Full Text of SB1407 101st General Assembly
SB1407eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 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 | | Illinois Hazardous Materials Workforce Training Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Apprenticeable occupation" means an occupation in the | 8 | | building and construction trades for which training and | 9 | | apprenticeship programs have been approved by and registered | 10 | | with the U.S. Department of Labor, Bureau of Apprenticeship and | 11 | | Training.
| 12 | | "Apprenticeship program" means an applicable training and | 13 | | apprenticeship program approved by and registered with the U.S. | 14 | | Department of Labor, Bureau of Apprenticeship and Training.
| 15 | | "Approved advanced safety training for workers at high | 16 | | hazard facilities" means a curriculum of in-person classroom | 17 | | and laboratory instruction for approved advanced safety | 18 | | training established by rule by the Department. | 19 | | "Community college" means a college organized under the | 20 | | Public Community College Act. | 21 | | "Construction" means all work at a stationary source | 22 | | involving laborers, workers or mechanics. "Construction" | 23 | | includes any maintenance, repair, assembly, or disassembly |
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| 1 | | work performed on equipment whether owned, leased, or rented.
| 2 | | "Department" means the Department of Labor. | 3 | | "Director" means the Director of Labor. | 4 | | "Owner or operator" means an owner or operator of a | 5 | | stationary source that is engaged in activities described in | 6 | | Code 324110, 325110, 325193, or 325199 of the 2017 North | 7 | | American Industry Classification System (NAICS), and has one or | 8 | | more covered processes that are required to prepare and submit | 9 | | a Risk Management Plan. "Owner or operator" does not include | 10 | | oil and gas extraction operations. | 11 | | "Prevailing hourly wage rate" has the same meaning as | 12 | | "general prevailing rate of hourly wages" as defined in Section | 13 | | 2 of the Prevailing Wage Act.
| 14 | | "Registered apprentice" means an apprentice registered in | 15 | | an applicable apprenticeship program for an apprenticeable | 16 | | occupation approved by, and registered with, the U.S. | 17 | | Department of Labor, Bureau of Apprenticeship and Training.
| 18 | | "Shift" means a set standard period of time an employer | 19 | | requires its employees to perform his or her work-related | 20 | | duties on a daily basis. For purposes of this definition, there | 21 | | may be multiple shifts per day. | 22 | | "Skilled journeyperson" means a worker who meets all of the | 23 | | following criteria:
| 24 | | (1) the worker either graduated from an approved | 25 | | apprenticeship program for the applicable occupation, or | 26 | | has at least as many hours of on-the-job experience in the |
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| 1 | | applicable occupation that would be required to graduate | 2 | | from an approved apprenticeship program for the applicable | 3 | | occupation;
| 4 | | (2) the worker is being paid at least a rate equivalent | 5 | | to the prevailing hourly wage rate for a journeyperson in | 6 | | the applicable occupation and locality; and
| 7 | | (3) beginning on or after January 1, 2023, the worker | 8 | | has completed, within the prior 2 calendar years, at least | 9 | | 20 hours of approved advanced safety training for workers | 10 | | at high hazard facilities. | 11 | | "Skilled and trained workforce" means a workforce that | 12 | | meets all of the following criteria:
| 13 | | (1) all the workers are either registered apprentices | 14 | | or skilled journeypersons;
| 15 | | (2) beginning on January 1, 2020, at least 45% of the | 16 | | skilled journeypersons are graduates of an apprenticeship | 17 | | program for the applicable occupation;
| 18 | | (3) beginning on January 1, 2021, at least 60% of the | 19 | | skilled journeypersons are graduates of an apprenticeship | 20 | | program for the applicable occupation; and
| 21 | | (4) beginning on January 1, 2022, at least 80% of the | 22 | | skilled journeypersons are graduates of an apprenticeship | 23 | | program for the applicable occupation.
| 24 | | "Stationary source" means that term as it is defined under | 25 | | Section 39.5 of the Environmental Protection Act.
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| 1 | | Section 10. Advanced safety training. | 2 | | (a) The Department shall develop by rule a curriculum of | 3 | | approved advanced safety training for workers at high hazard | 4 | | facilities. That training shall be available through the | 5 | | Department or instruction may be provided by a community | 6 | | college or United States Department of Labor apprenticeship | 7 | | program. The Department shall approve a curriculum in | 8 | | accordance with this subsection (a) by January 1, 2021, and | 9 | | shall periodically revise the curriculum to reflect current | 10 | | best practices. Upon receipt of certification from the | 11 | | apprenticeship program or community college, the Department | 12 | | shall issue a certificate to a worker who completes the | 13 | | approved training.
| 14 | | (b) An owner or operator, when contracting for the | 15 | | performance of construction work at the stationary source, | 16 | | shall require that its contractors and any subcontractors use a | 17 | | skilled and trained workforce to perform all onsite work within | 18 | | an apprenticeable occupation in the building and construction | 19 | | trades. | 20 | | (c) The requirements of this Section shall not immediately | 21 | | apply to contracts awarded before January 1, 2020, unless the | 22 | | contract is extended or renewed after that date.
Contracts | 23 | | awarded before January 1, 2020 shall meet the requirements of | 24 | | this Section no later than January 1, 2021. | 25 | | (d) The requirements of this Section shall only apply to | 26 | | the skilled and trained workforce, contracted with an owner or |
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| 1 | | operator to perform construction work at the stationary source | 2 | | site.
| 3 | | (e) The skilled and trained workforce requirements under | 4 | | this Section shall not apply to:
| 5 | | (1) Contractors that have requested qualified workers | 6 | | from the local hiring halls that dispatch workers in the | 7 | | apprenticeable occupation and, due to workforce shortages, | 8 | | the contractor is unable to obtain sufficient qualified | 9 | | workers within 48 hours of the request, Saturdays, Sundays, | 10 | | and holidays excepted. This Act shall not prevent | 11 | | contractors from obtaining workers from any source.
| 12 | | (2) An emergency where compliance is impracticable; | 13 | | namely, an emergency requires immediate action to prevent | 14 | | imminent harm to public health or safety or to the | 15 | | environment. Within 14 days of an emergency, the Attorney | 16 | | General's Workers Rights Bureau, in conjunction with the | 17 | | Illinois Department of Labor, must certify that the | 18 | | emergency warranted noncompliance with this Act. The | 19 | | employer must provide necessary documentation of the | 20 | | emergency to the Attorney General's Workers Rights Bureau | 21 | | and the Illinois Department of Labor.
| 22 | | Section 15. The Illinois Hazardous Materials Workforce | 23 | | Training Fund. The Illinois Hazardous Materials Workforce | 24 | | Training Fund is created as a special
fund in the State | 25 | | treasury, to which the Department shall deposit all moneys |
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| 1 | | collected pursuant to Section 20 of this Act. | 2 | | Section 20. Penalties. An owner or operator who violates | 3 | | the requirements of this Act shall be subject to a minimum | 4 | | civil penalty of $10,000 for each violation. Each shift a | 5 | | violation of this Act occurs shall be considered a separate | 6 | | violation. The penalty may be recovered in a civil action | 7 | | brought by the Director in any circuit court. In the civil | 8 | | action, the Director shall be represented by the Attorney | 9 | | General. All moneys received by the Department as fees and | 10 | | civil penalties under this Act shall be deposited into the | 11 | | Illinois Hazardous Materials Workforce Training Fund, and | 12 | | shall be appropriated by the General Assembly to the Department | 13 | | for administration, investigation, and other expenses incurred | 14 | | in carrying out its powers and duties under this Act. | 15 | | Section 25. The State Finance Act is amended by adding | 16 | | Section 5.891 as follows: | 17 | | (30 ILCS 105/5.891 new) | 18 | | Sec. 5.891. The Illinois Hazardous Materials Workforce | 19 | | Training Fund.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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