the | ||||||
24 | application and
specifying where a copy may be | ||||||
25 | examined, and by other appropriate means
employees may | ||||||
26 | examine a copy of such application .
|
| |||||||
| |||||||
1 | A description of how employees have been informed shall | ||||||
2 | be contained
in the certification. The information to | ||||||
3 | employees shall also inform
them of their right to petition | ||||||
4 | the Director for a hearing.
| ||||||
5 | (6) The Director of Labor is authorized to grant a | ||||||
6 | variance from
any standard or portion thereof whenever the | ||||||
7 | Director of Labor determines
that such variance is | ||||||
8 | necessary to permit an employer to participate in an
| ||||||
9 | experiment approved by the Director of Labor designed to | ||||||
10 | demonstrate or
validate new and improved techniques to | ||||||
11 | safeguard the health or safety of
workers.
| ||||||
12 | (c) Any affected employer may apply to the Director of | ||||||
13 | Labor for
a rule or order for a permanent variance from a
| ||||||
14 | standard or rule promulgated under this Act or the Safety | ||||||
15 | Inspection and Education Act . Affected employees shall be given
| ||||||
16 | notice of each such application and an opportunity to | ||||||
17 | participate in a
hearing. The Director of Labor shall issue | ||||||
18 | such rule or order if he
determines on the record, after | ||||||
19 | opportunity for an inspection where
appropriate and a hearing, | ||||||
20 | that the proponent of the variance has
demonstrated by a | ||||||
21 | preponderance of the evidence that the conditions,
practices, | ||||||
22 | means, methods, operations or processes used or proposed to
be | ||||||
23 | used by an employer will provide employment and places of | ||||||
24 | employment
to his employees which are as safe and healthful as | ||||||
25 | those which would
prevail if he complied with the standard. The | ||||||
26 | rule or order so issued
shall prescribe the conditions the |
| |||||||
| |||||||
1 | employer must maintain, and the
practices, means, methods, | ||||||
2 | operations, and processes which he must adopt
and utilize to | ||||||
3 | the extent they differ from the standard in question.
Such a | ||||||
4 | rule or order may be modified or revoked upon application by an
| ||||||
5 | employer, employees, or
the Director of Labor
on his own | ||||||
6 | motion, in the manner prescribed for its issuance under this
| ||||||
7 | Section at any time after 6 months from its issuance.
| ||||||
8 | (Source: P.A. 94-477, eff. 1-1-06.)
| ||||||
9 | (820 ILCS 225/7) (from Ch. 48, par. 137.7)
| ||||||
10 | Sec. 7. Rulemaking proceedings.
The Director of Labor may, | ||||||
11 | on his own initiative, or upon
written petition, make, modify | ||||||
12 | or repeal any rule or rules as provided in
this Act, conforming | ||||||
13 | with the procedure prescribed in this Act or the Safety | ||||||
14 | Inspection and Education Act .
| ||||||
15 | (Source: P.A. 87-245.)
| ||||||
16 | (820 ILCS 225/7.01) (from Ch. 48, par. 137.7-01)
| ||||||
17 | Sec. 7.01. If the Director of Labor resolves to institute | ||||||
18 | such
proceedings on his own initiative , he shall propose
| ||||||
19 | promulgate a rule stating in
simple terms the subject matter | ||||||
20 | and purpose of such hearing, and shall
place such rule on file | ||||||
21 | with the Illinois Secretary of State in the Illinois Register , | ||||||
22 | and the matter shall proceed to hearing and
disposition upon | ||||||
23 | such rule as hereinafter provided.
| ||||||
24 | (Source: P.A. 87-245.)
|
| |||||||
| |||||||
1 | (820 ILCS 225/7.02) (from Ch. 48, par. 137.7-02)
| ||||||
2 | Sec. 7.02. Every petition for hearing upon rules filed with | ||||||
3 | the
Director of Labor shall state, in simple terms, the subject | ||||||
4 | matter and
purpose for which such hearing is requested. Such | ||||||
5 | petition shall be signed
by a minimum of 5 public employees or | ||||||
6 | 5 public employers , or by a majority of employers, in a
| ||||||
7 | specified industry . When such a petition is filed, the matter | ||||||
8 | shall proceed
to hearing and disposition upon such petition as | ||||||
9 | hereinafter provided.
| ||||||
10 | (Source: P.A. 87-245.)
| ||||||
11 | (820 ILCS 225/7.04) (from Ch. 48, par. 137.7-04)
| ||||||
12 | Sec. 7.04. When the Director of Labor on his own initiative | ||||||
13 | determines
to consider any rule or rules, or when such a | ||||||
14 | petition is filed, the
Director shall set a date for a public | ||||||
15 | hearing on such cause, not less
than 30 nor more than 90 days | ||||||
16 | after the date of the proposed
promulgation of the
rule by the | ||||||
17 | Director of his intention to proceed on his own
initiative, or | ||||||
18 | after the filing of a petition, as the case may be.
| ||||||
19 | (Source: P.A. 87-245.)
| ||||||
20 | (820 ILCS 225/7.05) (from Ch. 48, par. 137.7-05)
| ||||||
21 | Sec. 7.05. Notice of such hearing shall be given at least | ||||||
22 | 30 days prior to
the date of the hearing by publication in a | ||||||
23 | newspaper of general
circulation within the county in which the |
| |||||||
| |||||||
1 | hearing is to be held, in the Illinois Register, and by
mailing | ||||||
2 | notice thereof to any employer, and to any association of | ||||||
3 | public employers
and to any association of public employees who | ||||||
4 | have filed with the Director of
Labor their names and | ||||||
5 | addresses, requesting notice of such hearings ,
and stating the | ||||||
6 | particular industry or industries concerning which they
desire | ||||||
7 | such notice . The notice of hearing shall state the time, place | ||||||
8 | and
subject matter of the hearing.
| ||||||
9 | (Source: P.A. 87-245.)
| ||||||
10 | (820 ILCS 225/7.07) (from Ch. 48, par. 137.7-07)
| ||||||
11 | Sec. 7.07. Upon the conclusion of the hearing, the Director | ||||||
12 | of Labor
shall enter in writing, his decision upon the subject | ||||||
13 | matter of such
hearing. Copies of the decision , rule, or rules
| ||||||
14 | shall be mailed to interested parties whose
names are on file | ||||||
15 | with the Director of Labor, as hereinbefore provided, and
a | ||||||
16 | certified copy thereof shall be filed in the office of the | ||||||
17 | Secretary of
State at Springfield to be published in the | ||||||
18 | Illinois Register .
| ||||||
19 | (Source: P.A. 87-245.)
| ||||||
20 | (820 ILCS 225/7.10) (from Ch. 48, par. 137.7-10)
| ||||||
21 | Sec. 7.10. The Director of Labor shall certify the record | ||||||
22 | of the
proceedings to the court. For the purpose of a writ of | ||||||
23 | certiorari, the
record of the Director of Labor shall consist | ||||||
24 | of a transcript of all
testimony taken at the hearing, together |
| |||||||
| |||||||
1 | with all exhibits, or copies
thereof, introduced in evidence, | ||||||
2 | and all information secured by the
Director of Labor on his own | ||||||
3 | initiative which was introduced in evidence at
the hearing; a | ||||||
4 | copy of the rule or petition filed with the Director of
Labor | ||||||
5 | which initiated the investigation, and a copy of the decision | ||||||
6 | filed
in the cause, together with all objections filed with the | ||||||
7 | Director of Labor,
if any.
| ||||||
8 | (Source: P.A. 87-245.)
| ||||||
9 | (820 ILCS 225/7.11) (from Ch. 48, par. 137.7-11)
| ||||||
10 | Sec. 7.11. On such certiorari proceedings, the court may | ||||||
11 | confirm or reverse
the decision as a whole, or may reverse and | ||||||
12 | remand the decision as a whole,
or may confirm any of the rules | ||||||
13 | contained in such decision, and reverse or
reverse and remand | ||||||
14 | with respect to other rules in said decision. The order
of the | ||||||
15 | court shall be a final and appealable order except as to such
| ||||||
16 | portion of the decision of the Director
commission , or as to | ||||||
17 | such rule or rules
therein as may be remanded by the court.
| ||||||
18 | The purpose of any such remanding order shall be for the | ||||||
19 | further
consideration of the subject matter of the particular | ||||||
20 | decision, rule or
rules remanded.
| ||||||
21 | (Source: Laws 1967, p. 3855.)
| ||||||
22 | (820 ILCS 225/7.12) (from Ch. 48, par. 137.7-12)
| ||||||
23 | Sec. 7.12. No new or additional evidence may be introduced | ||||||
24 | in the
court in such proceeding but the cause shall be heard on |
| |||||||
| |||||||
1 | the record of
the Director of Labor as certified by him. The | ||||||
2 | court shall review all
questions of law and fact presented by | ||||||
3 | such record, and shall review
questions of fact in the same | ||||||
4 | manner as questions of fact are reviewed
by the court to | ||||||
5 | determine the reasonableness or lawfulness of the decision
on | ||||||
6 | certiorari proceedings under the Workers' Compensation Act .
| ||||||
7 | (Source: P.A. 87-245.)
| ||||||
8 | (820 ILCS 225/7.18) (from Ch. 48, par. 137.7-18)
| ||||||
9 | Sec. 7.18. In all reviews or appeals under this Act or the | ||||||
10 | Safety Inspection and Education Act , it is the duty of
the | ||||||
11 | Attorney General to represent the Director and defend his | ||||||
12 | decisions
and rules.
| ||||||
13 | (Source: P.A. 87-245.)
| ||||||
14 | (820 ILCS 225/8) (from Ch. 48, par. 137.8)
| ||||||
15 | Sec. 8. The Director shall, in his decision, rule or rules, | ||||||
16 | fix the
effective date thereof; provided, no such decision, | ||||||
17 | rule or rules shall
become effective until 90 days after the | ||||||
18 | entry thereof by the Director,
nor shall any such decision, | ||||||
19 | rule or rules shall not become effective
during the pendency of | ||||||
20 | any proceedings for review or appeal thereof
instituted | ||||||
21 | pursuant to the provisions of this Act in which case such
| ||||||
22 | decision, rule or rules shall not become effective until such | ||||||
23 | review or
appeal, including appeal to the Supreme Court, if | ||||||
24 | any, has been disposed of
by final order and the mandate shall |
| |||||||
| |||||||
1 | have been filed with the Director,
and until a period of time | ||||||
2 | has elapsed after the filing of such
mandate equal to the | ||||||
3 | period of time between the date of the entry of such
decision, | ||||||
4 | rule or rules by the Director and the effective date
as | ||||||
5 | originally fixed by the Director.
| ||||||
6 | (Source: P.A. 87-245.)
| ||||||
7 | (820 ILCS 225/9) (from Ch. 48, par. 137.9)
| ||||||
8 | Sec. 9. The Director of Labor under the Illinois | ||||||
9 | Administrative Procedure Act shall make and publish rules as to | ||||||
10 | his
practice and procedure in carrying out the duties imposed | ||||||
11 | upon the
Department of Labor by this Act or the Safety | ||||||
12 | Inspection and Education Act , which rules shall be deemed prima | ||||||
13 | facie,
reasonable and valid.
| ||||||
14 | (Source: P.A. 87-245.)
| ||||||
15 | (820 ILCS 225/12) (from Ch. 48, par. 137.12)
| ||||||
16 | Sec. 12. The Director of Labor shall make an annual report | ||||||
17 | of his
work under the provisions of this Act and the Safety | ||||||
18 | Inspection and Education Act to the Governor on or before the
| ||||||
19 | first day of February of each year; and a biennial report to | ||||||
20 | the
Legislature on or before the first day of February of each | ||||||
21 | odd-numbered
year.
| ||||||
22 | (Source: P.A. 87-245.)
| ||||||
23 | (820 ILCS 225/14) (from Ch. 48, par. 137.14)
|
| |||||||
| |||||||
1 | Sec. 14. The Director of Labor shall keep a full and | ||||||
2 | complete record of
all proceedings had before him or any of his | ||||||
3 | designees, and all testimony
shall be transcribed into written | ||||||
4 | form
taken by a stenographer appointed by the Director .
The | ||||||
5 | Director shall also keep records which will enable any | ||||||
6 | employer,
employee or their agents, to determine all action | ||||||
7 | taken by the Director
with respect to the subject matter in | ||||||
8 | which such employer and employee
is interested. Such
All such
| ||||||
9 | records shall be purged of personal data that is otherwise | ||||||
10 | required to be held confidential, and the remaining records | ||||||
11 | shall be open to public inspection.
| ||||||
12 | (Source: P.A. 87-245.)
| ||||||
13 | (820 ILCS 225/15) (from Ch. 48, par. 137.15)
| ||||||
14 | Sec. 15. The
At least once each year, the Director of Labor | ||||||
15 | shall publish on a regular basis ,
in printed form, all of the
| ||||||
16 | his rules made pursuant to Section 4 of this Act
and the Safety | ||||||
17 | Inspection and Education Act which are in full force and effect | ||||||
18 | at the time of such publication.
| ||||||
19 | (Source: P.A. 87-245.)
| ||||||
20 | (820 ILCS 225/17) (from Ch. 48, par. 137.17)
| ||||||
21 | Sec. 17. (a) It shall be the duty of the Department of | ||||||
22 | Labor to enforce
the rules of the Director of Labor promulgated | ||||||
23 | by virtue of this Act and the Safety Inspection and Education | ||||||
24 | Act .
|
| |||||||
| |||||||
1 | (b) Any employees or representatives of them who believe | ||||||
2 | that a
violation of a safety or health standard exists that | ||||||
3 | threatens physical
harm, or that an imminent danger exists, | ||||||
4 | upon which the Department of Labor
has failed to issue a notice | ||||||
5 | of violation or take another enforcement
action within a | ||||||
6 | reasonable time after a complaint has been made to the
| ||||||
7 | Department of Labor may request a hearing before the Director | ||||||
8 | of Labor
by filing a written petition, setting forth the | ||||||
9 | details and providing a
copy to the employer or his agent. The | ||||||
10 | Attorney General or state's attorney
upon request of the | ||||||
11 | Director of Labor shall prosecute any violation of any
law | ||||||
12 | which probable cause shall be determined to exist after hearing | ||||||
13 | on the
aforesaid petition.
| ||||||
14 | (Source: P.A. 87-245.)
| ||||||
15 | (820 ILCS 225/22) (from Ch. 48, par. 137.22)
| ||||||
16 | Sec. 22. All information reported to or otherwise obtained | ||||||
17 | by the
Director of Labor or his authorized representative in | ||||||
18 | connection with any
inspection or proceeding under this Act or | ||||||
19 | the Safety Inspection and
Education Act which contains or might | ||||||
20 | reveal a trade secret shall be
considered confidential, except | ||||||
21 | that such information may be disclosed
confidentially to other | ||||||
22 | officers or employees concerned with carrying out
this Act or | ||||||
23 | the Safety Inspection and Education Act or when relevant
to any | ||||||
24 | proceeding under this Act or the Safety Inspection and | ||||||
25 | Education Act . In any such proceeding, the Director of
Labor or |
| |||||||
| |||||||
1 | the court shall issue such orders as may be appropriate, | ||||||
2 | including
the impoundment of files, or portions of files, to | ||||||
3 | protect the
confidentiality of trade secrets.
| ||||||
4 | Any person who shall violate the confidentiality of trade | ||||||
5 | secrets is
guilty of a Class B misdemeanor.
| ||||||
6 | (Source: P.A. 87-245.)
| ||||||
7 | Section 15. The Toxic Substances Disclosure to Employees | ||||||
8 | Act is amended by adding Section 1.5 as follows: | ||||||
9 | (820 ILCS 255/1.5 new) | ||||||
10 | Sec. 1.5. Federal regulations; operation of Act. | ||||||
11 | (a) Except as provided in subsection (b), Sections 2 | ||||||
12 | through 17 of this Act are inoperative on and after the | ||||||
13 | effective date of this amendatory Act of the 95th General | ||||||
14 | Assembly, and the Department of Labor shall instead enforce the | ||||||
15 | Occupational Safety and Health Administration Hazard | ||||||
16 | Communication standards at 29 CFR 1910.1200, as amended.
| ||||||
17 | (b) If at any time the Occupational Safety and Health | ||||||
18 | Administration Hazard Communication standard at 29 CFR | ||||||
19 | 1910.1200 is repealed or revoked, the Director of Labor shall | ||||||
20 | adopt a rule setting forth a determination that this Act should | ||||||
21 | be reviewed and reinstated in order to protect the health and | ||||||
22 | safety of Illinois' public sector workers. On the date such a | ||||||
23 | rule is adopted, this Act shall again become operative.
| ||||||
24 | Section 99. Effective date. This Act takes effect upon |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||