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Public Act 094-0477 |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Safety Inspection and Education Act is | ||||
amended by changing Section 0.2, changing and resectioning | ||||
Section 2, and adding Sections 2.2, 2.5, 2.6, 2.7, and 2.9 as | ||||
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 | ||||
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 | ||||
safety
and health standards and rules promulgated under the | ||||
Health and Safety Act
and any occupational health and safety | ||||
laws relating to inspection of
places of employment, and shall | ||||
visit and inspect, as often as practicable,
the places of | ||||
employment covered by this Act.
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(b) The Director of Labor or his or her authorized | ||||
representatives upon
presenting appropriate credentials to the | ||||
owner, operator or agent in
charge is authorized to have the | ||||
right of entry and inspections of all
places of all employment | ||||
in the State as follows:
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(1)
1. To enter without delay and at reasonable times | ||||
any factory,
plant, establishment, construction site, or | ||||
other area, workplace or
environment where work is | ||||
performed by an employee of a public
an employer in
order |
to enforce such occupational safety and health standards.
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(2) If the public employer refuses entry upon being | ||
presented proper credentials or allows entry but then | ||
refuses to permit or hinders the inspection in some way, | ||
the inspector shall leave the premises and immediately | ||
report the refusal to authorized management. Authorized | ||
management shall notify the Director of Labor to initiate | ||
the compulsory legal process or obtain a warrant for entry, | ||
or both.
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(3)
2. To inspect and investigate during regular | ||
working hours and at
other reasonable times, and within | ||
reasonable limits and in a reasonable
manner, any such | ||
place of employment and all pertinent conditions,
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structures, machines, apparatus, devices, equipment, and | ||
materials
therein, and to question privately any such | ||
employer, owner, operator,
agent or employee.
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(4)
3. The owner, operator, manager or lessees of any | ||
place affected by
the provisions of this Act and his or her | ||
agent, superintendent,
subordinate or employee, and any | ||
employer affected by such provisions shall
when requested | ||
by the Division of Safety Inspection and Education, or any
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duly authorized agent thereof, furnish any information in | ||
his or her
possession or under his control which the | ||
Department of Labor is authorized
to require, and shall | ||
answer truthfully all questions required to be put to
him, | ||
and shall cooperate in the making of a proper inspection.
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(5) A person who gives advance notice of an inspection | ||
to be conducted under the authority of this Act without | ||
authority from the Director of Labor, or his or her | ||
authorized representative, commits a Class B misdemeanor.
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(6)
4. Subject to regulations issued by the Director of | ||
Labor, a
representative of the employer and a | ||
representative authorized by his or
her employees shall be | ||
given an opportunity to accompany the Director of
Labor or | ||
his or her authorized representative during the physical
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inspection of any workplace under this Section for the |
purpose of aiding
such inspection. Where there is no | ||
authorized employee representative the
Director of Labor | ||
or his or her authorized agent shall consult with a
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reasonable number of employees concerning matters of | ||
health and safety
in the workplace.
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(7)(A) Whenever and as soon as an inspector concludes | ||
that an imminent danger exists in any place of employment, | ||
the inspector shall inform the affected employees or their | ||
authorized representatives and employers of the danger and | ||
that the inspector is recommending to the Director of Labor | ||
that relief be sought. | ||
(B) Whenever the Director is of the opinion that | ||
imminent danger exists in the working conditions of any | ||
public employee in this State, which condition may | ||
reasonably be expected to cause death or serious physical | ||
harm, the Director may file a complaint in the circuit | ||
court for appropriate relief against an employer and | ||
employee, including an order directing the employer or | ||
employee to cease and desist from the practice creating the | ||
imminent danger and to obtain immediate abatement of the | ||
hazard. | ||
(C) If the Director of Labor arbitrarily or | ||
capriciously fails to seek relief under this Section, any | ||
employee who may be injured by reason of such failure, or | ||
the representative of the employee, may bring an action | ||
against the Director of Labor in the circuit court for the | ||
circuit in which the imminent danger is alleged to exist or | ||
the employer has his or her principal office, for relief by | ||
mandamus to compel the Director of Labor to seek such an | ||
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. | ||
(a)
5. Any employees or representatives of employees who | ||
believe that a
violation of a safety or health standard exists |
or that an imminent
danger exists, may request an inspection by | ||
submitting a written
complaint to the Director of Labor or his | ||
or her authorized representative
setting forth with reasonable | ||
particularity the grounds for the complaint,
and signed by the | ||
employees or representative of employees. | ||
(b) If the Director of Labor or the Director's authorized | ||
representative determines there are no reasonable grounds to | ||
believe that a violation or danger exists, he or she shall | ||
notify the employees or representatives of the employees in | ||
writing of such determination. | ||
(c) If, upon receipt of such complaint, the Director of | ||
Labor or his or her authorized representative determines there | ||
are reasonable grounds to believe that such violation or danger | ||
exists, he or she shall make a special inspection of the | ||
workplace in accordance with the provisions of this Act as soon | ||
as practicable, to determine if such violation or danger | ||
exists.
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(d) A copy of the
complaint shall be provided the employer | ||
or his or her agent by the
Director of Labor or his or her | ||
authorized representative at the
time of inspection, except | ||
that, upon the request of the person making
such complaint, his | ||
name and the name of individual employees referred
to therein, | ||
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 | ||
her authorized
representative. | ||
(e) Nonformal complaints shall be handled by an authorized | ||
representative of the Director of Labor and, based upon the | ||
severity and legitimacy of the complaint, the authorized | ||
representative of the Director of Labor shall either schedule a | ||
complaint inspection or issue a letter to the public employer | ||
stating the concern.
If upon receipt of such complaint, the | ||
Director of Labor
or his or her authorized representative | ||
determines there are reasonable grounds
to believe that such | ||
violation or danger exists, he or she shall make a special
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inspection of the workplace in accordance with the provisions | ||
of this
Act as soon as practicable, to determine if such |
violation or danger
exists. If the Director of Labor or his or | ||
her authorized representative
determines there are no | ||
reasonable grounds to believe that a violation
or danger | ||
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 | ||
inspection to be
conducted under the authority of this Act | ||
without authority from the
Director of Labor, or his or her | ||
authorized representative, upon conviction,
shall be guilty of | ||
a Class B misdemeanor. | ||
(Source: P.A. 86-820; 87-245.) | ||
(820 ILCS 220/2.2 new)
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Sec. 2.2. Discrimination prohibited. | ||
(a) A person may not discharge or in any way discriminate | ||
against any employee because the employee has filed a complaint | ||
or instituted or caused to be instituted any proceeding under | ||
or related to this Act or the Health and Safety Act or has | ||
testified or is about to testify in any such proceeding or | ||
because of the exercise by the employee on behalf of himself or | ||
herself or others of any right afforded by this Act or the | ||
Health and Safety Act. | ||
(b) Any employee who believes that he or she has been | ||
discharged or otherwise discriminated against by any person in | ||
violation of this Section may, within 30 calendar days after | ||
the violation occurs, file a complaint with the Director of | ||
Labor alleging the discrimination. Upon request, the Director | ||
of Labor shall withhold the name of the complainant from the | ||
employer. Upon receipt of the complaint, the Director of Labor | ||
shall cause such investigation to be made as the Director deems | ||
appropriate. If, after the investigation, the Director of Labor | ||
determines that the provisions of this Section have been | ||
violated, the Director shall, within 120 days after receipt of | ||
the complaint, bring an action in the circuit court for | ||
appropriate relief, including rehiring or reinstatement of the | ||
employee to his or her former position with back pay, after |
taking into account any interim earnings of the employee. | ||
(c) Within 90 days of the receipt of a complaint filed | ||
under this Section, the Director of Labor shall notify the | ||
complainant of the Director's determination under subsection | ||
(b) of this Section. | ||
(820 ILCS 220/2.3 new) (from 820 ILCS 220/2, in part)
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Sec. 2.3. Methods of compelling compliance. | ||
(a) Citations.
(d) 1.
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(1) If, upon inspection or investigation, the Director | ||
of Labor
or his or her authorized representative believes | ||
that an employer has violated
a requirement of Section 3 of
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the Health and Safety Act, or a standard,
rule, regulation | ||
or order promulgated pursuant to this Act or the Health
and | ||
Safety Act, he or she shall with reasonable promptness | ||
issue a citation to
the employer. Each citation shall be in | ||
writing; describe with
particularity the nature of the | ||
violation and include a reference to the
provision of the | ||
Act, standard, rule, regulation, or order alleged to
have | ||
been violated; and fix a reasonable time for the abatement | ||
of the
violation.
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(2) The Director of Labor may prescribe procedures for | ||
the issuance of a
notice of de minimis violations which | ||
have no direct or immediate
relationship to safety or | ||
health.
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(3) Each citation issued under this Section, or a copy | ||
or copies thereof, shall be prominently posted as | ||
prescribed in regulations issued by the Director of Labor | ||
at or near the place at which the violation occurred.
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(4)
2. Citations shall be served on the employer, | ||
owner, operator,
manager, or agent by delivering an exact | ||
copy to the person upon whom
the service is to be had, or | ||
by leaving a copy at his or her usual place of
business or | ||
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 |
or copies
thereof, shall be prominently posted as | ||
prescribed in regulations issued
by the Director of Labor | ||
at or near the place the violation occurred.
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(5)
4. No citation may be issued under this Section | ||
after the expiration
of 6 months following the occurrence | ||
of any violation.
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(6)
5. If, after an inspection, the Director of Labor | ||
issues a citation,
he or she shall within 5 days after the | ||
issuance of the citation, notify
the employer by certified | ||
mail of the penalty, if any, proposed to be
assessed for | ||
the violation set forth in the citation.
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(7)
6. If the Director of Labor has reason to believe | ||
that an employer
has failed to correct a violation for | ||
which a citation has been issued
within the period | ||
permitted for its correction, the Director of Labor
shall | ||
notify the employer by certified mail of such failure and | ||
of the
monetary penalty proposed to be assessed by reason | ||
of such failure.
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(8) The public entity may submit in writing data | ||
relating to the abatement of a hazard to be considered by | ||
an authorized representative of the Director of Labor. The | ||
authorized representative of the Director of Labor shall | ||
notify the interested parties if such data will be used to | ||
modify an abatement order.
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(b) Proposed violations.
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(1) Civil penalties.
7. Civil penalties under | ||
subparagraphs (A) through (E)
paragraphs A., B., C. and D.
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may be
assessed by the Director of Labor as part of the | ||
citation procedure as
follows:
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(A) Any public employer who repeatedly violates | ||
the requirements of the Health and Safety Act or any | ||
standard, or rule, or order pursuant to that Act and | ||
this Act may be assessed a civil penalty of not more | ||
than $10,000.
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A. Any employer who has received a citation for | ||
violations of any
standard, or rule, or order not of a |
serious nature may be assessed a
civil penalty of up to | ||
$1,000 for each such violation.
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(B)
B. Any employer who has received a citation for | ||
a serious violation
of the requirements of Section 3 of
| ||
the Health and Safety Act or any
standard, or rule, or | ||
order pursuant to that Act and this Act shall be
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assessed a civil penalty up to $1,000 for each such | ||
violation.
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For purposes of this Section, a serious violation | ||
shall be deemed to exist in a place of employment if | ||
there is a substantial probability that death or | ||
serious physical harm could result from a condition | ||
which exists, or from one or more practices, means, | ||
methods, operations, or processes which have been | ||
adopted or are in use in such place of employment | ||
unless the employer did not know and could not, with | ||
the exercise of reasonable diligence, have known of the | ||
presence of the violation as specifically determined. | ||
(C) Any public employer who has received a citation | ||
for violations of any standard, or rule, or order not | ||
of a serious nature may be assessed a civil penalty of | ||
up to $1,000 for each such violation.
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(D)
C. Any public employer who fails to correct a | ||
violation for which a
citation has been issued within | ||
the period permitted may be assessed a
civil penalty of | ||
up to $1,000 for each day the violation continues.
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(E) Any public employer who intentionally violates | ||
the requirements of the Health and Safety Act or any | ||
standard, or rule, or order pursuant to this Act or | ||
demonstrates plain indifference to its requirements | ||
shall be issued a willful violation and may be assessed | ||
a civil penalty of not more than $10,000. | ||
(2) Criminal penalty. Any public employer who | ||
willfully violates any standard, rule, or order is guilty | ||
of a Class 4 felony if that violation causes death to any | ||
employee. |
(3) Assessment and reduction of penalties. Any penalty | ||
may be reduced by the Director of Labor or the Director's | ||
authorized representative by as much as 95% depending upon | ||
the public employer's "good faith", "size of business", and | ||
"history of previous violations". Up to 60% reduction is | ||
permitted for size, up to 25% reduction is permitted for | ||
good faith, and up to 10% reduction is permitted for | ||
history.
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D. Any employer who willfully or repeatedly violates the
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requirements of Section 3 of the Health and Safety Act or any | ||
standard,
or rule, or order pursuant to that Act and this Act | ||
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 | ||
deemed to
exist in a place of employment if there is a | ||
substantial probability
that death or serious physical harm | ||
could result from a condition which
exists, or from one or more | ||
practices, means, methods, operations, or
processes which have | ||
been adopted or are in use in such place of
employment unless | ||
the employer did not know and could not, with the
exercise of | ||
reasonable diligence, have known of the presence of the
| ||
violation as specifically determined.
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(Source: P.A. 86-820; 87-245.) | ||
(820 ILCS 220/2.4 new) (from 820 ILCS 220/2, in part)
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Sec. 2.4. Contested cases. | ||
(a)
8. An employer, firm or corporation, or an agent, | ||
manager or
superintendent or a person for himself or herself or | ||
for other
such person, firm or corporation, after receiving a | ||
citation, a proposed
assessment of penalty, or a notification | ||
of failure to correct violation
from the Director of Labor or | ||
his or her authorized agent that he or she is
in violation of | ||
this Act, or of any occupational safety or health standard
or | ||
rule, may within 15 working days from receipt of the notice of | ||
citation
or penalty request in writing a hearing before the | ||
Director for an appeal
from the citation order, notice of | ||
penalty, or abatement period.
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(b) Any employee or representative of an employee may | ||
within 15 working days
of the issuance of a citation file a | ||
request in writing for a hearing
before the Director for an | ||
appeal from the citation on the
ground that the period of time | ||
fixed in the citation for the abatement
of the violation is | ||
unreasonable.
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(c)(1) The Director shall schedule a hearing within 15 | ||
calendar days after
receipt of such request for an appeal from | ||
the citation order and shall
notify all interested parties of | ||
such hearing. Such hearing shall be held
no later than 45 | ||
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 | ||
his or her
representatives, at which hearing the employer shall | ||
state his or her
objections to such citation and provide | ||
evidence why such citation shall
not stand as entered. The | ||
Director of Labor or his or her representative
shall be given | ||
the opportunity to state his or her reasons for entering
such | ||
violation citation. Affected employees shall be provided an
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opportunity to participate as parties to hearings under the | ||
rules of
procedure prescribed by the Director.
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(3) The Director, in consideration of the evidence | ||
presented
at the formal hearing, shall in accordance with his | ||
rules enter a final decision
and order no later than 15 | ||
calendar days after such hearing affirming,
modifying or | ||
vacating the Director's citation or proposed penalty, or
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directing other appropriate relief.
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(4) An informal review may be conducted by an authorized | ||
representative of the Director of Labor who is authorized to | ||
change abatement dates, to reclassify violations (such as | ||
willful to serious, serious to other-than-serious), and to | ||
modify or withdraw a penalty, a citation, or a citation item if | ||
the employer presents evidence during the informal conference | ||
which convinces the authorized representative of the Director | ||
of Labor that the changes are justified.
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(5) Appeal.
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(A) Any party adversely affected by a final violation |
order or determination
of the Director may obtain judicial | ||
review by filing a complaint for review
within 35 days | ||
after the entry of the order or other final action
| ||
complained of, pursuant to the provisions of the | ||
Administrative Review Law,
all amendments and | ||
modifications thereof, and the rules adopted pursuant
| ||
thereto.
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(B) If no appeal is taken within 35 days the order of | ||
the Director shall
become final.
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(C) Judicial reviews filed under this Section shall be | ||
heard
expeditiously.
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(6) The Director of Labor has the power: | ||
(A) To issue subpoenas for and compel the attendance of | ||
witnesses and the production of pertinent books, papers, | ||
documents or other evidence. | ||
(B) To hear testimony and receive evidence and to take | ||
or cause to be taken, depositions of witnesses residing | ||
within or without this State in the manner prescribed by | ||
law for depositions in civil cases in the circuit court. | ||
Subpoenas and commissions to take testimony shall be under | ||
seal of the Director of Labor. | ||
Service of subpoenas may be made by any sheriff or any | ||
other person. The circuit court for the county where any | ||
hearing is pending, upon application of the Director of Labor, | ||
may, in the court's discretion, compel the attendance of | ||
witnesses, the production of pertinent books, papers, records, | ||
or documents and the giving of testimony before the Director of | ||
Labor by an attachment proceeding, as for contempt, in the same | ||
manner as the production of evidence may be compelled before | ||
the court.
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9. A. No person shall discharge or in any way discriminate | ||
against
any employee because such employee has filed a | ||
complaint or instituted
or caused to be instituted any | ||
proceeding under or related to this Act
or the Health and | ||
Safety Act or has testified or is about to testify in
any such | ||
proceeding or because of the exercise by such employee on |
behalf
of himself or herself or others of any right afforded by | ||
this Act or the
Health and Safety Act.
| ||
B. Any employee who believes that he or she has been | ||
discharged or
otherwise discriminated against by any person in | ||
violation of this
Section may, within 30 calendar days after | ||
such violation occurs, file a
complaint with the Director of | ||
Labor alleging such discrimination. Upon
request, the Director | ||
of Labor shall withhold the name of the
complainant from the | ||
employer. Upon receipt of such complaint, the
Director of Labor | ||
shall cause such investigation to be made as he or she deems
| ||
appropriate. If after such investigation, the Director of Labor
| ||
determines that the provisions of this Section have been | ||
violated, he or she
shall, within 120 days after receipt of the | ||
complaint, bring
an action in the circuit court for appropriate | ||
relief, including
rehiring, or reinstatement of the employee to | ||
his or her former position with
back pay, after taking into | ||
account any interim earnings of the employee.
| ||
C. Within 90 days of the receipt of a complaint filed under | ||
this
Section the Director of Labor shall notify the complainant | ||
of his or her
determination under subparagraph 9B. of this | ||
Section.
| ||
(e) Whenever the Director is of the opinion that imminent | ||
danger
exists in the working conditions of any employee in this | ||
State, which
condition can reasonably be expected to cause | ||
death or serious physical
harm, the Director may file a | ||
complaint in the circuit court for
appropriate relief against | ||
an employer and employee, including an order
directing the | ||
employer or employee to cease and desist from the practice
| ||
creating the imminent danger.
| ||
Whenever and as soon as an inspector concludes that an | ||
imminent
danger exists in any place of employment, he or she | ||
shall inform the affected
employees or their authorized | ||
representatives and employers of the
danger and that he or she | ||
is recommending to the Director of Labor that relief
be sought.
| ||
If the Director of Labor arbitrarily or capriciously fails | ||
to seek
relief under this Section, any employee who may be |
injured by reason of
such failure, or the representative of | ||
such employees, may bring an
action against the Director of | ||
Labor in the circuit court for the
circuit in which the | ||
imminent danger is alleged to exist or the employer
has his or | ||
her principal office, for relief by mandamus to compel the
| ||
Director of Labor to seek such an order and for such further | ||
relief as
may be appropriate.
| ||
(Source: P.A. 86-820; 87-245.) | ||
(820 ILCS 220/2.5 new)
| ||
Sec. 2.5. Employee access to information. | ||
(a) The Director of Labor shall issue regulations requiring | ||
employers to maintain accurate records of employee exposures to | ||
potentially toxic materials or harmful physical agents which | ||
are required to be monitored or measured under the Health and | ||
Safety Act. | ||
(1) The regulations shall provide employees or their | ||
representatives with an opportunity to observe such | ||
monitoring or measuring, and to have access to the records | ||
thereof. | ||
(2) The regulations shall also make appropriate | ||
provisions for each employee or former employee to have | ||
access to such records as will indicate his or her own | ||
exposure to toxic materials or harmful physical agents. | ||
(3) Each employer shall promptly notify any employee | ||
who has been or is being exposed to toxic materials or | ||
harmful physical agents in concentrations or at levels | ||
which exceed those prescribed by an occupational safety and | ||
health standard and shall inform any employee who is being | ||
thus exposed of the corrective action being taken. | ||
(b) The Director of Labor shall also issue regulations | ||
requiring that employers, through posting of notices or other | ||
appropriate means, keep their employees informed of their | ||
protections and obligations under these Acts, including the | ||
provisions of applicable standards. |
(820 ILCS 220/2.6 new)
| ||
Sec. 2.6. Other prohibited actions and sanctions. | ||
(a) Advance notice. A person who gives advance notice of | ||
any inspection to be conducted under the authority of this Act | ||
without authority from the Director of Labor, or his or her | ||
authorized representative, commits a Class B misdemeanor. | ||
(b) False statements. A person who knowingly makes a false | ||
statement, representation, or certification in any | ||
application, record, report, plan, or other document required | ||
pursuant to this Act commits a Class 4 felony. | ||
(c) Violation of posting requirements. A public employer | ||
who violates any of the required posting requirements is | ||
subject to the following citations and proposed penalty | ||
structure: | ||
(1) Job Safety & Health Poster: an other-than-serious | ||
citation with a proposed penalty of $1,000. | ||
(2) Annual Summary of Injuries/Illnesses: an | ||
other-than-serious citation and a proposed penalty of | ||
$1,000 even if there are no recordable injuries or | ||
illnesses. | ||
(3) Citation: an other-than-serious citation and a | ||
proposed penalty of $1,000. | ||
(d) All information reported to or otherwise obtained by | ||
the Director of Labor or the Director's authorized | ||
representative in connection with any inspection or proceeding | ||
under this Act or the Health and Safety Act which contains or | ||
might reveal a trade secret shall be considered confidential, | ||
except that such information may be disclosed confidentially to | ||
other officers or employees concerned with carrying out this | ||
Act or the Health and Safety Act or when relevant to any | ||
proceeding under this Act. In any such proceeding, the Director | ||
of Labor or the court shall issue such orders as may be | ||
appropriate, including the impoundment of files or portions of | ||
files, to protect the confidentiality of trade secrets.
A | ||
person who violates the confidentiality of trade secrets | ||
commits a Class B misdemeanor. |
(820 ILCS 220/2.7 new)
| ||
Sec. 2.7. Inspection scheduling system. | ||
(a) In general, the priority of accomplishment and | ||
assignment of staff resources for inspection categories shall | ||
be as follows: | ||
(1) Imminent Danger. | ||
(2) Fatality/Catastrophe Investigations. | ||
(3) Complaints/Referrals Investigation. | ||
(4) Programmed Inspections - general, advisory, | ||
monitoring and follow-up. | ||
(b) The priority for assignment of staff resources for | ||
hazard categories shall be the responsibility of an authorized | ||
representative of the Director of Labor based upon the | ||
inspection category, the type of hazard, the perceived severity | ||
of hazard, and the availability of resources. | ||
(820 ILCS 220/2.8 new) (from 820 ILCS 220/2, in part)
| ||
Sec. 2.8. Voluntary compliance program. | ||
(f) The Department through the employees of the Division | ||
shall
foster and promote safety practices. | ||
(a)
(g) The Department shall encourage employers and | ||
organizations and
groups of employees to institute and maintain | ||
safety education programs
for employees and promote the | ||
observation of safety practices. | ||
(b) The Department shall provide and conduct qualified and | ||
quality educational programs specifically designed to meet the | ||
regulatory requirements and the needs of the public employer. | ||
(c) The educational programs and advisory inspections | ||
shall be scheduled secondary to the unprogrammed inspections by | ||
priority. | ||
(d) Regular public information programs shall be conducted | ||
to inform the public employers of changes to the regulations or | ||
updates as necessary. | ||
(e) The Department shall provide support services for any | ||
public employer who needs assistance with the public employer's |
self-inspection programs.
The
Department may furnish safety | ||
education material and literature and may
advise and cooperate | ||
with employers and organizations and groups of
employees in the | ||
conduct of safety education programs and in the
observation of | ||
safety practices. The Department shall through the
Division | ||
enforce the provisions of this Act, and any other law relating
| ||
to the inspection of places of employment in the State. | ||
(Source: P.A. 86-820; 87-245.) | ||
(820 ILCS 220/2.9 new)
| ||
Sec. 2.9. Laboratory services. The Department shall enlist | ||
the services of certified laboratories to provide analysis and | ||
interpretation of results via contractual services. | ||
(820 ILCS 220/2.10 new) (from 820 ILCS 220/2, in part)
| ||
Sec. 2.10. Adoption of rules; designation of personnel to | ||
hear evidence in
disputed matters. | ||
(a) The Director of Labor shall adopt such rules and | ||
regulations as he or she
may deem necessary to implement the | ||
provisions of this Act, including,
but not limited to, rules | ||
and regulations dealing with: (1) the inspection
of an | ||
employer's establishment and (2) the designation of proper | ||
parties,
pleadings, notice, discovery, the issuance of | ||
subpoenas, transcripts, and
oral argument.
| ||
All information reported to or otherwise obtained by the | ||
Director of
Labor or his or her authorized representative in | ||
connection with any
inspection or proceeding under this Act or | ||
the Health and Safety Act, which
contains or might reveal a | ||
trade secret shall be considered confidential,
except that such | ||
information may be disclosed confidentially to other
officers | ||
or employees concerned with carrying out this Act or the Health
| ||
and Safety Act or when relevant to any proceeding under this | ||
Act. In any
such proceeding, the Director of Labor or the court | ||
shall issue such orders
as may be appropriate, including the | ||
impoundment of files, or portions of
files, to protect the | ||
confidentiality of trade secrets.
|
Any person who shall violate the confidentiality of trade | ||
secrets
shall be guilty of a Class B misdemeanor.
| ||
(b) The Director of Labor may designate personnel to hear | ||
evidence in
disputed matters.
| ||
(h) Any employer who willfully violates any standard, rule | ||
or
order, if that violation caused death to any employee,
shall | ||
be guilty of a Class 4 felony.
| ||
(i) Whoever knowingly makes a false statement, | ||
representation, or
certification in any application, record, | ||
report, plan or other document
required pursuant to this Act, | ||
shall be guilty of a Class 4 felony.
| ||
(j) The Director of Labor shall also issue regulations | ||
requiring
that employers, through posting of notices or other | ||
appropriate means,
keep their employees informed of their | ||
protections and obligations under
these Acts, including the | ||
provisions of applicable standards.
| ||
(k) The Director of Labor shall issue regulations requiring | ||
employers to
maintain accurate records of employee exposures to | ||
potentially toxic
material or harmful physical agents which are | ||
required to be monitored or
measured under the Health and | ||
Safety Act. Such regulations shall provide
employees or their | ||
representatives with an opportunity to observe such
monitoring | ||
or measuring, and to have access to the records thereof. Such
| ||
regulations shall also make appropriate provisions for each | ||
employee or
former employee to have access to such records as | ||
will indicate his or her
own exposure to toxic materials or | ||
harmful physical agents. Each employer
shall promptly notify | ||
any employee who has been or is being exposed to
toxic | ||
materials or harmful physical agents in concentrations or at | ||
levels
which exceed those prescribed by an Illinois | ||
occupational safety and health
standard and shall inform any | ||
employee who is being thus exposed of the
corrective action | ||
being taken. | ||
(Source: P.A. 86-820; 87-245.)
| ||
Section 10. The Health and Safety Act is amended by |
changing Section 2 and changing and resectioning Section 4 as | ||
follows:
| ||
(820 ILCS 225/2) (from Ch. 48, par. 137.2)
| ||
Sec. 2.
| ||
This Act shall apply to all public employers engaged in any | ||
occupation,
business or enterprise in this State, and their | ||
employees, including the
State of Illinois and its employees | ||
and all political subdivisions and its
employees, except that | ||
nothing in this Act shall apply to working
conditions of | ||
employees with respect to which Federal agencies, and State
| ||
agencies acting under Section 274 of the Atomic Energy Act of | ||
1954, as
amended (42 U.S.C. 2021), exercise statutory authority | ||
to prescribe or
enforce standards or regulations affecting | ||
occupational safety and health.
Any regulations in excess of | ||
applicable Federal standards shall, before
being promulgated, | ||
be the subject of hearings as required by this Act.
| ||
(Source: P.A. 78-867.)
| ||
(820 ILCS 225/4) (from 820 ILCS 225/4, in part)
| ||
Sec. 4. Records and reports;
work-related deaths, | ||
injuries, and illnesses.
| ||
(a) The Director shall prescribe rules requiring
employers | ||
to maintain accurate records of, and to make reports on,
| ||
work-related deaths, injuries and illnesses, other than minor | ||
injuries
requiring only first aid treatment which do not | ||
involve medical
treatment, loss of consciousness, restriction | ||
of work or motion, or
transfer to another job. Such rules shall | ||
specifically include all of
the reporting provisions of Section | ||
6 of the Workers' Compensation Act
and Section 6 of the | ||
Workers' Occupational Diseases Act.
| ||
(b) Such records shall be available to any State agency | ||
requiring such
information.
| ||
(c) All reports filed hereunder shall be confidential and | ||
any person
having access to such records filed with the | ||
Director as
herein required, who shall release any information |
therein contained
including the names or otherwise identify any | ||
persons sustaining
injuries or disabilities, or give access to | ||
such information to any
unauthorized person, shall be subject | ||
to discipline or discharge, and in
addition shall be guilty of | ||
a Class B misdemeanor.
| ||
(Source: P.A. 87-245.)
| ||
(820 ILCS 225/4.1 new) (from 820 ILCS 225/4, in part)
| ||
Sec. 4.1. Adoption of federal safety and health standards | ||
as rules. | ||
(a)
(d) All federal occupational safety and health | ||
standards which the
United States Secretary of Labor has | ||
heretofore promulgated, modified or
revoked in accordance with | ||
the Federal Occupational Safety and Health
Act of 1970, shall | ||
be and are hereby made rules of the Director unless the
| ||
Director shall make, promulgate, and publish an alternate rule | ||
at least as
effective in providing safe and healthful | ||
employment and places of
employment as a federal standard. | ||
Prior to the development and promulgation of alternate | ||
standards or the modification or revocation of existing | ||
standards, the Director must consider factual information | ||
including: | ||
(1) Expert technical knowledge. | ||
(2) Input from interested persons including employers, | ||
employees, recognized standards-producing organizations, | ||
and the public.
| ||
(b) All federal occupational safety and health standards | ||
which the United
States Secretary of Labor shall hereafter | ||
promulgate, modify or revoke
in accordance with the Federal | ||
Occupational Safety and Health Act of
1970 shall become the | ||
rules of the Department 6 months
60 days after
their federal | ||
effective date, unless there shall have been in effect in
this | ||
State at the time of the promulgation, modification or | ||
revocation
of such rule an alternate State rule at least as | ||
effective in providing
safe and healthful employment and places | ||
of employment as a federal
standard. However, such rule shall |
not become effective until the
following requirements have been | ||
met:
| ||
(1) The Department shall within 45 days after the | ||
federal
effective date of such rule, publish in the | ||
"Illinois Occupational
Safety and Health Bulletin" the | ||
provisions of such rule and in addition
thereto shall file | ||
with the office of the Secretary of State in
Springfield, | ||
Illinois, a certified copy of such rule as provided in "The
| ||
Illinois Administrative Procedure Act", approved August | ||
22, 1975, as
amended; or
| ||
(2) In the event of the Department's failure to publish
| ||
or file a certified copy with the Secretary of State, any | ||
resident of
the State of Illinois may upon 5 days written | ||
notice to the Director
publish such rule in one or more | ||
newspapers of general circulation and
file a certified copy | ||
thereof with the office of the Secretary of State
in | ||
Springfield, Illinois, whereupon such rule shall become | ||
effective
provided that in no event shall such effective | ||
date be less than 60 days
after the federal effective date.
| ||
(c) The Director of Labor may promulgate emergency | ||
temporary standards or rules to take effect immediately by | ||
filing such rule or rules with the Illinois Secretary of State | ||
providing that the Director of Labor shall first expressly | ||
determine: | ||
(1) that the employees are exposed to grave danger from | ||
exposure to substances or agents determined to be toxic or | ||
physically harmful or from new hazards; and | ||
(2) that such emergency standard is necessary to | ||
protect employees from such danger. | ||
The Director of Labor shall adopt emergency temporary | ||
standards promulgated by the federal Occupational Safety and | ||
Health Administration within 30 days of federal notice.
Such | ||
temporary emergency standards shall be effective until | ||
superseded by a permanent standard but in no event for more | ||
than 6 months from the date of its publication.
The publication | ||
of such temporary emergency standards shall be deemed to be a |
petition to the Director of Labor for the promulgation of a | ||
permanent standard and shall be deemed to be filed with the | ||
Director of Labor on the date of its publication and the | ||
proceeding for the permanent promulgation of the rule shall be | ||
pursued in accordance with the provisions of this Act. | ||
(d)(1) Any standard promulgated under this Act shall | ||
prescribe the use of labels or other appropriate forms of | ||
warning as are necessary to ensure that employees are apprised | ||
of all hazards to which they are exposed, relevant symptoms and | ||
appropriate emergency treatment, and proper conditions and | ||
precautions of safe use or exposure. | ||
(2) Where appropriate, such standard shall also prescribe | ||
suitable protective equipment and control or technological | ||
procedures to be used in connection with such hazards and shall | ||
provide for monitoring or measuring employee exposure at such | ||
locations and intervals, and in such manner as may be necessary | ||
for the protection of employees. | ||
(3) In addition, where appropriate, any such standard shall | ||
prescribe the type and frequency of medical examinations or | ||
other tests which shall be made available, by the employer or | ||
at the employer's cost, to employees exposed to such hazards in | ||
order to most effectively determine whether the health of such | ||
employees is adversely affected by such exposure. The results | ||
of such examinations or tests shall be furnished by the | ||
employer only to the Department of Labor, or at the direction | ||
of the Department to authorized medical personnel and at the | ||
request of the employee to the employee's physician. | ||
(4) The Director of Labor, in promulgating standards | ||
dealing with toxic materials or harmful physical agents under | ||
this subsection, shall set the standard which most adequately | ||
ensures, to the extent feasible, on the basis of the best | ||
available evidence, that no employee will suffer material | ||
impairment of health or functional capacity even if such | ||
employee has regular exposure to the hazard dealt with by such | ||
standard for the period of the employee's working life. | ||
(5) Development of standards under this subsection shall be |
based upon research, demonstrations, experiments, and such | ||
other information as may be appropriate. In addition to the | ||
attainment of the highest degree of health and safety | ||
protection for the employee, other considerations shall be the | ||
latest available scientific data in the field, the feasibility | ||
of the standards, and experience gained under this and other | ||
health and safety laws. Whenever practicable, the standard | ||
promulgated shall be expressed in terms of objective criteria | ||
and of the performance desired.
| ||
(Source: P.A. 87-245.) | ||
(820 ILCS 225/4.2 new) (from 820 ILCS 225/4, in part)
| ||
Sec. 4.2. Variances. | ||
(a) The Director of Labor has the authority to grant either | ||
temporary or permanent variances from any of the State | ||
standards upon application by a public employer. Any variance | ||
from a State health and safety standard may have only future | ||
effect.
| ||
(b)
(e) Any public employer may apply to the
Director of | ||
Labor for a temporary order granting a variance from a
standard | ||
or any provision thereof promulgated under this Act. | ||
(1) Such
temporary order shall be granted only if the | ||
employer files an
application which meets the requirements | ||
of paragraph (1) of this subsection
(b)
(e) and | ||
establishes :
| ||
(A) that he is unable to comply
with a standard by | ||
its effective date because of unavailability of
| ||
professional or technical personnel or of materials | ||
and equipment needed
to come into compliance with the | ||
standard or because necessary
construction or | ||
alteration of facilities cannot be completed by the
| ||
effective date; | ||
(B) that he is taking all available steps to | ||
safeguard his
employees against the hazards covered by | ||
the standard; and | ||
(C) that he has
an effective program for coming |
into compliance with a standard as
quickly as | ||
practicable. | ||
Any temporary order issued under this Section
shall | ||
prescribe the practices, means, methods, operations and | ||
processes
which the employer must adopt and use while the | ||
order is in effect and
state in detail his program for | ||
coming into compliance with the
standard. | ||
(2) Such a temporary order may be granted only after | ||
notice to
employees and an opportunity for a hearing. | ||
However, in cases involving
only documentary evidence in | ||
support of the application for a temporary
variance and in | ||
which no objection is made or hearing requested by the
| ||
employees or their representative, the Director of Labor | ||
may issue a
temporary variance in accordance with this Act. | ||
(3) In the event the
application is contested or a | ||
hearing requested, the application shall
be heard and | ||
determined by the Director. | ||
(4) No order for a
temporary variance may be in effect | ||
for longer than the period needed by
the employer to | ||
achieve compliance with the standard or one year,
whichever | ||
is shorter, except that such an order may be renewed not | ||
more
than twice, so long as the requirements of this | ||
paragraph are met and if
an application for renewal is | ||
filed at least 90 days prior to the
expiration date of the | ||
order. No interim renewal of an order may remain in effect | ||
for longer than 180 days.
| ||
(5)
(1) An application for a temporary order as herein | ||
provided shall
contain:
| ||
(A)
a. a specification of the standard or portion | ||
thereof from which the
employer seeks a variance;
| ||
(B)
b. a representation by the employer, supported | ||
by representations
from qualified persons having | ||
first-hand knowledge of the facts
represented, that he | ||
is unable to comply with a standard or portion
thereof | ||
and a detailed statement of the reasons therefor;
| ||
(C)
c. a statement of the steps he has taken and |
will take (with
specific dates) to protect employees | ||
against a hazard covered by the
standard;
| ||
(D) a statement of when
d. the date by which he | ||
expects to be able to comply with the standard and what
| ||
steps he has taken and will take (with dates specified) | ||
to comply with
the standard ; and
| ||
(E)
e. a certification that he has informed his | ||
employees of the
application by giving a copy thereof | ||
to their authorized
representatives, posting a | ||
statement summarizing the application and
specifying | ||
where employees may examine a copy of such application.
| ||
A description of how employees have been informed shall | ||
be contained
in the certification. The information to | ||
employees shall also inform
them of their right to petition | ||
the Director for a hearing.
| ||
(6)
(2) The Director of Labor is authorized to grant a | ||
variance from
any standard or portion thereof whenever the | ||
Director of Labor determines
that such variance is | ||
necessary to permit an employer to participate in an
| ||
experiment approved by the Director of Labor designed to | ||
demonstrate or
validate new and improved techniques to | ||
safeguard the health or safety of
workers.
| ||
(c)
(f) Any affected employer may apply to the Director of | ||
Labor for
a rule or order for a permanent variance other than a | ||
temporary variance from a
standard promulgated under this Act. | ||
Affected employees shall be given
notice of each such | ||
application and an opportunity to participate in a
hearing. The | ||
Director of Labor shall issue such rule or order if he
| ||
determines on the record, after opportunity for an inspection | ||
where
appropriate and a hearing, that the proponent of the | ||
variance has
demonstrated by a preponderance of the evidence | ||
that the conditions,
practices, means, methods, operations or | ||
processes used or proposed to
be used by an employer will | ||
provide employment and places of employment
to his employees | ||
which are as safe and healthful as those which would
prevail if | ||
he complied with the standard. The rule or order so issued
|
shall prescribe the conditions the employer must maintain, and | ||
the
practices, means, methods, operations, and processes which | ||
he must adopt
and utilize to the extent they differ from the | ||
standard in question.
Such a rule or order may be modified or | ||
revoked upon application by an
employer ,
or employees , or by
| ||
the Director of Labor
on his own motion, in the manner | ||
prescribed for its issuance under this
Section at any time | ||
after 6 months from its issuance.
| ||
(g) The Director of Labor may promulgate emergency | ||
temporary
standards or rules to take effect immediately by | ||
filing such rule or
rules with the Illinois Secretary of State | ||
and publishing them in the
"Illinois Occupational Safety and | ||
Health Bulletin" or if that is not
available, in one or more | ||
newspapers of general circulation providing
that the Director | ||
of Labor shall first expressly determine (1) that
the employees | ||
are exposed to grave danger from exposure to substances or
| ||
agents determined to be toxic or physically harmful or from new | ||
hazards,
and (2) that such emergency standard is necessary to | ||
protect employees
from such danger.
| ||
Such temporary emergency standard shall be effective until | ||
superseded
by a permanent standard but in no event for more | ||
than 6 months from
the date of its publication.
| ||
The publication of such temporary emergency standard shall | ||
be deemed
to be a petition to the Director of Labor for the | ||
promulgation of a
permanent standard and shall be deemed to be | ||
filed with the Director of
Labor on the date of its publication | ||
and the proceeding for the
permanent promulgation of the rule | ||
shall be pursued in accordance with
the provisions of Section 7 | ||
of this Act.
| ||
(h) Any standard promulgated under this Act shall prescribe | ||
the use
of labels or other appropriate forms of warning as are | ||
necessary to
insure that employees are apprised of all hazards | ||
to which they are
exposed, relevant symptoms and appropriate | ||
emergency treatment, and
proper conditions and precautions of | ||
safe use or exposure. Where
appropriate, such standard shall | ||
also prescribe suitable protective
equipment and control or |
technological procedures to be used in
connection with such | ||
hazards and shall provide for a monitoring or
measuring | ||
employee exposure at such locations and intervals, and in such
| ||
manner as may be necessary for the protection of employees. In | ||
addition,
where appropriate, any such standard shall prescribe | ||
the type and
frequency of medical examinations or other tests | ||
which shall be made
available, by the employer or at his cost, | ||
to employees exposed to such
hazards in order to most | ||
effectively determine whether the health of
such employees is | ||
adversely affected by such exposure. The results of
such | ||
examinations or tests shall be furnished by the employer only | ||
to
the Department of Labor, or at the direction of the | ||
Department to
authorized medical personnel and at the
request | ||
of the employee to his physician. The Director of Labor, in
| ||
promulgating standards dealing with toxic materials or harmful | ||
physical
agents under this subsection, shall set the standard | ||
which most
adequately assures, to the extent feasible, on the | ||
basis of the best
available evidence, that no employee will | ||
suffer material impairment of
health or functional capacity | ||
even if such employee has regular exposure
to the hazard dealt | ||
with by such standard for the period of his working
life. | ||
Development of standards under this subsection shall be based | ||
upon
research, demonstrations, experiments, and such other | ||
information as may
be appropriate. In addition to the | ||
attainment of the highest degree of
health and safety | ||
protection for the employee, other considerations
shall be the | ||
latest available scientific data in the field, the
feasibility | ||
of the standards, and experience gained under this and other
| ||
health and safety laws. Whenever practicable, the standard | ||
promulgated
shall be expressed in terms of objective criteria | ||
and of the performance
desired. | ||
(Source: P.A. 87-245.)
|