Illinois General Assembly - Full Text of HB3756
Illinois General Assembly

Previous General Assemblies

Full Text of HB3756  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Jaime M. Andrade, Jr.


820 ILCS 219/55
820 ILCS 219/65

    Amends the Occupational Safety and Health Act. Provides that the Director of Labor shall adopt rules necessary to implement the Act, including, but not limited to, rules dealing with the inspection of an employer's establishment. Authorizes the Director to require the attendance and testimony of witnesses and the production of evidence under oath during inspections and investigations. Effective immediately.

LRB099 10181 SXM 30405 b





HB3756LRB099 10181 SXM 30405 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Occupational Safety and Health Act is
5amended by changing Sections 55 and 65 as follows:
6    (820 ILCS 219/55)
7    Sec. 55. Rules generally.
8    (a) The Director, from time to time, shall promulgate rules
9that clearly describe the persons to whom those rules apply and
10that clearly describe the conduct that is required of those
11persons. Each such rule shall, by its terms, be uniform and
12general in its application wherever the subject matter of the
13rule exists in any workplace having employees in the service of
14a public employer. The rules may include rules that, when
15applicable to products which are distributed or used in
16interstate commerce, are required by compelling local
17conditions and do not unduly burden interstate commerce.
18    (b) Any standards or rules promulgated by the Director
19under the Safety Inspection and Education Act or the Health and
20Safety Act that are in full force on the effective date of this
21Act shall become the rules of the Department under this Act.
22This Act does not affect the legality of any such rules in the
23Illinois Administrative Code.



HB3756- 2 -LRB099 10181 SXM 30405 b

1    (c) Any proposed standards or rules filed with the
2Secretary of State by the Director under the Safety Inspection
3and Education Act or the Health and Safety Act that are pending
4in the rulemaking process on the effective date of this Act
5shall be deemed to have been filed by the Director under this
7    (d) As soon as practicable after the effective date of this
8Act, the Director shall revise and clarify the standards or
9rules described in subsections (b) and (c) as necessary to
10reflect the provisions of this Act.
11    (e) The Director of Labor shall adopt such rules as he or
12she may deem necessary to implement the provisions of this Act,
13including, but not limited to, rules dealing with the
14inspection of an employer's establishment.
15(Source: P.A. 98-874, eff. 1-1-15.)
16    (820 ILCS 219/65)
17    Sec. 65. Periodic inspection of workplaces.
18    (a) The Director shall enforce the occupational safety and
19health standards and rules promulgated under this Act and any
20occupational health and safety regulations relating to
21inspection of places of employment, and shall visit and
22inspect, as often as practicable, the places of employment
23covered by this Act.
24    (b) The Director or his or her authorized representative,
25upon presenting appropriate credentials to a public employer's



HB3756- 3 -LRB099 10181 SXM 30405 b

1agent in charge, has the right to enter and inspect all places
2of employment covered by this Act as follows:
3        (1) An inspector may enter without delay and at
4    reasonable times any establishment, construction site, or
5    other area, workplace, or environment where work is
6    performed by an employee of a public employer in order to
7    enforce the occupational safety and health standards
8    adopted under this Act.
9        (2) If a public employer refuses entry to an inspector
10    upon being presented with proper credentials or allows
11    entry but then refuses to permit or hinders the inspection
12    in any way, the inspector shall leave the premises and
13    immediately report the refusal to authorized management
14    within the Division. Authorized management shall notify
15    the Director to initiate the compulsory legal process to
16    obtain entry or obtain a warrant for entry, or both.
17        (3) An inspector may inspect and investigate during
18    regular working hours and at other reasonable times, and
19    within reasonable limits and in a reasonable manner, any
20    workplace described in paragraph (1) and all pertinent
21    conditions, structures, machines, apparatus, devices,
22    equipment, and materials therein, and to question
23    privately the employer or any agent or employee of the
24    employer.
25        (4) The owner, operator, manager, or lessee of any
26    workplace covered by this Act, and his or her agent or



HB3756- 4 -LRB099 10181 SXM 30405 b

1    employee, and any employer affected by this Act shall, when
2    requested by the Division of Occupational Safety and Health
3    or any duly authorized agent of that Division: (i) furnish
4    any information in his or her possession or under his or
5    her control which the Department is authorized to require,
6    (ii) answer truthfully all questions required to be put to
7    him or her, and (iii) cooperate in the making of a proper
8    inspection.
9    (c) In making his or her inspection and investigations
10under this Act, the Director of Labor has the power to require
11the attendance and testimony of witnesses and the production of
12evidence under oath.
13(Source: P.A. 98-874, eff. 1-1-15.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.