Public Act 099-0336
 
SB1683 EnrolledLRB099 10179 SXM 30403 b


  
    AN ACT concerning employment.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Occupational Safety and Health Act is 
amended  by changing Sections 55 and 65 as follows:
 
    (820 ILCS 219/55)

    Sec. 55. 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 the 
rule exists in any workplace having employees in the service of 
a public employer. The rules may include rules that, 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.
    (b) Any standards or rules promulgated by the Director 
under the Safety Inspection and Education Act or the Health and 
Safety Act that are in full force on the effective date of this 
Act shall become the rules of the Department under this Act. 
This Act does not affect the legality of any such rules in the 
Illinois Administrative Code.
    (c) Any proposed standards or rules filed with the 
Secretary of State by the Director under the Safety Inspection 
and Education Act or the Health and Safety Act that are pending 
in the rulemaking process on the effective date of this Act 
shall be deemed to have been filed by the Director under this 
Act.
    (d) As soon as practicable after the effective date of this 
Act, the Director shall revise and clarify the standards or 
rules described in subsections (b) and (c) as necessary to 
reflect the provisions of this Act.
    (e) The Director of Labor shall adopt such rules as he or 
she may deem necessary to implement the provisions of this Act, 
including, but not limited to, rules dealing with the 
inspection of an employer's establishment. 

(Source: P.A. 98-874, eff. 1-1-15.)
 
    (820 ILCS 219/65)

    Sec. 65. 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 employment 
covered by this Act.

    (b)    The Director or his or her authorized representative, 
upon presenting appropriate credentials to a public employer's 
agent in charge, has the right to enter and inspect all places 
of employment covered by this Act as follows:

        (1)   An inspector may enter without delay and at 
    reasonable times any establishment, construction site, or 
    other area, workplace, or environment where work is 
    performed by an employee of a public employer in order to 
    enforce the occupational safety and health standards 
    adopted under this Act.

        (2)   If a public employer refuses entry to an inspector 
    upon being presented with proper credentials or allows 
    entry but then refuses to permit or hinders the inspection 
    in any way, the inspector shall leave the premises and 
    immediately report the refusal to authorized management 
    within the Division. Authorized management shall notify 
    the Director to initiate the compulsory legal process to 
    obtain entry or obtain a warrant for entry, or both.

        (3)   An inspector may  inspect and investigate during 
    regular working hours and at other reasonable times, and 
    within reasonable limits and in a reasonable manner, any 
    workplace described in paragraph (1) and all pertinent 
    conditions, structures, machines, apparatus, devices, 
    equipment, and materials therein, and to question 
    privately the employer or any  agent or employee of the 
    employer.

        (4)   The owner, operator, manager, or lessee of any 
    workplace covered  by this Act, and his or her agent or 
    employee, and any employer affected by this Act shall, when 
    requested by the Division of Occupational Safety and Health 
    or any duly authorized agent of that Division: (i)  furnish 
    any information in his or her possession or under his or 
    her control which the Department is authorized to require, 
    (ii) answer truthfully all questions required to be put to 
    him or her, and (iii) cooperate in the making of a proper 
    inspection.


    (c) In making his or her inspection and investigations 
under this 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. 98-874, eff. 1-1-15.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.