HB5187ham001 102ND GENERAL ASSEMBLY

Rep. William Davis

Filed: 2/9/2022

10200HB5187ham001 LRB102 24777 SPS 35962 a

AMENDMENT TO HOUSE BILL 5187

AMENDMENT NO. ______. Amend House Bill 5187 by replacing everything after the enacting clause with the following:

"Section 5. The Employee Washroom Act is amended by adding Section 0.05 as follows:

(820 ILCS 230/0.05 new)

Sec. 0.05. Federal regulations; operation of Act.

(a) Except as provided in subsection (b), Sections 1 through 5 of this Act are inoperative on and after the effective date of this amendatory Act of the 102nd General Assembly.

(b) If at any time the Occupational Safety and Health standard at 29 CFR 1910.141 is repealed or revoked, the Director of Labor shall adopt a rule setting forth a determination that this Act should be reviewed and reinstated in order to protect the health and safety of Illinois' workers. On the date such a rule is adopted, this Act shall again become operative.

Section 10. The Work Under Compressed Air Act is amended by adding Section 1.5 as follows:

(820 ILCS 245/1.5 new)

Sec. 1.5. Federal regulations; operation of Act.

(a) Except as provided in subsection (b), Sections 1 through 6 of this Act are inoperative on and after the effective date of this amendatory Act of the 102nd General Assembly.

(b) If at any time the Safety and Health Regulations for Construction standards at 29 CFR 1926.800 through 29 CFR 1926.804 are repealed or revoked, the Director of Labor shall adopt a rule setting forth a determination that this Act should be reviewed and reinstated, in whole or in part, in order to protect the health and safety of Illinois' workers. On the date such a rule is adopted, this Act shall again become operative.

Section 15. The Underground Sewer Employee Safety Act is amended by changing Section 1 and by adding Section 0.05 as follows:

(820 ILCS 250/0.05 new)

Sec. 0.05. Federal regulations; operation of Act.

(a) Except as provided in subsection (b), Sections 1 through 6 of this Act are inoperative on and after the effective date of this amendatory Act of the 102nd General Assembly.

(b) If at any time the Occupational Safety and Health standards at 29 CFR 1910.120, 29 CFR 1910.146 or the Safety and Health Regulations for Construction standards 29 CFR 1926.1201 through 29 CFR 1926.1213 are repealed or revoked, the Director of Labor shall adopt a rule setting forth a determination that this Act should be reviewed and reinstated, in whole or in part, in order to protect the health and safety of Illinois' workers. On the date such a rule is adopted, this Act shall again become operative.

(820 ILCS 250/1) (from Ch. 48, par. 1101)

Sec. 1. This Act shall apply to all employers engaged in any occupation, business or enterprise in this State, including the State of Illinois and its political subdivisions, except that in the event of a conflict between this Act and any other Federal or State law or regulation concerning health and safety of employees, such other law or regulation shall control.

(Source: P.A. 81-772.)

Section 20. The Toxic Substances Disclosure to Employees Act is amended by changing Section 1.5 as follows:

(820 ILCS 255/1.5)

Sec. 1.5. Federal regulations; operation of Act.

(a) Except as provided in subsection (b), Sections 2 through 17 of this Act are inoperative on and after the effective date of this amendatory Act of the 102nd 95th General Assembly, and the Department of Labor shall instead enforce the Occupational Safety and Health Administration Hazard Communication standards at 29 CFR 1910.1200, as amended.

(b) If at any time the Occupational Safety and Health Administration Hazard Communication standard at 29 CFR 1910.1200 is repealed or revoked, the Director of Labor shall adopt a rule setting forth a determination that this Act should be reviewed and reinstated in order to protect the health and safety of Illinois' public sector workers. On the date such a rule is adopted, this Act shall again become operative.

(Source: P.A. 95-623, eff. 9-17-07.)".