Public Act 099-0336
Public Act 0336 99TH GENERAL ASSEMBLY
|Public Act 099-0336|
|SB1683 Enrolled||LRB099 10179 SXM 30403 b|
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Occupational Safety and Health Act is
amended by changing Sections 55 and 65 as follows:
(820 ILCS 219/55)
(a) The Director, from time to time, shall promulgate rules
that clearly describe the persons to whom those rules apply and
that clearly describe the conduct that is required of those
persons. Each such rule shall, by its terms, be uniform and
general in its application wherever the subject matter of the
rule exists in any workplace having employees in the service of
a public employer. The rules may include rules that, when
applicable to products which are distributed or used in
interstate commerce, are required by compelling local
conditions and do not unduly burden interstate commerce.
(b) Any standards or rules promulgated by the Director
under the Safety Inspection and Education Act or the Health and
Safety Act that are in full force on the effective date of this
Act shall become the rules of the Department under this Act.
This Act does not affect the legality of any such rules in the
Illinois Administrative Code.
(c) Any proposed standards or rules filed with the
Secretary of State by the Director under the Safety Inspection
and Education Act or the Health and Safety Act that are pending
in the rulemaking process on the effective date of this Act
shall be deemed to have been filed by the Director under this
(d) As soon as practicable after the effective date of this
Act, the Director shall revise and clarify the standards or
rules described in subsections (b) and (c) as necessary to
reflect the provisions of this Act.
(e) The Director of Labor shall adopt such rules as he or
she may deem necessary to implement the provisions of this Act,
including, but not limited to, rules dealing with the
inspection of an employer's establishment.
(Source: P.A. 98-874, eff. 1-1-15
(820 ILCS 219/65)
Periodic inspection of workplaces.
(a) The Director shall enforce the occupational safety and
health standards and rules promulgated under this Act and any
occupational health and safety regulations relating to
inspection of places of employment, and shall visit and
inspect, as often as practicable, the places of employment
covered by this Act.
(b) The Director or his or her authorized representative,
upon presenting appropriate credentials to a public employer's
agent in charge, has the right to enter and inspect all places
of employment covered by this Act as follows:
(1) An inspector may enter without delay and at
reasonable times any establishment, construction site, or
other area, workplace, or environment where work is
performed by an employee of a public employer in order to
enforce the occupational safety and health standards
adopted under this Act.
(2) If a public employer refuses entry to an inspector
upon being presented with proper credentials or allows
entry but then refuses to permit or hinders the inspection
in any way, the inspector shall leave the premises and
immediately report the refusal to authorized management
within the Division. Authorized management shall notify
the Director to initiate the compulsory legal process to
obtain entry or obtain a warrant for entry, or both.
(3) An inspector may inspect and investigate during
regular working hours and at other reasonable times, and
within reasonable limits and in a reasonable manner, any
workplace described in paragraph (1) and all pertinent
conditions, structures, machines, apparatus, devices,
equipment, and materials therein, and to question
privately the employer or any agent or employee of the
(4) The owner, operator, manager, or lessee of any
workplace covered by this Act, and his or her agent or
employee, and any employer affected by this Act shall, when
requested by the Division of Occupational Safety and Health
or any duly authorized agent of that Division: (i) furnish
any information in his or her possession or under his or
her control which the Department is authorized to require,
(ii) answer truthfully all questions required to be put to
him or her, and (iii) cooperate in the making of a proper
(c) In making his or her inspection and investigations
under this Act, the Director of Labor has the power to require
the attendance and testimony of witnesses and the production of
evidence under oath.
(Source: P.A. 98-874, eff. 1-1-15
This Act takes effect upon
Effective Date: 8/10/2015