Find Legal Information

820 ILCS 220/ Safety Inspection and Education Act.

(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.)

    (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.
    "Employee" means every person in the service of: the State, including members of the General Assembly, members of the Illinois Commerce Commission, members of the Workers' Compensation Commission, and all persons in the service of the public universities and colleges in Illinois; an Illinois county, including deputy sheriffs and assistant State's attorneys; or an Illinois city, township, incorporated village or school district, body politic, or municipal corporation; whether by election, under appointment or contract, or hire, express or implied, oral or written.
    "Public employer" or "employer" means the State of Illinois and all political subdivisions.
(Source: P.A. 94‑477, eff. 1‑1‑06; 95‑623, eff. 9‑17‑07.)

    (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 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. 95‑623, eff. 9‑17‑07.)

    (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 agent in charge is authorized to have the right of entry and inspections of all places of public employment in the State as follows:
        (1) To enter without delay and at reasonable times

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.

(2) If the public employer refuses entry upon being

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.

(3) To inspect and investigate during regular working

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, agent or employee.

(4) The owner, operator, manager or lessees of any

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.

(5) (Blank).         (6) Subject to regulations issued by the Director of

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.

(7)(A) Whenever and as soon as an inspector concludes

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.

(B) Whenever the Director is of the opinion that

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 immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Act and the Health and Safety Act, the Director may file a complaint in the circuit court for appropriate relief, including an order that may require such steps to be taken as may be necessary to abate, avoid, correct, or remove the imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except those individuals whose presence is necessary to abate, avoid, correct, or remove the imminent danger or to maintain the capacity of a continuous process operation to assume normal operations without a complete cessation of operations, or where a cessation of operations is necessary to permit the cessation to be accomplished in a safe and orderly manner.

(C) If the Director of Labor arbitrarily or

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.

(c) In making his or her inspections and investigations

under this Act and the Health and Safety Act, the Director of Labor has the power to require the attendance and testimony of witnesses and the production of evidence under oath.

(Source: P.A. 94‑477, eff. 1‑1‑06; 95‑623, eff. 9‑17‑07.)

    (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.)

    (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 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 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) (Blank).
(Source: P.A. 94‑477, eff. 1‑1‑06; 95‑623, eff. 9‑17‑07.)

    (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

Director of Labor or his or her authorized representative believes that an employer has violated a requirement of this Act, 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.

(2) The Director of Labor may prescribe procedures

for the issuance of a notice of de minimis violations which have no direct or immediate relationship to safety or health.

(3) Each citation issued under this Section, or a

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.

(4) Citations shall be served on the employer,

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 certified mail to his place of business.

(5) No citation may be issued under this Section

after the expiration of 6 months following the occurrence of any violation.

(6) If, after an inspection, the Director of Labor

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.

(7) If the Director of Labor has reason to believe

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.

(8) The public entity may submit in writing data

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.

(b) Proposed penalties.         (1) Civil penalties. Civil penalties under

subparagraphs (A) through (E) may be assessed by the Director of Labor as part of the citation procedure as follows:

(A) Any public employer who repeatedly violates

the requirements of this Act, the Health and Safety Act or any standard, or rule, or order pursuant to either Act may be assessed a civil penalty of not more than $10,000 per violation.

(B) Any employer who has received a citation for

a serious violation of the requirements of this Act, the Health and Safety Act or any standard, or rule, or order pursuant to either Act may be assessed a civil penalty up to $1,000 for each such violation.

For purposes of this Section, a serious violation

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.

(C) Any public employer who has received a

citation for violations of this Act, the Health and Safety Act, or any standard, or rule, or order pursuant to either Act not of a serious nature may be assessed a civil penalty of up to $1,000 for each such violation.

(D) Any public employer who fails to correct a

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.

(E) Any public employer who intentionally

violates the requirements of this Act, the Health and Safety Act or any standard, or rule, or order pursuant to either Act or demonstrates plain indifference to any of those requirements shall be issued a willful violation and may be assessed a civil penalty of not more than $10,000.

(2) Criminal penalty. Any public employer who

willfully violates any standard, rule, or order promulgated pursuant to this Act or the Health and Safety Act shall be charged with a Class 4 felony if that violation causes death to any employee.

(3) Assessment and reduction of penalties. The

Director of Labor shall have the authority to assess all civil penalties provided in this Section, giving due consideration to the appropriateness of the penalty. Any penalty may be reduced by the Director of Labor or the Director's authorized representative based upon the public employer's "good faith", "size of business", and "history of previous violations".

(Source: P.A. 94‑477, eff. 1‑1‑06; 95‑623, eff. 9‑17‑07.)

    (820 ILCS 220/2.4)(from 820 ILCS 220/2, in part)
    Sec. 2.4. Contested cases.
    (a)(1) An employer, or an agent, manager or superintendent thereof, 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, the Health and Safety Act, or any occupational safety or health standard, rule, or order pursuant to either Act, 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.
    (2) An informal review may be requested by the

aforementioned parties within those 15 days for an authorized representative of the Director of Labor to review abatement dates, to reclassify violations (such as willful to serious, serious to other than serious), and/or 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 that the changes are justified.

(3) If, within 15 working days from the receipt of the

notice issued by the Director, the employer fails to notify the Director that he or she intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or employee representative under subsection (b) within such time, the citation and the assessment, as proposed, shall be deemed a final order and not subject to review by any court or agency.

(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) (Blank).     (2) If an employer or his or her representatives

notifies the Director that he intends to contest a citation or notification or if, within 15 working days of the issuance of the citation, any employee or representative of employees files a notice with the Director alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the Director shall afford an opportunity for a hearing before an Administrative Law Judge designated pursuant to subsection (b) of Section 2.10. At the hearing the employer or employee 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 (56 Ill. Admin. Code, Part 120).

(3) The Administrative Law Judge on behalf of the

Director, in consideration of the evidence presented at the formal hearing, shall in accordance with his rules enter a final decision and order within a reasonable time affirming, modifying or vacating the citation or proposed penalty, or directing other appropriate relief.

(4) (Blank).     (5) Appeal.         (A) Any party adversely affected by a final violation

order or determination of the Administrative Law Judge on behalf 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.

(B) If no appeal is taken within 35 days the order

shall become final.

(C) Judicial reviews filed under this Section shall

be heard expeditiously.

(6) The Director of Labor and/or the Administrative Law

Judge on behalf of the Director of Labor has the power:

(A) To issue subpoenas for and compel the attendance

of witnesses and the production of pertinent books, papers, documents or other evidence.

(B) To hear testimony and receive evidence.         (C) To order testimony of a witness residing within

or without this State to be taken by deposition in the manner prescribed by law for depositions in civil cases in the circuit court in any proceedings pending before him or her at any state of such proceeding.

Subpoenas and commissions to take testimony shall be

under seal of the Director of Labor.

Service of subpoenas may be made by any sheriff or any

other person. The circuit court for the county where any hearing is pending may compel the attendance of witnesses, the production of pertinent books, papers, records, or documents and the giving of testimony before the Director of Labor or an Administrative Law Judge by an attachment proceeding, as for contempt, in the same manner as the production of evidence may be compelled before the court.

(Source: P.A. 94‑477, eff. 1‑1‑06; 95‑623, eff. 9‑17‑07.)

    (820 ILCS 220/2.5)
    Sec. 2.5. Employee access to information.
    (a) The Director of Labor shall issue rules requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under this Act or the Health and Safety Act.
        (1) The rules shall provide employees or their

representatives with an opportunity to observe such monitoring or measuring, and to have access to the records thereof.

(2) The rules shall also make appropriate provisions

for each employee or former employee to have access to such records as will indicate his or her own exposure to toxic materials or harmful physical agents.

(3) Each employer shall promptly notify any employee

who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an occupational safety and health standard and shall inform any employee who is being thus exposed of the corrective action being taken.

(b) The Director of Labor shall also issue rules requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under these Acts, including the provisions of applicable standards. (Source: P.A. 94‑477, eff. 1‑1‑06; 95‑623, eff. 9‑17‑07.)

    (820 ILCS 220/2.6)
    Sec. 2.6. Other prohibited actions and sanctions.
    (a) Advance notice. A person who gives advance notice of any inspection to be conducted under the authority of this Act or the Health and Safety Act without authority from the Director of Labor, or his or her authorized representative, commits a Class B misdemeanor.
    (b) False statements. A person who knowingly makes a false statement, representation, or certification in any application, record, report, plan, or other document required pursuant to this Act, the Health and Safety Act, or any rule, standard, or order pursuant to either Act commits a Class 4 felony.
    (c) Violation of posting requirements. A public employer who violates any of the required posting requirements of Sections 2.3 and 2.5 of this Act is subject to the following citations and proposed penalty structure:
        (1) Job Safety & Health Poster: an other‑than‑serious

citation with a proposed penalty of $1,000.

(2) Annual Summary of Injuries/Illnesses: an

other‑than‑serious citation and a proposed penalty of $1,000 even if there are no recordable injuries or illnesses.

(3) Citation: an other‑than‑serious citation and a

proposed penalty of $1,000.

(d) All information reported to or otherwise obtained by the Director of Labor or the Director's authorized representative in connection with any inspection or proceeding under this Act or the Health and Safety Act or any standard, rule, or order pursuant to either Act which contains or might reveal a trade secret shall be considered confidential, except that such information may be disclosed confidentially to other officers or employees concerned with carrying out this Act or the Health and Safety Act or when relevant to any proceeding under this Act or the Health and Safety Act. In any such proceeding, the Director of Labor or the court shall issue such orders as may be appropriate, including the impoundment of files or portions of files, to protect the confidentiality of trade secrets. A person who violates the confidentiality of trade secrets commits a Class B misdemeanor. (Source: P.A. 94‑477, eff. 1‑1‑06; 95‑623, eff. 9‑17‑07.)

    (820 ILCS 220/2.7)
    Sec. 2.7. Inspection scheduling system.
    (a) In general, the priority of accomplishment and assignment of staff resources for inspection categories shall be as follows:
        (1) Imminent Danger.
        (2) Fatality/Catastrophe Investigations.
        (3) Complaints/Referrals Investigation.
        (4) Programmed Inspections ‑ general, monitoring and

follow‑up.

(b) The priority for assignment of staff resources for hazard categories shall be the responsibility of an authorized representative of the Director of Labor based upon the inspection category, the type of hazard, the perceived severity of hazard, and the availability of resources. (Source: P.A. 94‑477, eff. 1‑1‑06; 95‑623, eff. 9‑17‑07.)

    (820 ILCS 220/2.8)(from 820 ILCS 220/2, in part)
    Sec. 2.8. Voluntary compliance program.
    (a) The Department shall encourage employers and organizations and groups of employees to institute and maintain safety education programs for employees and promote the observation of safety practices.
    (b) The Department shall provide and conduct educational programs specifically designed to meet the regulatory requirements and the needs of the public employer.
    (c) (Blank).
    (d) Regular public information programs shall be conducted to inform the public employers of changes to the regulations or updates as necessary.
    (e) The Department shall provide support services for any public employer who needs assistance with the public employer's self‑inspection programs.
(Source: P.A. 94‑477, eff. 1‑1‑06; 95‑623, eff. 9‑17‑07.)

    (820 ILCS 220/2.9)
    Sec. 2.9. Laboratory services. The Department shall enlist the services of certified laboratories to provide analysis and interpretation of results via contractual services.
(Source: P.A. 94‑477, eff. 1‑1‑06.)

    (820 ILCS 220/2.10)(from 820 ILCS 220/2, in part)
    Sec. 2.10. Adoption of rules; designation of personnel to hear evidence in disputed matters.
    (a) The Director of Labor shall adopt such rules and regulations as he or she may deem necessary to implement the provisions of this Act or the Health and Safety Act, including, but not limited to, rules and regulations dealing with: (1) the inspection of an employer's establishment and (2) the designation of proper parties, pleadings, notice, discovery, the issuance of subpoenas, transcripts, and oral argument.
    (b) The Director of Labor may designate personnel to hear evidence in disputed matters.
(Source: P.A. 94‑477, eff. 1‑1‑06; 95‑623, eff. 9‑17‑07.)

(820 ILCS 220/2a) (from Ch. 48, par. 59.2a)     Sec. 2a. (Repealed). (Source: P.A. 87‑245. Repealed by P.A. 91‑798, eff. 7‑9‑00.)

(820 ILCS 220/7) (from Ch. 48, par. 59.7)     Sec. 7. Employees in the Division shall be employed subject to the provisions of the Personnel Code and "An Act to define and regulate participation in politics, political management or political campaigns by merit employees of the State." (Source: Laws 1961, p. 2049.)

    (820 ILCS 220/8)(from Ch. 48, par. 59.8)
    Sec. 8. Contact Us | About Us | Terms | Privacy