820 ILCS 219/1
Short title
Short title. This Act may be cited as the Occupational Safety and Health Act. (Source: P.A. 98-874, eff. 1-1-15.)
Illinois Compiled Statutes 820 ILCS 219 — Occupational Safety and Health Act.
Illinois · statute · 820 ILCS 219 · 34 active provisions
820 ILCS 219/2
References to prior Acts
References to prior Acts. On and after the effective date of this Act, a reference to the Safety Inspection and Education Act or the Health and Safety Act in any other Act or in any rule contained in the Illinois Administrative Code shall be deemed to be a reference to this Act. (Source: P.A. 98-874, eff. 1-1-15.)
820 ILCS 219/5
Definitions
Definitions. In this Act: "Department" means the Department of Labor. "Director" means the Director of Labor. "Division" means the Division of Occupational Safety and Health within the Department of Labor. "Employee" means a person in the service of any of the following entities, regardless of whether the service is by…
820 ILCS 219/10
Administration of Act; Division of Occupational Safety and Health
Administration of Act; Division of Occupational Safety and Health. (a) The Department shall administer this Act. For the purpose of assisting in the administration of this Act, the Director may authorize his or her representatives in the Department to perform any necessary inspections or investigations under this Act.…
820 ILCS 219/15
Application of Act
Application of Act. This Act applies to every public employer in this State and its employees. Nothing in this Act, however, applies 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 (42 U.S.C. 2021), exercise statutor…
820 ILCS 219/20
Duties of employers and employees
Duties of employers and employees. (a) Every public employer must provide reasonable protection to the lives, health, and safety of its employees and must furnish to each of its employees employment and a workplace which are free from recognized hazards that cause or are likely to cause death or serious physical harm t…
820 ILCS 219/25
Occupational safety and health standards
Occupational safety and health standards. (a) All federal occupational safety and health standards which the United States Secretary of Labor has promulgated or modified in accordance with the federal Occupational Safety and Health Act of 1970 and which are in effect on the effective date of this Act shall be and are h…
820 ILCS 219/30
Standards; required features
Standards; required features. (a) A 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 an…
820 ILCS 219/35
Emergency temporary standards
Emergency temporary standards. (a) The Director may promulgate emergency temporary standards or rules, or both, to take effect immediately by filing the proposed standard with the Secretary of State, provided that the Director first expressly determines the following: (1) Employees are exposed to grave danger from expo…
820 ILCS 219/40
Variance from standards
Variance from standards. The Director may grant a temporary or permanent variance from a State occupational safety and health standard upon application by a public employer to the Director. The Director may grant a variance from a standard or portion of a standard if the Director determines that the variance is necessa…
820 ILCS 219/45
Temporary variance
Temporary variance. (a) A public employer may apply to the Director for a temporary variance from an occupational safety and health standard promulgated under this Act. The Director shall issue a temporary variance only if the employer first files with the Director an application which meets the requirements of this Se…
820 ILCS 219/50
Permanent variance
Permanent variance. (a) A public employer affected by an occupational safety and health standard promulgated under this Act may apply to the Director for a permanent variance from that standard. The form and manner of the application shall be as provided in rules. (b) Employees affected by a standard from which their e…
820 ILCS 219/55
Rules generally
Rules generally. (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 t…
820 ILCS 219/60
Employers' records
Employers' records. (a) The Director shall adopt rules requiring public 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 and which do not involve medical treatment, loss of consciousness, restric…
820 ILCS 219/65
Periodic inspection of workplaces
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 emplo…
820 ILCS 219/70
Inspection of workplace upon complaint
Inspection of workplace upon complaint. (a) An employee or representative of employees who believes that a violation of an occupational safety and health standard exists in a workplace covered by this Act or that an imminent danger exists in such a place may request an inspection by submitting a written complaint to th…
820 ILCS 219/75
Opportunity to accompany inspection
Opportunity to accompany inspection. Subject to rules adopted by the Director, a representative of the employer and a representative authorized by the employer's employees shall be given an opportunity to accompany the Director or his or her authorized representative during the physical inspection of any workplace unde…
820 ILCS 219/80
Violation of Act or standard; citation
Violation of Act or standard; citation. (a) Upon inspection or investigation of a workplace, if the Director or his or her authorized representative believes that a public employer has violated a requirement of this Act or a standard, rule, or regulation promulgated under this Act, he or she shall with reasonable promp…
820 ILCS 219/85
Civil penalties
Civil penalties. (a) After an inspection of a workplace under this Act, if the Director issues a citation, he or she shall, within 5 days after issuing the citation, notify the employer by certified mail, or by email to an email address previously designated by the employer for purposes of receiving notice under this A…
820 ILCS 219/90
Informal review
Informal review. (a) A public employer may submit in writing data relating to the abatement of a hazard to be considered by an authorized representative of the Director. The authorized representative shall notify the interested parties if such data will be used to modify an abatement order. (b) Within 15 business days…
820 ILCS 219/95
Request for hearing
Request for hearing. (a) Within 15 working days after receiving a citation, proposed assessment of a civil penalty, or notice of failure to correct a violation, a public employer or the employer's agent, manager, or superintendent may request in writing a hearing before the Director to contest the citation, assessment…
820 ILCS 219/100
Hearing
Hearing. (a) If a public employer or the employer's representative notifies the Director that the employer intends to contest a citation and notice of penalty or if, within 15 business days after the issuance of the citation, an employee or representative of employees files a notice with the Director alleging that the…
820 ILCS 219/105
Judicial review
Judicial review. (a) Any party adversely affected by a final order or determination of the Administrative Law Judge on behalf of the Director may obtain judicial review of that order or determination by filing a complaint for review within 35 days after the entry of the order or other final action complained of, pursua…
820 ILCS 219/110
Discrimination against employee prohibited
Discrimination against employee prohibited. (a) A person may not discharge or in any way discriminate against an employee because the employee has: (i) filed a complaint or instituted or caused to be instituted any proceeding under this Act, (ii) testified or is about to testify in any such proceeding, or (iii) exercis…
820 ILCS 219/115
Abatement of imminent danger
Abatement of imminent danger. (a) Whenever the Director determines that an imminent danger exists in the working conditions of any public employee in this State, and that the danger may reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated thr…
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