HB2449 Enrolled LRB094 06680 DRH 36774 b

1     AN ACT concerning transportation.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 1. Short title. This Act may be cited as the
5 Railroad Employees Medical Treatment Act.
6     Section 5. Definitions. As used in this Act:
7     "Commission" means the Illinois Commerce Commission.
8     "Discipline" means to bring charges against in a
9 disciplinary proceeding, suspend, terminate, or make a note of
10 reprimand on an employee's record.
11     Section 10. Railroad employee access to first aid or
12 medical treatment.
13     (a) A railroad shall make a good faith effort to provide
14 prompt medical attention for a railroad employee who is injured
15 in the course of his or her employment.
16     (b) It is unlawful for a railroad or person employed by a
17 railroad to:
18         (1) deny, delay, or interfere with medical treatment or
19     first aid treatment to an employee of that railroad who has
20     been injured during employment; or
21         (2) discipline or threaten discipline to an employee of
22     a railroad who has been injured during employment for (i)
23     requesting medical or first aid treatment or (ii) following
24     the orders or treatment plan of his or her treating
25     physician.
26     (c) Nothing in this Section shall be construed to require a
27 railroad or railroad employee to perform first aid or medical
28 care.
29     (d) This Section does not prevent an employer from:
30         (1) noting in an employee's record that an injury
31     occurred; or



HB2449 Enrolled - 2 - LRB094 06680 DRH 36774 b

1         (2) offering light duty or an alternate work assignment
2     to an injured employee if the light duty or alternate work
3     assignment does not conflict with the orders or treatment
4     plan of the employee's treating physician.
5     (e) The Commission has exclusive jurisdiction to determine
6 violations of this Section. If, after a proper complaint and
7 hearing, the Commission determines that a violation has
8 occurred, the Commission shall impose, for each violation, a
9 penalty in an amount not exceeding $10,000. This penalty is the
10 exclusive remedy for any violation of this Section. The
11 Commission shall give priority to any complaint alleging a
12 violation of this Section and shall issue its decision as
13 promptly as possible.