Illinois General Assembly - Full Text of Public Act 094-0318

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Public Act 094-0318

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Public Act 0318 94TH GENERAL ASSEMBLY

Public Act 094-0318

HB2449 Enrolled LRB094 06680 DRH 36774 b

    AN ACT concerning transportation.

    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

    Section 1. Short title. This Act may be cited as the
Railroad Employees Medical Treatment Act.

    Section 5. Definitions. As used in this Act:
    "Commission" means the Illinois Commerce Commission.
    "Discipline" means to bring charges against in a
disciplinary proceeding, suspend, terminate, or make a note of
reprimand on an employee's record.

    Section 10. Railroad employee access to first aid or
medical treatment.
    (a) A railroad shall make a good faith effort to provide
prompt medical attention for a railroad employee who is injured
in the course of his or her employment.
    (b) It is unlawful for a railroad or person employed by a
railroad to:
        (1) deny, delay, or interfere with medical treatment or
    first aid treatment to an employee of that railroad who has
    been injured during employment; or
        (2) discipline or threaten discipline to an employee of
    a railroad who has been injured during employment for (i)
    requesting medical or first aid treatment or (ii) following
    the orders or treatment plan of his or her treating
    physician.
    (c) Nothing in this Section shall be construed to require a
railroad or railroad employee to perform first aid or medical
care.
    (d) This Section does not prevent an employer from:
        (1) noting in an employee's record that an injury
    occurred; or
        (2) offering light duty or an alternate work assignment
    to an injured employee if the light duty or alternate work
    assignment does not conflict with the orders or treatment
    plan of the employee's treating physician.
    (e) The Commission has exclusive jurisdiction to determine
violations of this Section. If, after a proper complaint and
hearing, the Commission determines that a violation has
occurred, the Commission shall impose, for each violation, a
penalty in an amount not exceeding $10,000. This penalty is the
exclusive remedy for any violation of this Section. The
Commission shall give priority to any complaint alleging a
violation of this Section and shall issue its decision as
promptly as possible.

Effective Date: 1/1/2006

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