Illinois Compiled Statutes 820 ILCS 255 — Toxic Substances Disclosure to Employees Act.

This Act shall be known and may be cited as the "Toxic Substances Disclosure to Employees Act"

This Act shall be known and may be cited as the "Toxic Substances Disclosure to Employees Act". (Source: P.A. 83-240.)

Federal regulations; operation of Act

Federal regulations; operation of Act. (a) Except as provided in subsection (b), Sections 2 through 17 of this Act are inoperative on and after the effective date of this amendatory Act of the 102nd General Assembly. (b) If at any time the Occupational Safety and Health Administration Hazard Communication standard at 2…

It is hereby found and declared that there may exist a danger to the health of employees throughout the State from significant exposure to toxic substances encountered during the course and scope of employment. The results of this exposure may be tragic and may not be realized for years or even for generations. It is c…

Definitions

Definitions. As used in this Act: (a) "Chemical name" means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC), or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name which will clearly identify…

All files, records and data gathered by or under the direction or authority of the Director under this Act shall be made available to the Department of Public Health pursuant to the Illinois Health and Hazardous Substances Registry Act. (Source: P.A. 83-1361.)

Duty of employer, manufacturer, importer and supplier to submit Material Safety Data Sheet information to the Director

Duty of employer, manufacturer, importer and supplier to submit Material Safety Data Sheet information to the Director. (a) Every employer shall submit to the Director, within 6 months of the effective date of this Act and annually thereafter, an alphabetized list of substances, compounds or mixtures for which the empl…

Exemptions

Exemptions. This Act shall not apply to: (a) Use of toxic substances, compounds or mixtures regulated by this Act which are: (1) Intended for personal consumption by employees in the workplace. (2) Consumer goods used, stored or sold by an employer, manufacturer, importer, retailer or supplier in the same form, approxi…

Employers shall post in their workplaces, at the location where notices to employees are usually posted, a sign which informs the employees of their rights under this Act

Employers shall post in their workplaces, at the location where notices to employees are usually posted, a sign which informs the employees of their rights under this Act. The Department shall publish such a sign and make copies available to any person at cost within 120 days of the effective date of this Act. (Source:…

Labels, placards, signs and operating instructions identifying toxic substances

Labels, placards, signs and operating instructions identifying toxic substances. (a) Except as otherwise provided by this Section, the employer shall label with the chemical name and appropriate hazard warnings each container of a toxic substance in the workplace. The employer is not required to label any container of…

Material safety data sheets

Material safety data sheets. (a) Each employer shall obtain a material safety data sheet for each toxic substance used, produced or stored in the workplace to which employees may be exposed. (b) If the employer, manufacturer, importer or supplier becomes aware of information which is new and significant regarding the h…

If an employer possesses a Material Safety Data Sheet for a substance, compound or mixture that is not defined as a hazardous substance under 29 C

If an employer possesses a Material Safety Data Sheet for a substance, compound or mixture that is not defined as a hazardous substance under 29 C.F.R. 1910.1200, a treating physician of any employee of that employer must be provided with the material safety data sheet upon written request within 10 days. (Source: P.A.…

(a) Any person, including any supplier, importer or manufacturer, who sells any toxic substance within the State of Illinois must provide the buyer, within 30 days of the date of receipt, with a material safety data sheet for the toxic substance and must label the container with the chemical name and appropriate hazard…

(a) An employer may provide the information required by Section 8 with respect to an entire mixture, considered as a whole, instead of with respect to each toxic substance contained in such mixture, provided that: (1) Toxicity testing information exists on the entire mixture or adequate information exists to form a val…

Trade Secrets

Trade Secrets. (a) Trade secrets. An employer, manufacturer, importer or supplier may withhold the precise chemical name of a toxic substance if: (1) The Director has determined that the toxic substance is a trade secret. The Director shall determine that a toxic substance is a trade secret if: (i) The employer, manufa…

(a) If an employee has requested information in writing about a toxic substance to which he or she is entitled under this Act and has not received the information specified within the time frames provided by this Act, the employee may refuse to work with the toxic substance. Notwithstanding the above sentence, if any e…

Fire Safety

Fire Safety. (a) An employer must arrange with the administrators of fire departments having responsibility for fire prevention and control in units of local government within which the employer uses, produces or stores toxic substances, to make the firefighters employed by such fire departments familiar with the hazar…

Employee information and training

Employee information and training. (a) An employer shall provide all employees with an education and training program with respect to all toxic substances to which the employee is routinely exposed in the course of his or her employment. An employee shall be deemed to be routinely exposed to any toxic substance which h…

(a) An employee, employee representative or employer who alleges that he or she has been denied his or her rights under this Act may, within 180 days of the alleged denial or after first learning of the alleged denial, file a complaint alleging a violation of the Act with the Department. The Department shall investigat…

The Director is authorized to take such administrative action and to issue such rules and regulations after public notice and opportunity for comment as are reasonably required to implement this Act

The Director is authorized to take such administrative action and to issue such rules and regulations after public notice and opportunity for comment as are reasonably required to implement this Act. (Source: P.A. 83-240.)

This Act takes effect January 1, 1984

This Act takes effect January 1, 1984. (Source: P.A. 83-240.)