Statutes > Illinois Statutes > CHAPTER 820 EMPLOYMENT > 820 ILCS 225/ Health and Safety Act.

820 ILCS 225/ Health and Safety Act.

    (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.
    "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. 95‑623, eff. 9‑17‑07.)

    (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.)

    (820 ILCS 225/2)(from Ch. 48, par. 137.2)
    Sec. 2. This Act shall apply to all public employers engaged in any occupation 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; 95‑623, eff. 9‑17‑07.)

    (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 and the Safety Inspection and Education Act.
    (c) It shall be the duty of every employer to keep his employees informed of their protections and obligations under this Act and the Safety Inspection and Education 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 or the Safety Inspection and Education 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 worksite having public 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. 95‑623, eff. 9‑17‑07.)

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

    (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 or modified 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
     employers, employees, recognized standards‑producing organizations, and the public.
    (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 within 6 months after their federal promulgation 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 requirement has been met:
        (1) The Department shall within 45 days after the
     federal promulgation 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.
        (2) (Blank).
    (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
     from exposure to substances or agents determined to be toxic or physically harmful or from new hazards; and
        (2) that such emergency standard is necessary to
     protect employees from such danger.
    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; 95‑623, eff. 9‑17‑07.)

    (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 or the Safety Inspection and Education Act.
        (1) Such temporary order shall be granted only if the
     employer files an application which meets the requirements of this subsection (b) and establishes:
            (A) that he is unable to comply with a standard
         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;
            (B) that he is taking all available steps to
         safeguard his employees against the hazards covered by the standard; and
            (C) that he has an effective program for coming
         into compliance with a standard as quickly as practicable.
        Any temporary order issued under this Section shall
     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.
        (2) Such a temporary order may be granted only after
     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.
        (3) In the event the application is contested or a
     hearing requested, the application shall be heard and determined by the Director.
        (4) No order for a temporary variance may be in
     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.
        (5) An application for a temporary order as herein
     provided shall contain:
            (A) a specification of the standard or portion
         thereof from which the employer seeks a variance;
            (B) a representation by the employer, supported
         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;
            (C) a statement of the steps he has taken and
         will take (with specific dates) to protect employees against a hazard covered by the standard;
            (D) a statement of when he expects to be able to
         comply with the standard (with dates specified); and
            (E) a certification that he has informed his
         employees of the application by giving a copy thereof to their authorized representatives, posting a statement at the place or places where notices to employees are normally posted, summarizing the application and specifying where a copy may be examined, and by other appropriate means.
        A description of how employees have been informed
     shall be contained in the certification. The information to employees shall also inform them of their right to petition the Director for a hearing.
        (6) The Director of Labor is authorized to grant a
     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.
    (c) Any affected employer may apply to the Director of Labor for a rule or order for a permanent variance from a standard or rule promulgated under this Act or the Safety Inspection and Education 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; 95‑623, eff. 9‑17‑07.)

    (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.)

    (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.)

    (820 ILCS 225/7)(from Ch. 48, par. 137.7)
    Sec. 7. Rulemaking proceedings. 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 or the Safety Inspection and Education Act.
(Source: P.A. 95‑623, eff. 9‑17‑07.)

    (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, he shall propose a rule stating in simple terms the subject matter and purpose of such hearing, and shall place such rule on file with the Illinois Secretary of State in the Illinois Register, and the matter shall proceed to hearing and disposition upon such rule as hereinafter provided.
(Source: P.A. 95‑623, eff. 9‑17‑07.)

    (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 a minimum of 5 public employees or 5 public employers. When such a petition is filed, the matter shall proceed to hearing and disposition upon such petition as hereinafter provided.
(Source: P.A. 95‑623, eff. 9‑17‑07.)

    (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.)

    (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 proposed 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. 95‑623, eff. 9‑17‑07.)

    (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, in the Illinois Register, and by mailing notice thereof to any employer, and to any association of public employers and to any association of public employees who have filed with the Director of Labor their names and addresses, requesting notice of such hearings. The notice of hearing shall state the time, place and subject matter of the hearing.
(Source: P.A. 95‑623, eff. 9‑17‑07.)

    (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.)

    (820 ILCS 225/7.07)(from Ch. 48, par. 137.7‑07)
    Sec. 7.07. Upon the conclusion of the hearing, the Director of Labor shall enter in writing, his decision upon the subject matter of such hearing. Copies of the decision, rule, or rules shall be mailed to interested parties whose names are on file with the Director of Labor, as hereinbefore provided, and a certified copy thereof shall be filed in the office of the Secretary of State at Springfield to be published in the Illinois Register.
(Source: P.A. 95‑623, eff. 9‑17‑07.)

    (820 ILCS 225/7.08) (from Ch. 48, par. 137.7‑08)
    Sec. 7.08. Within 30 days after the entry of a decision, rule or rules by the Director of Labor, the Director may correct, modify or vacate such decision, rule or rules on his own motion, or upon written objection. Within such 30 days, any person affected thereby may object in writing to the decision, rule or rules entered by the Director of Labor, stating the specific grounds of his objection. The Director of Labor, in his discretion, may or may not act upon said objection.
(Source: P.A. 87‑245.)

    (820 ILCS 225/7.09) (from Ch. 48, par. 137.7‑09)
    Sec. 7.09. Any person affected thereby, whether or not such person participated in the previous proceedings, may within 90 days after a decision, rule or rules is entered by the Director of Labor, file a praecipe for a writ of certiorari in the circuit court of the county in which the subject matter of the hearing is situated, or, if the subject matter is situated in more than one county, then in any one of such counties for the purpose of having the reasonableness or lawfulness of the decision, rule or rules reviewed.
    Upon filing of such praecipe, writ of certiorari shall issue directed to the Director of Labor, returnable on a designated return date not less than 10 nor more than 60 days from the issuance thereof.
    The person or the parties filing the praecipe for writ of certiorari, or other interested parties, shall, on or before the return date as fixed, file in the office of the clerk of the court out of which said writ issued, specific grounds of objection to the particular decision, rule or rules sought to be reviewed.
    Service of such writ of certiorari shall be had by serving a copy upon the Director of Labor.
(Source: P.A. 87‑245.)

    (820 ILCS 225/7.10)(from Ch. 48, par. 137.7‑10)
    Sec. 7.10. The Director of Labor shall certify the record of the proceedings to the court. For the purpose of a writ of certiorari, the record of the Director of Labor shall consist of a transcript of all testimony taken at the hearing, together with all exhibits, or copies thereof, introduced in evidence, and all information secured by the Director of Labor on his own initiative which was introduced in evidence at the hearing; a copy of the rule or petition filed with the Director of Labor and a copy of the decision filed in the cause, together with all objections filed with the Director of Labor, if any.
(Source: P.A. 95‑623, eff. 9‑17‑07.)

    (820 ILCS 225/7.11)(from Ch. 48, par. 137.7‑11)
    Sec. 7.11. On such certiorari proceedings, the court may confirm or reverse the decision as a whole, or may reverse and remand the decision as a whole, or may confirm any of the rules contained in such decision, and reverse or reverse and remand with respect to other rules in said decision. The order of the court shall be a final and appealable order except as to such portion of the decision of the Director, or as to such rule or rules therein as may be remanded by the court.
    The purpose of any such remanding order shall be for the further consideration of the subject matter of the particular decision, rule or rules remanded.
(Source: P.A. 95‑623, eff. 9‑17‑07.)

    (820 ILCS 225/7.12)(from Ch. 48, par. 137.7‑12)
    Sec. 7.12. No new or additional evidence may be introduced in the court in such proceeding but the cause shall be heard on the record of the Director of Labor as certified by him. The court shall review all questions of law and fact presented by such record, and shall review questions of fact in the same manner as questions of fact are reviewed by the court to determine the reasonableness or lawfulness of the decision.
(Source: P.A. 95‑623, eff. 9‑17‑07.)

    (820 ILCS 225/7.13) (from Ch. 48, par. 137.7‑13)
    Sec. 7.13. The court first acquiring jurisdiction by virtue of the filing of a praecipe for writ of certiorari seeking to review any decision, rule or rules of the Director of Labor, shall have and retain jurisdiction of such review and of all other reviews from the same decision, rule or rules until such review is disposed of in said court.
(Source: P.A. 87‑245.)

    (820 ILCS 225/7.14) (from Ch. 48, par. 137.7‑14)
    Sec. 7.14. Any person who subsequently, and within the time herein provided, has filed praecipe for writ of certiorari, may intervene in said original cause in whatever county it may be pending by making a proper showing.
(Source: Laws 1967, p. 3855.)

    (820 ILCS 225/7.15) (from Ch. 48, par. 137.7‑15)
    Sec. 7.15. The Director of Labor, in making return to any writ of certiorari where praecipe is filed subsequent to the first praecipe involving the same subject matter, shall file as his return, a statement that the record has theretofore been filed, or is about to be filed, in response to the first praecipe theretofore filed.
    At the time of making such subsequent return, the Director of Labor shall mail to the attorneys whose names appear on the writ as attorneys for the petitioner therein, a true copy of such return filed with the court, which return shall state the county in which the first praecipe has been filed, the title and number of the case, and the return date of the first writ of certiorari. Any party filing such subse