(820 ILCS 220/0.01) (from Ch. 48,
par. 59.01)
Sec. 0.01. Short title. This Act
may be cited as the Safety Inspection and Education Act.
(Source: P.A. 86-1324.)
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(820 ILCS 220/.02) (from Ch. 48,
par. 59.02)
Sec. .02. Definitions. As used
in this Act:
"Department" means the
Department of Labor.
"Director" means the
Director of Labor.
"Division" means the
Division of Safety Inspection and Education of the Department
of Labor.
(Source: P.A. 94-477, eff. 1-1-06.)
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(820 ILCS 220/1) (from Ch. 48,
par. 59.1)
Sec. 1.
For the purpose of assisting in
the administration of the provisions of this Act, the Director
of Labor may authorize his representatives in the Department
of Labor or other agencies or political subdivisions of
the State of Illinois to
perform any necessary inspections or investigations. The
Department of Labor, hereinafter called the Department,
shall maintain a division to be known as the Division of
Safety Inspection and Education, hereinafter called the
Division.
(Source: P. A. 78-868.)
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(820 ILCS 220/2) (from 820 ILCS 220/2, in part)
Sec. 2. Powers and duties; inspections.
(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.
(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:
(1) To
enter without delay and at reasonable times
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any factory, plant, establishment, construction
site, or other area, workplace or environment
where work is performed by an employee of a
public employer in order to enforce such occupational
safety and health standards.
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(2)
If the public employer refuses entry upon being
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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)
To inspect and investigate during regular working
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hours and at other reasonable times,
and within reasonable limits and in a reasonable
manner, any such place of employment and all
pertinent conditions, 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)
The owner, operator, manager or lessees of any
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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 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
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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)
Subject to regulations issued by the Director of
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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
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 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
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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.
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(B)
Whenever the Director is of the opinion that
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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.
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(C)
If the Director of Labor arbitrarily or
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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. 94-477, eff. 1-1-06.)
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(820 ILCS 220/2.1) (from
820 ILCS 220/2, in part)
Sec. 2.1. Complaint inspection
procedures.
(a) 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.
(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, 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.
(Source: P.A. 94-477, eff. 1-1-06.)
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(820 ILCS 220/2.2)
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.
(Source: P.A. 94-477, eff. 1-1-06.)
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(820 ILCS 220/2.3) (from 820 ILCS 220/2, in part)
Sec. 2.3. Methods of compelling
compliance.
(a) Citations.
(1) If,
upon inspection or investigation, the
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Director of Labor or his or her authorized
representative believes that an employer has
violated a requirement of 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
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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
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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)
Citations shall be served on the employer, owner,
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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
his place of business.
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(5)
No citation may be issued under this Section
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after the expiration of 6 months following
the occurrence of any violation.
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(6)
If, after an inspection, the Director of Labor
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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)
If the Director of Labor has reason to believe
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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
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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.
(1) Civil
penalties. Civil penalties under
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subparagraphs (A) through (E) 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
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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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(B)
Any employer who has received a citation for
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a serious violation of the requirements
of the Health and Safety Act or any standard,
or rule, or order pursuant to that Act and
this Act shall be assessed a civil penalty
up to $1,000 for each such violation.
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For
purposes of this Section, a serious violation
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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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(C)
Any public employer who has received a
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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)
Any public employer who fails to correct a
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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
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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.
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(2)
Criminal penalty. Any public employer who
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willfully violates any standard, rule,
or order is guilty of a Class 4 felony if that
violation causes death to any employee.
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(3)
Assessment and reduction of penalties. Any
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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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(Source: P.A. 94-477, eff. 1-1-06.)
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(820 ILCS 220/2.4) (from
820 ILCS 220/2, in part)
Sec. 2.4. Contested cases.
(a) 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.
(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.
(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.
(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 opportunity to participate as parties to hearings
under the rules of procedure prescribed by the Director.
(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 directing other
appropriate relief.
(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.
(5) Appeal.
(A) Any
party adversely affected by a final violation
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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
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the Director shall become final.
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(C)
Judicial reviews filed under this Section shall
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(6) The Director
of Labor has the power:
(A) To
issue subpoenas for and compel the attendance
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