(820 ILCS 225/.01) (from Ch. 48,
par. 137.01)
Sec. .01. As used in this Act:
"Department" means the
Department of Labor.
"Director" means the
Director of Labor.
(Source: P.A. 87-245.)
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(820 ILCS 225/1) (from Ch. 48,
par. 137.1)
Sec. 1. The Department of Labor
shall administer this Act.
(Source: P.A. 87-245.)
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(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. 94-477, eff. 1-1-06.)
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(820 ILCS 225/3) (from Ch. 48,
par. 137.3)
Sec. 3. (a) It shall be the duty
of every employer under this Act to provide reasonable
protection to the lives, health and safety and to furnish
to each of his employees employment and a place of employment
which are free from recognized hazards that are causing
or are likely to cause death or serious physical harm to
his employees.
(b) It shall be the duty of each
employer under this Act to comply with occupational health and
safety standards promulgated under this Act.
(c) It shall be the duty of every
employer to keep his employees informed of their protections
and obligations under this Act, including the provisions of applicable
standards.
(d) It shall be the duty of every
employer to furnish its employees with information regarding
hazards in the work-place, including information about
suitable precautions, relevant symptoms and emergency treatment.
(e) It shall be the duty of every
employee to comply with such rules as are promulgated from time
to time by the Director pursuant to this Act, which are applicable
to his own actions and conduct.
(f) The Director shall, from time
to time, make, promulgate and publish such reasonable rules as
will effectuate such purposes. Such rules shall be clear, plain
and intelligible as to those affected thereby and that which
is required of them, and each such rule shall be, by its terms,
uniform and general in its application wherever the subject matter
of such rule shall exist in any business, occupation or enterprise
having employees, and which rules, 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.
(Source: P.A. 87-245.)
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(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. 94-477, eff. 1-1-06.)
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(820 ILCS 225/4.1) (from
820 ILCS 225/4, in part)
Sec. 4.1. Adoption of federal safety
and health standards as rules.
(a) 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
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employers, employees, recognized standards-producing
organizations, and the public.
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(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 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
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federal effective date of such rule,
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
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(2)
In the event of the Department's failure to file
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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.
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(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
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from exposure to substances or agents
determined to be toxic or physically harmful
or from new hazards; and
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(2)
that such emergency standard is necessary to
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protect employees from such danger.
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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. 94-477, eff. 1-1-06.)
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(820 ILCS 225/4.2) (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) 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
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employer files an application which
meets the requirements of this subsection (b)
and establishes:
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(A)
that he is unable to comply with a standard
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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;
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(B)
that he is taking all available steps to
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safeguard his employees against the
hazards covered by the standard; and
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(C)
that he has an effective program for coming
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into compliance with a standard as quickly
as practicable.
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Any
temporary order issued under this Section shall
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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.
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(2)
Such a temporary order may be granted only after
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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.
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(3)
In the event the application is contested or a
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hearing requested, the application shall
be heard and determined by the Director.
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(4)
No order for a temporary variance may be in
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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.
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(5)
An application for a temporary order as herein
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(A)
a specification of the standard or portion
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thereof from which the employer seeks
a variance;
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(B)
a representation by the employer, supported
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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;
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(C)
a statement of the steps he has taken and
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will take (with specific dates) to protect
employees against a hazard covered by the standard;
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(D)
a statement of when he expects to be able to
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comply with the standard (with dates
specified); and
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(E)
a certification that he has informed his
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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.
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A
description of how employees have been informed
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shall be contained in the certification.
The information to employees shall also inform
them of their right to petition the Director
for a hearing.
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(6)
The Director of Labor is authorized to grant a
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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.
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(c) Any affected
employer may apply to the Director of Labor for a rule
or order for a permanent 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, employees, or 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.
(Source: P.A. 94-477, eff. 1-1-06.)
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(820 ILCS 225/5) (from Ch. 48,
par. 137.5)
Sec. 5. Such rules of the Director
of Labor shall have the force and effect of law.
(Source: P.A. 87-245.)
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(820 ILCS 225/5.1) (from Ch. 48,
par. 137.5-1)
Sec. 5.1. Exemption from civil
liability for providing emergency medical or first aid care.
Exemption from civil liability for emergency medical or first
aid care is as provided in the Good Samaritan Act.
(Source: P.A. 89-607, eff. 1-1-97.)
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(820 ILCS 225/7) (from Ch. 48,
par. 137.7)
Sec. 7. The Director of Labor may,
on his own initiative, or upon written petition, make,
modify or repeal any rule or rules as provided in this
Act, conforming with the procedure prescribed in this Act.
(Source: P.A. 87-245.)
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(820 ILCS 225/7.01) (from Ch. 48,
par. 137.7-01)
Sec. 7.01. If the Director of Labor
resolves to institute such proceedings on his own initiative,
he shall promulgate a rule stating in simple terms the subject
matter and purpose of such hearing, and shall place such rule
on file, and the matter shall proceed to hearing and disposition
upon such rule as hereinafter provided.
(Source: P.A. 87-245.)
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(820 ILCS 225/7.02) (from
Ch. 48, par. 137.7-02)
Sec. 7.02. Every petition for hearing
upon rules filed with the Director of Labor shall state, in simple
terms, the subject matter and purpose for which such hearing
is requested. Such petition shall be signed by 5 employees or
5 employers, or by a majority of employers, in a specified industry.
When such a petition is filed, the matter shall proceed to hearing
and disposition upon such petition as hereinafter provided.
(Source: P.A. 87-245.)
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(820 ILCS 225/7.03) (from
Ch. 48, par. 137.7-03)
Sec. 7.03. The Director of Labor
may, on his own motion, or the motion of any interested party,
consolidate for joint hearing and joint disposition, any number
of pending rules and petitions on related subject matters, but
the provisions of this Act as to notice of hearing shall be complied
with as to each petition or rule so consolidated.
(Source: P.A. 87-245.)
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(820 ILCS 225/7.04) (from
Ch. 48, par. 137.7-04)
Sec. 7.04. When the Director of
Labor on his own initiative determines to consider any rule or
rules, or when such a petition is filed, the Director shall set
a date for a public hearing on such cause, not less than 30 nor
more than 90 days after the date of the promulgation of the rule
by the Director of his intention to proceed on his own initiative,
or after the filing of a petition, as the case may be.
(Source: P.A. 87-245.)
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(820 ILCS 225/7.05) (from
Ch. 48, par. 137.7-05)
Sec. 7.05. Notice of such hearing
shall be given at least 30 days prior to the date of the hearing
by publication in a newspaper of general circulation within the
county in which the hearing is to be held, and by mailing notice
thereof to any employer, and to any association of employers
and to any association of employees who have filed with the Director
of Labor their names and addresses, requesting notice of such
hearings, and stating the particular industry or industries concerning
which they desire such notice. The notice of hearing shall state
the time, place and subject matter of the hearing.
(Source: P.A. 87-245.)
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(820 ILCS 225/7.06) (from
Ch. 48, par. 137.7-06)
Sec. 7.06. Hearings shall be held
in places reasonably convenient to the persons affected.
At any such hearing, any interested
party may submit any evidence pertinent to the subject matter
of the hearing.
The Director of Labor or his designee
may administer oaths in connection with any proceeding under
this Act.
(Source: P.A. 87-245.)
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