Full Text of SB1267 94th General Assembly
SB1267sam001 94TH GENERAL ASSEMBLY
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Sen. Gary Forby
Filed: 5/13/2005
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| AMENDMENT TO SENATE BILL 1267
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| AMENDMENT NO. ______. Amend Senate Bill 1267 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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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| (820 ILCS 220/.02) (from Ch. 48, par. 59.02)
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| Sec. .02. Definitions.
As used in this Act:
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| "Department" means the Department of Labor.
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| "Director" means the Director of Labor.
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| "Division" means the Division of Safety Inspection and | 13 |
| Education of the Department of Labor.
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| (Source: P.A. 87-245.)
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| (820 ILCS 220/2) (from 820 ILCS 220/2, in part)
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| Sec. 2. Powers and duties; inspections.
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| (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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| (b) The Director of Labor or his or her authorized |
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| representatives upon
presenting appropriate credentials to the | 2 |
| owner, operator or agent in
charge is authorized to have the | 3 |
| right of entry and inspections of all
places of all employment | 4 |
| in the State as follows:
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| (1)
1. To enter without delay and at reasonable times | 6 |
| any factory,
plant, establishment, construction site, or | 7 |
| other area, workplace or
environment where work is | 8 |
| performed by an employee of a public
an employer in
order | 9 |
| to enforce such occupational safety and health standards.
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| (2) If the public employer refuses entry upon being | 11 |
| presented proper credentials or allows entry but then | 12 |
| refuses to permit or hinders the inspection in some way, | 13 |
| the inspector shall leave the premises and immediately | 14 |
| report the refusal to authorized management. Authorized | 15 |
| management shall notify the Director of Labor to initiate | 16 |
| the compulsory legal process or obtain a warrant for entry, | 17 |
| or both.
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| (3)
2. To inspect and investigate during regular | 19 |
| working hours and at
other reasonable times, and within | 20 |
| reasonable limits and in a reasonable
manner, any such | 21 |
| place of employment and all pertinent conditions,
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| structures, machines, apparatus, devices, equipment, and | 23 |
| materials
therein, and to question privately any such | 24 |
| employer, owner, operator,
agent or employee.
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| (4)
3. The owner, operator, manager or lessees of any | 26 |
| place affected by
the provisions of this Act and his or her | 27 |
| agent, superintendent,
subordinate or employee, and any | 28 |
| employer affected by such provisions shall
when requested | 29 |
| by the Division of Safety Inspection and Education, or any
| 30 |
| duly authorized agent thereof, furnish any information in | 31 |
| his or her
possession or under his control which the | 32 |
| Department of Labor is authorized
to require, and shall | 33 |
| answer truthfully all questions required to be put to
him, | 34 |
| and shall cooperate in the making of a proper inspection.
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| (5) A person who gives advance notice of an inspection | 2 |
| to be conducted under the authority of this Act without | 3 |
| authority from the Director of Labor, or his or her | 4 |
| authorized representative, commits a Class B misdemeanor.
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| (6)
4. Subject to regulations issued by the Director of | 6 |
| Labor, a
representative of the employer and a | 7 |
| representative authorized by his or
her employees shall be | 8 |
| given an opportunity to accompany the Director of
Labor or | 9 |
| his or her authorized representative during the physical
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| inspection of any workplace under this Section for the | 11 |
| purpose of aiding
such inspection. Where there is no | 12 |
| authorized employee representative the
Director of Labor | 13 |
| or his or her authorized agent shall consult with a
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| reasonable number of employees concerning matters of | 15 |
| health and safety
in the workplace.
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| (7)(A) Whenever and as soon as an inspector concludes | 17 |
| that an imminent danger exists in any place of employment, | 18 |
| the inspector shall inform the affected employees or their | 19 |
| authorized representatives and employers of the danger and | 20 |
| that the inspector is recommending to the Director of Labor | 21 |
| that relief be sought. | 22 |
| (B) Whenever the Director is of the opinion that | 23 |
| imminent danger exists in the working conditions of any | 24 |
| public employee in this State, which condition may | 25 |
| reasonably be expected to cause death or serious physical | 26 |
| harm, the Director may file a complaint in the circuit | 27 |
| court for appropriate relief against an employer and | 28 |
| employee, including an order directing the employer or | 29 |
| employee to cease and desist from the practice creating the | 30 |
| imminent danger and to obtain immediate abatement of the | 31 |
| hazard. | 32 |
| (C) If the Director of Labor arbitrarily or | 33 |
| capriciously fails to seek relief under this Section, any | 34 |
| employee who may be injured by reason of such failure, or |
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| the representative of the employee, may bring an action | 2 |
| against the Director of Labor in the circuit court for the | 3 |
| circuit in which the imminent danger is alleged to exist or | 4 |
| the employer has his or her principal office, for relief by | 5 |
| mandamus to compel the Director of Labor to seek such an | 6 |
| order and for such further relief as may be appropriate.
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| (Source: P.A. 86-820; 87-245.)
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| (820 ILCS 220/2.1 new) (from 820 ILCS 220/2, in part)
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| Sec. 2.1. Complaint inspection procedures. | 10 |
| (a)
5. Any employees or representatives of employees who | 11 |
| believe that a
violation of a safety or health standard exists | 12 |
| or that an imminent
danger exists, may request an inspection by | 13 |
| submitting a written
complaint to the Director of Labor or his | 14 |
| or her authorized representative
setting forth with reasonable | 15 |
| particularity the grounds for the complaint,
and signed by the | 16 |
| employees or representative of employees. | 17 |
| (b) If the Director of Labor or the Director's authorized | 18 |
| representative determines there are no reasonable grounds to | 19 |
| believe that a violation or danger exists, he or she shall | 20 |
| notify the employees or representatives of the employees in | 21 |
| writing of such determination. | 22 |
| (c) If, upon receipt of such complaint, the Director of | 23 |
| Labor or his or her authorized representative determines there | 24 |
| are reasonable grounds to believe that such violation or danger | 25 |
| exists, he or she shall make a special inspection of the | 26 |
| workplace in accordance with the provisions of this Act as soon | 27 |
| as practicable, to determine if such violation or danger | 28 |
| exists.
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| (d) A copy of the
complaint shall be provided the employer | 30 |
| or his or her agent by the
Director of Labor or his or her | 31 |
| authorized representative at the
time of inspection, except | 32 |
| that, upon the request of the person making
such complaint, his | 33 |
| name and the name of individual employees referred
to therein, |
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| shall not appear in such copy or on any record published,
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| released, or made available by the Director of Labor or his or | 3 |
| her authorized
representative. | 4 |
| (e) Nonformal complaints shall be handled by an authorized | 5 |
| representative of the Director of Labor and, based upon the | 6 |
| severity and legitimacy of the complaint, the authorized | 7 |
| representative of the Director of Labor shall either schedule a | 8 |
| complaint inspection or issue a letter to the public employer | 9 |
| stating the concern.
If upon receipt of such complaint, the | 10 |
| Director of Labor
or his or her authorized representative | 11 |
| determines there are reasonable grounds
to believe that such | 12 |
| violation or danger exists, he or she shall make a special
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| inspection of the workplace in accordance with the provisions | 14 |
| of this
Act as soon as practicable, to determine if such | 15 |
| violation or danger
exists. If the Director of Labor or his or | 16 |
| her authorized representative
determines there are no | 17 |
| reasonable grounds to believe that a violation
or danger | 18 |
| exists, he or she shall notify the employees or representatives
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| of the employees in writing of such determination.
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| (c) Any person who shall give advance notice of any | 21 |
| inspection to be
conducted under the authority of this Act | 22 |
| without authority from the
Director of Labor, or his or her | 23 |
| authorized representative, upon conviction,
shall be guilty of | 24 |
| a Class B misdemeanor. | 25 |
| (Source: P.A. 86-820; 87-245.) | 26 |
| (820 ILCS 220/2.2 new)
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| Sec. 2.2. Discrimination prohibited. | 28 |
| (a) A person may not discharge or in any way discriminate | 29 |
| against any employee because the employee has filed a complaint | 30 |
| or instituted or caused to be instituted any proceeding under | 31 |
| or related to this Act or the Health and Safety Act or has | 32 |
| testified or is about to testify in any such proceeding or | 33 |
| because of the exercise by the employee on behalf of himself or |
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| herself or others of any right afforded by this Act or the | 2 |
| 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 |
| the violation occurs, file a complaint with the Director of | 7 |
| Labor alleging the discrimination. Upon request, the Director | 8 |
| of Labor shall withhold the name of the complainant from the | 9 |
| employer. Upon receipt of the complaint, the Director of Labor | 10 |
| shall cause such investigation to be made as the Director deems | 11 |
| appropriate. If, after the investigation, the Director of Labor | 12 |
| determines that the provisions of this Section have been | 13 |
| violated, the Director shall, within 120 days after receipt of | 14 |
| the complaint, bring an action in the circuit court for | 15 |
| appropriate relief, including rehiring or reinstatement of the | 16 |
| employee to his or her former position with back pay, after | 17 |
| taking into account any interim earnings of the employee. | 18 |
| (c) Within 90 days of the receipt of a complaint filed | 19 |
| under this Section, the Director of Labor shall notify the | 20 |
| complainant of the Director's determination under subsection | 21 |
| (b) of this Section. | 22 |
| (820 ILCS 220/2.3 new) (from 820 ILCS 220/2, in part)
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| Sec. 2.3. Methods of compelling compliance. | 24 |
| (a) Citations.
(d) 1.
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| (1) If, upon inspection or investigation, the Director | 26 |
| of Labor
or his or her authorized representative believes | 27 |
| that an employer has violated
a requirement of Section 3 of | 28 |
| the Health and Safety Act, or a standard,
rule, regulation | 29 |
| or order promulgated pursuant to this Act or the Health
and | 30 |
| Safety Act, he or she shall with reasonable promptness | 31 |
| issue a citation to
the employer. Each citation shall be in | 32 |
| writing; describe with
particularity the nature of the | 33 |
| violation and include a reference to the
provision of the |
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| Act, standard, rule, regulation, or order alleged to
have | 2 |
| been violated; and fix a reasonable time for the abatement | 3 |
| of the
violation.
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| (2) The Director of Labor may prescribe procedures for | 5 |
| the issuance of a
notice of de minimis violations which | 6 |
| have no direct or immediate
relationship to safety or | 7 |
| health.
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| (3) Each citation issued under this Section, or a copy | 9 |
| or copies thereof, shall be prominently posted as | 10 |
| prescribed in regulations issued by the Director of Labor | 11 |
| at or near the place at which the violation occurred.
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| (4)
2. Citations shall be served on the employer, | 13 |
| owner, operator,
manager, or agent by delivering an exact | 14 |
| copy to the person upon whom
the service is to be had, or | 15 |
| by leaving a copy at his or her usual place of
business or | 16 |
| abode, or by sending a copy thereof by registered mail to
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| his place of business.
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| 3. Each citation issued under this Section, or a copy | 19 |
| or copies
thereof, shall be prominently posted as | 20 |
| prescribed in regulations issued
by the Director of Labor | 21 |
| at or near the place the violation occurred.
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| (5)
4. No citation may be issued under this Section | 23 |
| after the expiration
of 6 months following the occurrence | 24 |
| of any violation.
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| (6)
5. If, after an inspection, the Director of Labor | 26 |
| issues a citation,
he or she shall within 5 days after the | 27 |
| issuance of the citation, notify
the employer by certified | 28 |
| mail of the penalty, if any, proposed to be
assessed for | 29 |
| the violation set forth in the citation.
| 30 |
| (7)
6. If the Director of Labor has reason to believe | 31 |
| that an employer
has failed to correct a violation for | 32 |
| which a citation has been issued
within the period | 33 |
| permitted for its correction, the Director of Labor
shall | 34 |
| notify the employer by certified mail of such failure and |
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| of the
monetary penalty proposed to be assessed by reason | 2 |
| of such failure.
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| (8) The public entity may submit in writing data | 4 |
| relating to the abatement of a hazard to be considered by | 5 |
| an authorized representative of the Director of Labor. The | 6 |
| authorized representative of the Director of Labor shall | 7 |
| notify the interested parties if such data will be used to | 8 |
| modify an abatement order.
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| (b) Proposed violations.
| 10 |
| (1) Civil penalties.
7. Civil penalties under | 11 |
| subparagraphs (A) through (E)
paragraphs A., B., C. and D. | 12 |
| may be
assessed by the Director of Labor as part of the | 13 |
| citation procedure as
follows:
| 14 |
| (A) Any public employer who repeatedly violates | 15 |
| the requirements of the Health and Safety Act or any | 16 |
| standard, or rule, or order pursuant to that Act and | 17 |
| this Act may be assessed a civil penalty of not more | 18 |
| than $10,000.
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| A. Any employer who has received a citation for | 20 |
| violations of any
standard, or rule, or order not of a | 21 |
| serious nature may be assessed a
civil penalty of up to | 22 |
| $1,000 for each such violation.
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| (B)
B. Any employer who has received a citation for | 24 |
| a serious violation
of the requirements of Section 3 of | 25 |
| the Health and Safety Act or any
standard, or rule, or | 26 |
| order pursuant to that Act and this Act shall be
| 27 |
| assessed a civil penalty up to $1,000 for each such | 28 |
| violation.
| 29 |
| For purposes of this Section, a serious violation | 30 |
| shall be deemed to exist in a place of employment if | 31 |
| there is a substantial probability that death or | 32 |
| serious physical harm could result from a condition | 33 |
| which exists, or from one or more practices, means, | 34 |
| methods, operations, or processes which have been |
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| adopted or are in use in such place of employment | 2 |
| unless the employer did not know and could not, with | 3 |
| the exercise of reasonable diligence, have known of the | 4 |
| presence of the violation as specifically determined. | 5 |
| (C) Any public employer who has received a citation | 6 |
| for violations of any standard, or rule, or order not | 7 |
| of a serious nature may be assessed a civil penalty of | 8 |
| up to $1,000 for each such violation.
| 9 |
| (D)
C. Any public employer who fails to correct a | 10 |
| violation for which a
citation has been issued within | 11 |
| the period permitted may be assessed a
civil penalty of | 12 |
| up to $1,000 for each day the violation continues.
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| (E) Any public employer who intentionally violates | 14 |
| the requirements of the Health and Safety Act or any | 15 |
| standard, or rule, or order pursuant to this Act or | 16 |
| demonstrates plain indifference to its requirements | 17 |
| shall be issued a willful violation and may be assessed | 18 |
| a civil penalty of not more than $10,000. | 19 |
| (2) Criminal penalty. Any public employer who | 20 |
| willfully violates any standard, rule, or order is guilty | 21 |
| of a Class 4 felony if that violation causes death to any | 22 |
| employee. | 23 |
| (3) Assessment and reduction of penalties. Any penalty | 24 |
| may be reduced by the Director of Labor or the Director's | 25 |
| authorized representative by as much as 95% depending upon | 26 |
| the public employer's "good faith", "size of business", and | 27 |
| "history of previous violations". Up to 60% reduction is | 28 |
| permitted for size, up to 25% reduction is permitted for | 29 |
| for good faith, and up to 10% reduction is permitted for | 30 |
| history.
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| D. Any employer who willfully or repeatedly violates the
| 32 |
| requirements of Section 3 of the Health and Safety Act or any | 33 |
| standard,
or rule, or order pursuant to that Act and this Act | 34 |
| may be assessed a
civil penalty of not more than $10,000.
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| For purposes of this Section, a serious violation shall be | 2 |
| deemed to
exist in a place of employment if there is a | 3 |
| substantial probability
that death or serious physical harm | 4 |
| could result from a condition which
exists, or from one or more | 5 |
| practices, means, methods, operations, or
processes which have | 6 |
| been adopted or are in use in such place of
employment unless | 7 |
| the employer did not know and could not, with the
exercise of | 8 |
| reasonable diligence, have known of the presence of the
| 9 |
| violation as specifically determined.
| 10 |
| (Source: P.A. 86-820; 87-245.) | 11 |
| (820 ILCS 220/2.4 new) (from 820 ILCS 220/2, in part)
| 12 |
| Sec. 2.4. Contested cases. | 13 |
| (a)
8. An employer, firm or corporation, or an agent, | 14 |
| manager or
superintendent or a person for himself or herself or | 15 |
| for other
such person, firm or corporation, after receiving a | 16 |
| citation, a proposed
assessment of penalty, or a notification | 17 |
| of failure to correct violation
from the Director of Labor or | 18 |
| his or her authorized agent that he or she is
in violation of | 19 |
| this Act, or of any occupational safety or health standard
or | 20 |
| rule, may within 15 working days from receipt of the notice of | 21 |
| citation
or penalty request in writing a hearing before the | 22 |
| Director for an appeal
from the citation order, notice of | 23 |
| penalty, or abatement period.
| 24 |
| (b) Any employee or representative of an employee may | 25 |
| within 15 working days
of the issuance of a citation file a | 26 |
| request in writing for a hearing
before the Director for an | 27 |
| appeal from the citation on the
ground that the period of time | 28 |
| fixed in the citation for the abatement
of the violation is | 29 |
| unreasonable.
| 30 |
| (c)(1) The Director shall schedule a hearing within 15 | 31 |
| calendar days after
receipt of such request for an appeal from | 32 |
| the citation order and shall
notify all interested parties of | 33 |
| such hearing. Such hearing shall be held
no later than 45 |
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| calendar days after the date of receipt of such appeal
request.
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| (2) The Director shall afford a hearing to the employer or | 3 |
| his or her
representatives, at which hearing the employer shall | 4 |
| state his or her
objections to such citation and provide | 5 |
| evidence why such citation shall
not stand as entered. The | 6 |
| Director of Labor or his or her representative
shall be given | 7 |
| the opportunity to state his or her reasons for entering
such | 8 |
| violation citation. Affected employees shall be provided an
| 9 |
| opportunity to participate as parties to hearings under the | 10 |
| rules of
procedure prescribed by the Director.
| 11 |
| (3) The Director, in consideration of the evidence | 12 |
| presented
at the formal hearing, shall in accordance with his | 13 |
| rules enter a final decision
and order no later than 15 | 14 |
| calendar days after such hearing affirming,
modifying or | 15 |
| vacating the Director's citation or proposed penalty, or
| 16 |
| directing other appropriate relief.
| 17 |
| (4) An informal review may be conducted by an authorized | 18 |
| representative of the Director of Labor who is authorized to | 19 |
| change abatement dates, to reclassify violations (such as | 20 |
| willful to serious, serious to other-than-serious), and to | 21 |
| modify or withdraw a penalty, a citation, or a citation item if | 22 |
| the employer presents evidence during the informal conference | 23 |
| which convinces the authorized representative of the Director | 24 |
| of Labor that the changes are justified.
| 25 |
| (5) Appeal.
| 26 |
| (A) Any party adversely affected by a final violation | 27 |
| order or determination
of the Director may obtain judicial | 28 |
| review by filing a complaint for review
within 35 days | 29 |
| after the entry of the order or other final action
| 30 |
| complained of, pursuant to the provisions of the | 31 |
| Administrative Review Law,
all amendments and | 32 |
| modifications thereof, and the rules adopted pursuant
| 33 |
| thereto.
| 34 |
| (B) If no appeal is taken within 35 days the order of |
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| the Director shall
become final.
| 2 |
| (C) Judicial reviews filed under this Section shall be | 3 |
| heard
expeditiously.
| 4 |
| (6) The Director of Labor has the power: | 5 |
| (A) To issue subpoenas for and compel the attendance of | 6 |
| witnesses and the production of pertinent books, papers, | 7 |
| documents or other evidence. | 8 |
| (B) To hear testimony and receive evidence and to take | 9 |
| or cause to be taken, depositions of witnesses residing | 10 |
| within or without this State in the manner prescribed by | 11 |
| law for depositions in civil cases in the circuit court. | 12 |
| Subpoenas and commissions to take testimony shall be under | 13 |
| seal of the Director of Labor. | 14 |
| Service of subpoenas may be made by any sheriff or any | 15 |
| other person. The circuit court for the county where any | 16 |
| hearing is pending, upon application of the Director of Labor, | 17 |
| may, in the court's discretion, compel the attendance of | 18 |
| witnesses, the production of pertinent books, papers, records, | 19 |
| or documents and the giving of testimony before the Director of | 20 |
| Labor by an attachment proceeding, as for contempt, in the same | 21 |
| manner as the production of evidence may be compelled before | 22 |
| the court.
| 23 |
| 9. A. No person shall discharge or in any way discriminate | 24 |
| against
any employee because such employee has filed a | 25 |
| complaint or instituted
or caused to be instituted any | 26 |
| proceeding under or related to this Act
or the Health and | 27 |
| Safety Act or has testified or is about to testify in
any such | 28 |
| proceeding or because of the exercise by such employee on | 29 |
| behalf
of himself or herself or others of any right afforded by | 30 |
| this Act or the
Health and Safety Act.
| 31 |
| B. Any employee who believes that he or she has been | 32 |
| discharged or
otherwise discriminated against by any person in | 33 |
| violation of this
Section may, within 30 calendar days after | 34 |
| such violation occurs, file a
complaint with the Director of |
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| Labor alleging such discrimination. Upon
request, the Director | 2 |
| of Labor shall withhold the name of the
complainant from the | 3 |
| employer. Upon receipt of such complaint, the
Director of Labor | 4 |
| shall cause such investigation to be made as he or she deems
| 5 |
| appropriate. If after such investigation, the Director of Labor
| 6 |
| determines that the provisions of this Section have been | 7 |
| violated, he or she
shall, within 120 days after receipt of the | 8 |
| complaint, bring
an action in the circuit court for appropriate | 9 |
| relief, including
rehiring, or reinstatement of the employee to | 10 |
| his or her former position with
back pay, after taking into | 11 |
| account any interim earnings of the employee.
| 12 |
| C. Within 90 days of the receipt of a complaint filed under | 13 |
| this
Section the Director of Labor shall notify the complainant | 14 |
| of his or her
determination under subparagraph 9B. of this | 15 |
| Section.
| 16 |
| (e) Whenever the Director is of the opinion that imminent | 17 |
| danger
exists in the working conditions of any employee in this | 18 |
| State, which
condition can reasonably be expected to cause | 19 |
| death or serious physical
harm, the Director may file a | 20 |
| complaint in the circuit court for
appropriate relief against | 21 |
| an employer and employee, including an order
directing the | 22 |
| employer or employee to cease and desist from the practice
| 23 |
| creating the imminent danger.
| 24 |
| Whenever and as soon as an inspector concludes that an | 25 |
| imminent
danger exists in any place of employment, he or she | 26 |
| shall inform the affected
employees or their authorized | 27 |
| representatives and employers of the
danger and that he or she | 28 |
| is recommending to the Director of Labor that relief
be sought.
| 29 |
| If the Director of Labor arbitrarily or capriciously fails | 30 |
| to seek
relief under this Section, any employee who may be | 31 |
| injured by reason of
such failure, or the representative of | 32 |
| such employees, may bring an
action against the Director of | 33 |
| Labor in the circuit court for the
circuit in which the | 34 |
| imminent danger is alleged to exist or the employer
has his or |
|
|
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| 1 |
| her principal office, for relief by mandamus to compel the
| 2 |
| Director of Labor to seek such an order and for such further | 3 |
| relief as
may be appropriate.
| 4 |
| (Source: P.A. 86-820; 87-245.) | 5 |
| (820 ILCS 220/2.5 new)
| 6 |
| Sec. 2.5. Employee access to information. | 7 |
| (a) The Director of Labor shall issue regulations requiring | 8 |
| employers to maintain accurate records of employee exposures to | 9 |
| potentially toxic materials or harmful physical agents which | 10 |
| are required to be monitored or measured under the Health and | 11 |
| Safety Act. | 12 |
| (1) The regulations shall provide employees or their | 13 |
| representatives with an opportunity to observe such | 14 |
| monitoring or measuring, and to have access to the records | 15 |
| thereof. | 16 |
| (2) The regulations shall also make appropriate | 17 |
| provisions for each employee or former employee to have | 18 |
| access to such records as will indicate his or her own | 19 |
| exposure to toxic materials or harmful physical agents. | 20 |
| (3) Each employer shall promptly notify any employee | 21 |
| who has been or is being exposed to toxic materials or | 22 |
| harmful physical agents in concentrations or at levels | 23 |
| which exceed those prescribed by an occupational safety and | 24 |
| health standard and shall inform any employee who is being | 25 |
| thus exposed of the corrective action being taken. | 26 |
| (b) The Director of Labor shall also issue regulations | 27 |
| requiring that employers, through posting of notices or other | 28 |
| appropriate means, keep their employees informed of their | 29 |
| protections and obligations under these Acts, including the | 30 |
| provisions of applicable standards. | 31 |
| (820 ILCS 220/2.6 new)
| 32 |
| Sec. 2.6. Other prohibited actions and sanctions. |
|
|
|
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| (a) Advance notice. A person who gives advance notice of | 2 |
| any inspection to be conducted under the authority of this Act | 3 |
| without authority from the Director of Labor, or his or her | 4 |
| authorized representative, commits a Class B misdemeanor. | 5 |
| (b) False statements. A person who knowingly makes a false | 6 |
| statement, representation, or certification in any | 7 |
| application, record, report, plan, or other document required | 8 |
| pursuant to this Act commits a Class 4 felony. | 9 |
| (c) Violation of posting requirements. A public employer | 10 |
| who violates any of the required posting requirements is | 11 |
| subject to the following citations and proposed penalty | 12 |
| structure: | 13 |
| (1) Job Safety & Health Poster: an other-than-serious | 14 |
| citation with a proposed penalty of $1,000. | 15 |
| (2) Annual Summary of Injuries/Illnesses: an | 16 |
| other-than-serious citation and a proposed penalty of | 17 |
| $1,000 even if there are no recordable injuries or | 18 |
| illnesses. | 19 |
| (3) Citation: an other-than serious citation and a | 20 |
| proposed penalty of $1,000. | 21 |
| (d) All information reported to or otherwise obtained by | 22 |
| the Director of Labor or the Director's authorized | 23 |
| representative in connection with any inspection or proceeding | 24 |
| under this Act or the Health and Safety Act which contains or | 25 |
| might reveal a trade secret shall be considered confidential, | 26 |
| except that such information may be disclosed confidentially to | 27 |
| other officers or employees concerned with carrying out this | 28 |
| Act or the Health and Safety Act or when relevant to any | 29 |
| proceeding under this Act. In any such proceeding, the Director | 30 |
| of Labor or the court shall issue such orders as may be | 31 |
| appropriate, including the impoundment of files or portions of | 32 |
| files, to protect the confidentiality of trade secrets.
A | 33 |
| person who violates the confidentiality of trade secrets | 34 |
| commits a Class B misdemeanor. |
|
|
|
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| 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. |
|
|
|
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| (e) The Department shall provide support services for any | 2 |
| public employer who needs assistance with the public employer's | 3 |
| self-inspection programs.
The
Department may furnish safety | 4 |
| education material and literature and may
advise and cooperate | 5 |
| with employers and organizations and groups of
employees in the | 6 |
| conduct of safety education programs and in the
observation of | 7 |
| safety practices. The Department shall through the
Division | 8 |
| enforce the provisions of this Act, and any other law relating
| 9 |
| to the inspection of places of employment in the State. | 10 |
| (Source: P.A. 86-820; 87-245.) | 11 |
| (820 ILCS 220/2.9 new)
| 12 |
| Sec. 2.9. Laboratory services. The Department shall enlist | 13 |
| the services of certified laboratories to provide analysis and | 14 |
| interpretation of results via contractual services. | 15 |
| (820 ILCS 220/2.10 new) (from 820 ILCS 220/2, in part)
| 16 |
| Sec. 2.10. Adoption of rules; designation of personnel to | 17 |
| hear evidence in
disputed matters. | 18 |
| (a) The Director of Labor shall adopt such rules and | 19 |
| regulations as he or she
may deem necessary to implement the | 20 |
| provisions of this Act, including,
but not limited to, rules | 21 |
| and regulations dealing with: (1) the inspection
of an | 22 |
| employer's establishment and (2) the designation of proper | 23 |
| parties,
pleadings, notice, discovery, the issuance of | 24 |
| subpoenas, transcripts, and
oral argument.
| 25 |
| All information reported to or otherwise obtained by the | 26 |
| Director of
Labor or his or her authorized representative in | 27 |
| connection with any
inspection or proceeding under this Act or | 28 |
| the Health and Safety Act, which
contains or might reveal a | 29 |
| trade secret shall be considered confidential,
except that such | 30 |
| information may be disclosed confidentially to other
officers | 31 |
| or employees concerned with carrying out this Act or the Health
| 32 |
| and Safety Act or when relevant to any proceeding under this |
|
|
|
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| 1 |
| Act. In any
such proceeding, the Director of Labor or the court | 2 |
| shall issue such orders
as may be appropriate, including the | 3 |
| impoundment of files, or portions of
files, to protect the | 4 |
| confidentiality of trade secrets.
| 5 |
| Any person who shall violate the confidentiality of trade | 6 |
| secrets
shall be guilty of a Class B misdemeanor.
| 7 |
| (b) The Director of Labor may designate personnel to hear | 8 |
| evidence in
disputed matters.
| 9 |
| (h) Any employer who willfully violates any standard, rule | 10 |
| or
order, if that violation caused death to any employee,
shall | 11 |
| be guilty of a Class 4 felony.
| 12 |
| (i) Whoever knowingly makes a false statement, | 13 |
| representation, or
certification in any application, record, | 14 |
| report, plan or other document
required pursuant to this Act, | 15 |
| shall be guilty of a Class 4 felony.
| 16 |
| (j) The Director of Labor shall also issue regulations | 17 |
| requiring
that employers, through posting of notices or other | 18 |
| appropriate means,
keep their employees informed of their | 19 |
| protections and obligations under
these Acts, including the | 20 |
| provisions of applicable standards.
| 21 |
| (k) The Director of Labor shall issue regulations requiring | 22 |
| employers to
maintain accurate records of employee exposures to | 23 |
| potentially toxic
material or harmful physical agents which are | 24 |
| required to be monitored or
measured under the Health and | 25 |
| Safety Act. Such regulations shall provide
employees or their | 26 |
| representatives with an opportunity to observe such
monitoring | 27 |
| or measuring, and to have access to the records thereof. Such
| 28 |
| regulations shall also make appropriate provisions for each | 29 |
| employee or
former employee to have access to such records as | 30 |
| will indicate his or her
own exposure to toxic materials or | 31 |
| harmful physical agents. Each employer
shall promptly notify | 32 |
| any employee who has been or is being exposed to
toxic | 33 |
| materials or harmful physical agents in concentrations or at | 34 |
| levels
which exceed those prescribed by an Illinois |
|
|
|
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| 1 |
| occupational safety and health
standard and shall inform any | 2 |
| employee who is being thus exposed of the
corrective action | 3 |
| being taken. | 4 |
| (Source: P.A. 86-820; 87-245.)
| 5 |
| Section 10. The Health and Safety Act is amended by | 6 |
| changing Section 2 and changing and resectioning Section 4 as | 7 |
| follows:
| 8 |
| (820 ILCS 225/2) (from Ch. 48, par. 137.2)
| 9 |
| Sec. 2.
| 10 |
| This Act shall apply to all public employers engaged in any | 11 |
| occupation,
business or enterprise in this State, and their | 12 |
| employees, including the
State of Illinois and its employees | 13 |
| and all political subdivisions and its
employees, except that | 14 |
| nothing in this Act shall apply to working
conditions of | 15 |
| employees with respect to which Federal agencies, and State
| 16 |
| agencies acting under Section 274 of the Atomic Energy Act of | 17 |
| 1954, as
amended (42 U.S.C. 2021), exercise statutory authority | 18 |
| to prescribe or
enforce standards or regulations affecting | 19 |
| occupational safety and health.
Any regulations in excess of | 20 |
| applicable Federal standards shall, before
being promulgated, | 21 |
| be the subject of hearings as required by this Act.
| 22 |
| (Source: P.A. 78-867.)
| 23 |
| (820 ILCS 225/4) (from 820 ILCS 225/4, in part)
| 24 |
| Sec. 4. Records and reports;
work-related deaths, | 25 |
| injuries, and illnesses.
| 26 |
| (a) The Director shall prescribe rules requiring
employers | 27 |
| to maintain accurate records of, and to make reports on,
| 28 |
| work-related deaths, injuries and illnesses, other than minor | 29 |
| injuries
requiring only first aid treatment which do not | 30 |
| involve medical
treatment, loss of consciousness, restriction | 31 |
| of work or motion, or
transfer to another job. Such rules shall |
|
|
|
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|
| 1 |
| specifically include all of
the reporting provisions of Section | 2 |
| 6 of the Workers' Compensation Act
and Section 6 of the | 3 |
| Workers' Occupational Diseases Act.
| 4 |
| (b) Such records shall be available to any State agency | 5 |
| requiring such
information.
| 6 |
| (c) All reports filed hereunder shall be confidential and | 7 |
| any person
having access to such records filed with the | 8 |
| Director as
herein required, who shall release any information | 9 |
| therein contained
including the names or otherwise identify any | 10 |
| persons sustaining
injuries or disabilities, or give access to | 11 |
| such information to any
unauthorized person, shall be subject | 12 |
| to discipline or discharge, and in
addition shall be guilty of | 13 |
| a Class B misdemeanor.
| 14 |
| (Source: P.A. 87-245.)
| 15 |
| (820 ILCS 225/4.1 new) (from 820 ILCS 225/4, in part)
| 16 |
| Sec. 4.1. Adoption of federal safety and health standards | 17 |
| as rules. | 18 |
| (a)
(d) All federal occupational safety and health | 19 |
| standards which the
United States Secretary of Labor has | 20 |
| heretofore promulgated, modified or
revoked in accordance with | 21 |
| the Federal Occupational Safety and Health
Act of 1970, shall | 22 |
| be and are hereby made rules of the Director unless the
| 23 |
| Director shall make, promulgate, and publish an alternate rule | 24 |
| at least as
effective in providing safe and healthful | 25 |
| employment and places of
employment as a federal standard. | 26 |
| Prior to the development and promulgation of alternate | 27 |
| standards or the modification or revocation of existing | 28 |
| standards, the Director must consider factual information | 29 |
| including: | 30 |
| (1) Expert technical knowledge. | 31 |
| (2) Input from interested persons including employers, | 32 |
| employees, recognized standards-producing organizations, | 33 |
| and the public.
|
|
|
|
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| 1 |
| (b) All federal occupational safety and health standards | 2 |
| which the United
States Secretary of Labor shall hereafter | 3 |
| promulgate, modify or revoke
in accordance with the Federal | 4 |
| Occupational Safety and Health Act of
1970 shall become the | 5 |
| rules of the Department 6 months
60 days after
their federal | 6 |
| effective date, unless there shall have been in effect in
this | 7 |
| State at the time of the promulgation, modification or | 8 |
| revocation
of such rule an alternate State rule at least as | 9 |
| effective in providing
safe and healthful employment and places | 10 |
| of employment as a federal
standard. However, such rule shall | 11 |
| not become effective until the
following requirements have been | 12 |
| met:
| 13 |
| (1) The Department shall within 45 days after the | 14 |
| federal
effective date of such rule, publish in the | 15 |
| "Illinois Occupational
Safety and Health Bulletin" the | 16 |
| provisions of such rule and in addition
thereto shall file | 17 |
| with the office of the Secretary of State in
Springfield, | 18 |
| Illinois, a certified copy of such rule as provided in "The
| 19 |
| Illinois Administrative Procedure Act", approved August | 20 |
| 22, 1975, as
amended; or
| 21 |
| (2) In the event of the Department's failure to publish
| 22 |
| or file a certified copy with the Secretary of State, any | 23 |
| resident of
the State of Illinois may upon 5 days written | 24 |
| notice to the Director
publish such rule in one or more | 25 |
| newspapers of general circulation and
file a certified copy | 26 |
| thereof with the office of the Secretary of State
in | 27 |
| Springfield, Illinois, whereupon such rule shall become | 28 |
| effective
provided that in no event shall such effective | 29 |
| date be less than 60 days
after the federal effective date.
| 30 |
| (c) The Director of Labor may promulgate emergency | 31 |
| temporary standards or rules to take effect immediately by | 32 |
| filing such rule or rules with the Illinois Secretary of State | 33 |
| providing that the Director of Labor shall first expressly | 34 |
| determine: |
|
|
|
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| 1 |
| (1) that the employees are exposed to grave danger from | 2 |
| exposure to substances or agents determined to be toxic or | 3 |
| physically harmful or from new hazards; and | 4 |
| (2) that such emergency standard is necessary to | 5 |
| protect employees from such danger. | 6 |
| The Director of Labor shall adopt emergency temporary | 7 |
| standards promulgated by the federal Occupational Safety and | 8 |
| Health Administration within 30 days of federal notice.
Such | 9 |
| temporary emergency standards shall be effective until | 10 |
| superseded by a permanent standard but in no event for more | 11 |
| than 6 months from the date of its publication.
The publication | 12 |
| of such temporary emergency standards shall be deemed to be a | 13 |
| petition to the Director of Labor for the promulgation of a | 14 |
| permanent standard and shall be deemed to be filed with the | 15 |
| Director of Labor on the date of its publication and the | 16 |
| proceeding for the permanent promulgation of the rule shall be | 17 |
| pursued in accordance with the provisions of this Act. | 18 |
| (d)(1) Any standard promulgated under this Act shall | 19 |
| prescribe the use of labels or other appropriate forms of | 20 |
| warning as are necessary to ensure that employees are apprised | 21 |
| of all hazards to which they are exposed, relevant symptoms and | 22 |
| appropriate emergency treatment, and proper conditions and | 23 |
| precautions of safe use or exposure. | 24 |
| (2) Where appropriate, such standard shall also prescribe | 25 |
| suitable protective equipment and control or technological | 26 |
| procedures to be used in connection with such hazards and shall | 27 |
| provide for monitoring or measuring employee exposure at such | 28 |
| locations and intervals, and in such manner as may be necessary | 29 |
| for the protection of employees. | 30 |
| (3) In addition, where appropriate, any such standard shall | 31 |
| prescribe the type and frequency of medical examinations or | 32 |
| other tests which shall be made available, by the employer or | 33 |
| at the employer's cost, to employees exposed to such hazards in | 34 |
| order to most effectively determine whether the health of such |
|
|
|
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| 1 |
| employees is adversely affected by such exposure. The results | 2 |
| of such examinations or tests shall be furnished by the | 3 |
| employer only to the Department of Labor, or at the direction | 4 |
| of the Department to authorized medical personnel and at the | 5 |
| request of the employee to the employee's physician. | 6 |
| (4) The Director of Labor, in promulgating standards | 7 |
| dealing with toxic materials or harmful physical agents under | 8 |
| this subsection, shall set the standard which most adequately | 9 |
| ensures, to the extent feasible, on the basis of the best | 10 |
| available evidence, that no employee will suffer material | 11 |
| impairment of health or functional capacity even if such | 12 |
| employee has regular exposure to the hazard dealt with by such | 13 |
| standard for the period of the employee's working life. | 14 |
| (5) Development of standards under this subsection shall be | 15 |
| based upon research, demonstrations, experiments, and such | 16 |
| other information as may be appropriate. In addition to the | 17 |
| attainment of the highest degree of health and safety | 18 |
| protection for the employee, other considerations shall be the | 19 |
| latest available scientific data in the field, the feasibility | 20 |
| of the standards, and experience gained under this and other | 21 |
| health and safety laws. Whenever practicable, the standard | 22 |
| promulgated shall be expressed in terms of objective criteria | 23 |
| and of the performance desired.
| 24 |
| (Source: P.A. 87-245.) | 25 |
| (820 ILCS 225/4.2 new) (from 820 ILCS 225/4, in part)
| 26 |
| Sec. 4.2. Variances. | 27 |
| (a) The Director of Labor has the authority to grant either | 28 |
| temporary or permanent variances from any of the State | 29 |
| standards upon application by a public employer. Any variance | 30 |
| from a State health and safety standard may have only future | 31 |
| effect.
| 32 |
| (b)
(e) Any public employer may apply to the
Director of | 33 |
| Labor for a temporary order granting a variance from a
standard |
|
|
|
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| 1 |
| or any provision thereof promulgated under this Act. | 2 |
| (1) Such
temporary order shall be granted only if the | 3 |
| employer files an
application which meets the requirements | 4 |
| of paragraph (1) of this subsection
(b)
(e) and | 5 |
| establishes :
| 6 |
| (A) that he is unable to comply
with a standard by | 7 |
| its effective date because of unavailability of
| 8 |
| professional or technical personnel or of materials | 9 |
| and equipment needed
to come into compliance with the | 10 |
| standard or because necessary
construction or | 11 |
| alteration of facilities cannot be completed by the
| 12 |
| effective date; | 13 |
| (B) that he is taking all available steps to | 14 |
| safeguard his
employees against the hazards covered by | 15 |
| the standard; and | 16 |
| (C) that he has
an effective program for coming | 17 |
| into compliance with a standard as
quickly as | 18 |
| practicable. | 19 |
| Any temporary order issued under this Section
shall | 20 |
| prescribe the practices, means, methods, operations and | 21 |
| processes
which the employer must adopt and use while the | 22 |
| order is in effect and
state in detail his program for | 23 |
| coming into compliance with the
standard. | 24 |
| (2) Such a temporary order may be granted only after | 25 |
| notice to
employees and an opportunity for a hearing. | 26 |
| However, in cases involving
only documentary evidence in | 27 |
| support of the application for a temporary
variance and in | 28 |
| which no objection is made or hearing requested by the
| 29 |
| employees or their representative, the Director of Labor | 30 |
| may issue a
temporary variance in accordance with this Act. | 31 |
| (3) In the event the
application is contested or a | 32 |
| hearing requested, the application shall
be heard and | 33 |
| determined by the Director. | 34 |
| (4) No order for a
temporary variance may be in effect |
|
|
|
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| 1 |
| for longer than the period needed by
the employer to | 2 |
| achieve compliance with the standard or one year,
whichever | 3 |
| is shorter, except that such an order may be renewed not | 4 |
| more
than twice, so long as the requirements of this | 5 |
| paragraph are met and if
an application for renewal is | 6 |
| filed at least 90 days prior to the
expiration date of the | 7 |
| order. No interim renewal of an order may remain in effect | 8 |
| for longer than 180 days.
| 9 |
| (5)
(1) An application for a temporary order as herein | 10 |
| provided shall
contain:
| 11 |
| (A)
a. a specification of the standard or portion | 12 |
| thereof from which the
employer seeks a variance;
| 13 |
| (B)
b. a representation by the employer, supported | 14 |
| by representations
from qualified persons having | 15 |
| first-hand knowledge of the facts
represented, that he | 16 |
| is unable to comply with a standard or portion
thereof | 17 |
| and a detailed statement of the reasons therefor;
| 18 |
| (C)
c. a statement of the steps he has taken and | 19 |
| will take (with
specific dates) to protect employees | 20 |
| against a hazard covered by the
standard;
| 21 |
| (D) a statement of when
d. the date by which he | 22 |
| expects to be able to comply with the standard and what
| 23 |
| steps he has taken and will take (with dates specified) | 24 |
| to comply with
the standard ; and
| 25 |
| (E)
e. a certification that he has informed his | 26 |
| employees of the
application by giving a copy thereof | 27 |
| to their authorized
representatives, posting a | 28 |
| statement summarizing the application and
specifying | 29 |
| where employees may examine a copy of such application.
| 30 |
| A description of how employees have been informed shall | 31 |
| be contained
in the certification. The information to | 32 |
| employees shall also inform
them of their right to petition | 33 |
| the Director for a hearing.
| 34 |
| (6)
(2) The Director of Labor is authorized to grant a |
|
|
|
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| 1 |
| variance from
any standard or portion thereof whenever the | 2 |
| Director of Labor determines
that such variance is | 3 |
| necessary to permit an employer to participate in an
| 4 |
| experiment approved by the Director of Labor designed to | 5 |
| demonstrate or
validate new and improved techniques to | 6 |
| safeguard the health or safety of
workers.
| 7 |
| (c)
(f) Any affected employer may apply to the Director of | 8 |
| Labor for
a rule or order for a permanent variance other than a | 9 |
| temporary variance from a
standard promulgated under this Act. | 10 |
| Affected employees shall be given
notice of each such | 11 |
| application and an opportunity to participate in a
hearing. The | 12 |
| Director of Labor shall issue such rule or order if he
| 13 |
| determines on the record, after opportunity for an inspection | 14 |
| where
appropriate and a hearing, that the proponent of the | 15 |
| variance has
demonstrated by a preponderance of the evidence | 16 |
| that the conditions,
practices, means, methods, operations or | 17 |
| processes used or proposed to
be used by an employer will | 18 |
| provide employment and places of employment
to his employees | 19 |
| which are as safe and healthful as those which would
prevail if | 20 |
| he complied with the standard. The rule or order so issued
| 21 |
| shall prescribe the conditions the employer must maintain, and | 22 |
| the
practices, means, methods, operations, and processes which | 23 |
| he must adopt
and utilize to the extent they differ from the | 24 |
| standard in question.
Such a rule or order may be modified or | 25 |
| revoked upon application by an
employer ,
or employees , or by | 26 |
| the Director of Labor
on his own motion, in the manner | 27 |
| prescribed for its issuance under this
Section at any time | 28 |
| after 6 months from its issuance.
| 29 |
| (g) The Director of Labor may promulgate emergency | 30 |
| temporary
standards or rules to take effect immediately by | 31 |
| filing such rule or
rules with the Illinois Secretary of State | 32 |
| and publishing them in the
"Illinois Occupational Safety and | 33 |
| Health Bulletin" or if that is not
available, in one or more | 34 |
| newspapers of general circulation providing
that the Director |
|
|
|
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| 1 |
| of Labor shall first expressly determine (1) that
the employees | 2 |
| are exposed to grave danger from exposure to substances or
| 3 |
| agents determined to be toxic or physically harmful or from new | 4 |
| hazards,
and (2) that such emergency standard is necessary to | 5 |
| protect employees
from such danger.
| 6 |
| Such temporary emergency standard shall be effective until | 7 |
| superseded
by a permanent standard but in no event for more | 8 |
| than 6 months from
the date of its publication.
| 9 |
| The publication of such temporary emergency standard shall | 10 |
| be deemed
to be a petition to the Director of Labor for the | 11 |
| promulgation of a
permanent standard and shall be deemed to be | 12 |
| filed with the Director of
Labor on the date of its publication | 13 |
| and the proceeding for the
permanent promulgation of the rule | 14 |
| shall be pursued in accordance with
the provisions of Section 7 | 15 |
| of this Act.
| 16 |
| (h) Any standard promulgated under this Act shall prescribe | 17 |
| the use
of labels or other appropriate forms of warning as are | 18 |
| necessary to
insure that employees are apprised of all hazards | 19 |
| to which they are
exposed, relevant symptoms and appropriate | 20 |
| emergency treatment, and
proper conditions and precautions of | 21 |
| safe use or exposure. Where
appropriate, such standard shall | 22 |
| also prescribe suitable protective
equipment and control or | 23 |
| technological procedures to be used in
connection with such | 24 |
| hazards and shall provide for a monitoring or
measuring | 25 |
| employee exposure at such locations and intervals, and in such
| 26 |
| manner as may be necessary for the protection of employees. In | 27 |
| addition,
where appropriate, any such standard shall prescribe | 28 |
| the type and
frequency of medical examinations or other tests | 29 |
| which shall be made
available, by the employer or at his cost, | 30 |
| to employees exposed to such
hazards in order to most | 31 |
| effectively determine whether the health of
such employees is | 32 |
| adversely affected by such exposure. The results of
such | 33 |
| examinations or tests shall be furnished by the employer only | 34 |
| to
the Department of Labor, or at the direction of the |
|
|
|
09400SB1267sam001 |
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LRB094 04933 WGH 46559 a |
|
| 1 |
| Department to
authorized medical personnel and at the
request | 2 |
| of the employee to his physician. The Director of Labor, in
| 3 |
| promulgating standards dealing with toxic materials or harmful | 4 |
| physical
agents under this subsection, shall set the standard | 5 |
| which most
adequately assures, to the extent feasible, on the | 6 |
| basis of the best
available evidence, that no employee will | 7 |
| suffer material impairment of
health or functional capacity | 8 |
| even if such employee has regular exposure
to the hazard dealt | 9 |
| with by such standard for the period of his working
life. | 10 |
| Development of standards under this subsection shall be based | 11 |
| upon
research, demonstrations, experiments, and such other | 12 |
| information as may
be appropriate. In addition to the | 13 |
| attainment of the highest degree of
health and safety | 14 |
| protection for the employee, other considerations
shall be the | 15 |
| latest available scientific data in the field, the
feasibility | 16 |
| of the standards, and experience gained under this and other
| 17 |
| health and safety laws. Whenever practicable, the standard | 18 |
| promulgated
shall be expressed in terms of objective criteria | 19 |
| and of the performance
desired. | 20 |
| (Source: P.A. 87-245.)".
|
|