(820 ILCS 240/0.01) (from Ch. 48,
par. 250.9)
Sec. 0.01. Short title. This Act
may be cited as the Industrial Home Work Act.
(Source: P.A. 86-1324.)
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(820 ILCS 240/1) (from Ch. 48,
par. 251)
Sec. 1. Unless the context otherwise
requires, the words and phrases herein defined are used
in this Act in the sense given them in the following definitions:
(1) The phrase "industrial
home work" means the processing in a home or any part of
a home of any article or articles, the material for which has
been furnished by an employer, except any article or articles
which are being processed solely for the consumption, wearing
or use of persons residing in the home where the work is performed.
(2) The phrase "to process" means
to manufacture, finish, repair, prepare, or handle, any material
or objects in whole or in part.
(3) The word "employer" means
any person who distributes materials or objects, directly or
indirectly to a home for the purpose of having such materials
or objects processed and thereafter returned to him; such processed
materials or objects not intended for his personal use or any
member of his family.
(4) The word "home" means
any building or part of any building where a person regularly
resides.
(5) The phrase "industrial
home worker" means a person employed in industrial home
work.
(6) The word "effective," when
applied to a permit, certificate or license means that the permit,
certificate or license has not been revoked or suspended, and
is applicable to the industrial home work performed.
(7) The word "Department" means
the Department of Labor.
(Source: Laws 1937, p. 552.)
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(820 ILCS 240/2) (from Ch. 48,
par. 252)
Sec. 2. The following kinds of
industrial home work are hereby prohibited:
A. The processing of articles of
food or drink.
B. The processing of drugs or poisons.
C. The processing and preparation
of medical and surgical bandages and dressings, sanitary napkins,
and cotton batting.
D. The processing of fireworks,
explosives and articles of similar character.
E. The processing and preparation
of toys and dolls.
F. The processing and preparation
of tobacco.
G. The processing of metal springs.
H. The processing of any other
article which is determined by the Department, after notice and
hearing as provided in Section 3.1, to be injurious to the health
or welfare of the industrial home workers in the industry, or
to the health or welfare of the public, or which renders unduly
difficult the maintenance or enforcement of labor standards established
by law or regulation for factory workers in the industry.
(Source: Laws 1953, p. 1880.)
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(820 ILCS 240/3) (from Ch. 48,
par. 253)
Sec. 3. The Department is charged
with the duty of enforcing the provisions of this Act,
and may make, promulgate and enforce such reasonable rules
and regulations relating to the administration and enforcement
of the provisions of this Act as may be deemed expedient.
The violation of any rule or regulation so prescribed shall
be punished by revocation or suspension of any permit,
certificate or license issued under this Act, all such
penalties to be imposed only after due notice and opportunity
to be heard.
While engaged in the enforcement
of the provisions of this Act, the agents and employees of the
Department are empowered and authorized to enter any home, house,
dwelling, tenement, factory, shop or other building and to examine
all records, books and registers that may be required to be kept
by the provisions of this Act. In connection with such enforcement,
the Department may make an investigation of any industry which
employs industrial home workers in order to determine whether
the conditions of employment of industrial home workers in the
industry are injurious to their health and welfare or whether
the conditions of employment of the industrial home workers have
the effect of rendering unduly difficult the maintenance and
enforcement of health and safety standards established by law
or regulation for factory workers in the industry.
(Source: Laws 1953, p. 1880.)
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(820 ILCS 240/3.1) (from Ch. 48,
par. 253.1)
Sec. 3.1. If, on the basis of information
in its possession, with or without an investigation, the Department
shall find that industrial home work can not be continued within
an industry without injuring the health and welfare of the industrial
home workers within that industry, or the health and welfare
of the public, or without rendering unduly difficult the maintenance
or enforcement of health and safety standards established by
law or regulation for factory workers in that industry, the Department
shall by order declare such industrial home work unlawful and
require all employers in the industry to discontinue the furnishing
within this State of materials and articles for industrial home
work, and no permit, certificate or license theretofore issued
in relation to such industrial home work shall be valid.
Before making such order, the Department
shall hold a public hearing or hearings at which an opportunity
to be heard shall be afforded to any employer, or representative
of employers, and any industrial home worker, or representative
of industrial home workers, and any other person having an interest
in the subject matter of the hearing. A public notice of each
hearing shall be given at least thirty (30) days before the hearing
is held in such manner as may be determined by the Department.
The hearing or hearings shall be in such place or places as the
Department deems most convenient to the affected employers and
home workers.
If the Department determines to
issue the order to discontinue industrial home work it shall
determine and fix the effective date thereof which shall be not
less than ninety (90) days after the date of its promulgation.
The order shall set forth the type or types of industrial home
work which are prohibited on and after its effective date.
Provided, that if the Department
determines that the conditions upon which the order was based
are subject to correction by the employer or home workers it
shall permit the employer or home workers to correct the same
and to submit a petition for the vacation of the order. If the
Department, upon the basis of an investigation, determines that
the conditions have been corrected, it shall vacate the order
of prohibition. The petition for vacation shall be filed not
later than 30 days prior to the effective date of the order of
prohibition and the Department shall make its investigation and
determination prior to said date. If after such vacation of an
order the Department, after an investigation, determines that
there has been a recurrence of any or all of the conditions upon
which the order of prohibition was based, it shall, after notice
and hearing, enter an order to discontinue industrial home work
as herein provided, which order shall be binding upon all employers
and home workers engaged in the type of industrial home work
specified in the order.
(Source: P.A. 84-1438.)
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(820 ILCS 240/4) (from Ch. 48, par. 254)
Sec. 4. Before any premises may
be used for the purposes of industrial home work the owner
of the said premises shall file with the Department, in
the prescribed form, an application for a Sanitary Permit
for which no charge shall be made; upon receiving such
application, the Department shall make an inspection of
the premises to determine if the following conditions are
satisfied:
1. There shall be for each person
employed not less than 40 square feet of floor space and not
less than 300 feet of cubic air space.
2. The ventilation of the workrooms
of every kind and description shall provide a supply of not less
than 2,000 cubic feet of fresh outside air for each person in
each hour that such workroom is so occupied.
3. Every such workroom shall be
heated during the winter months or at such other times as such
heating may be necessary to a temperature not less than 70 F.,
and this temperature shall be maintained while such workroom
is occupied.
4. That no building or part thereof
shall be used as a workroom when the floors and walls of such
building or part thereof are continuously damp or when such building
or part thereof is permeated by noxious gases or exhalations,
which may be detrimental to health.
5. No building or part thereof
shall be used as a workroom unless properly lighted during working
hours, so that those working therein shall not be subjected to
eyestrain at any time during said working hours.
If the Department finds that such
conditions are satisfied it shall issue to said owner a permit,
valid for one year unless sooner revoked or suspended for cause,
by the Department.
(Source: Laws 1937, p. 552.)
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(820 ILCS 240/5) (from Ch. 48, par. 255)
Sec. 5. Any person desiring to
perform any work or labor as an Industrial Home Worker,
in his own home, shall file with the Department, in the
prescribed form, an application for a certificate, for
which no charge shall be made. To every such applicant
the Department shall issue an Industrial Home Worker's
certificate, valid only for work by the applicant in his
own home and for one year unless sooner revoked or suspended,
for cause, by the Department. No such certificate shall
be issued if the applicant has an infectious, contagious
or communicable disease or is less than sixteen (16) years
of age.
(Source: Laws 1937, p. 552.)
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(820 ILCS 240/6) (from Ch. 48, par. 256)
Sec. 6. Any person desiring to
become an employer of one or more Industrial Home Workers
shall, whether or not he has a place of business in this
State, file with the Department, in the prescribed form
an application for an Employer's Permit. Such application
shall be accompanied with a fee of $200.00 for the original
issuance of an employer's permit.
For each annual renewal of such
permit, the employer or representative contractor shall pay to
the Director a fee of
(a) Fifty dollars, where at no
time during the preceding calendar year did the employer or representative
contractor directly or indirectly have business relations simultaneously
with more than one hundred homeworkers;
(b) One hundred dollars, where
at any time during the preceding calendar year the employer or
representative contractor directly or indirectly had business
relations simultaneously with more than one hundred but less
than three hundred home workers.
(c) Two hundred dollars, where
at any time during the preceding calendar year the employer or
representative contractor directly or indirectly had business
relations simultaneously with three hundred or more home workers.
Upon receiving the application
accompanied by the proper fee the Department shall issue to such
applicant an Employer's Permit limited to a specified industry
or trade and valid for one year unless sooner revoked or suspended
for cause, by the Department.
No original or renewal fee shall
be required of any employer with respect to an industrial home
worker who is a physically handicapped person, nor shall any
physically handicapped person be included in computing the amount
of any renewal fee. The term "physically handicapped person",
as used herein, means a person who has a Class 1A or Class 2
disability as defined in Section 4A of The Illinois Identification
Card Act. For purposes of this Section, an Illinois Disabled
Person Identification Card issued pursuant to The Illinois Identification
Card Act indicating that the person thereon named has a Class
1A or Class 2 disability shall be adequate documentation of such
disability. In the absence of an Illinois Disabled Person Identification
Card, documentation of such a disability shall be provided by
certification made by either (1) the Department or (2) a licensed
physician and filed with and approved by the Department.
(Source: P.A. 84-1438.)
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(820 ILCS 240/7) (from Ch. 48,
par. 257)
Sec. 7. Every holder of a Sanitary
Permit shall keep an accurate register of all persons engaged
in Industrial Home Work on his premises.
Every holder of an Employer's Permit
shall, every six months, submit to the Department a report consisting
of the names and addresses of all Industrial Home Workers whom
he is employing.
(Source: P.A. 84-1438.)
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(820 ILCS 240/8) (from Ch. 48,
par. 258)
Sec. 8. No person shall carry on
Industrial Home Work in a home, other than a resident therein.
No person shall engage in Industrial
Home Work without first complying with the provisions of this
Act.
No person shall engage himself
as an employer of Industrial Home Workers without first complying
with the provisions of this Act.
No employer shall at any time employ
in Industrial Home Work a greater number of workers than that
prescribed in such Employer's Permit.
(Source: Laws 1937, p. 552.)
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(820 ILCS 240/9) (from Ch. 48,
par. 259)
Sec. 9. Any person who violates
any of the provisions of this Act, or who obstructs or
interferes with any examination or investigation being
made by the Department shall be deemed guilty of a petty
offense. Each day that such violation continues shall be
regarded as a separate and distinct offense.
(Source: P. A. 77-2436.)
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(820 ILCS 240/10) (from Ch. 48,
par. 260)
Sec. 10. "An Act to regulate
the manufacture of clothing, wearing apparel and other articles
in this State, and to provide for the appointment of State inspectors
to enforce the same and to make an appropriation therefor," approved
June 17, 1893, as amended, is repealed.
(Source: Laws 1937, p. 552.)
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