Full Text of SB1103 98th General Assembly
SB1103enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Occupational Safety and Health Act. | 6 | | Section 2. References to prior Acts. On and after the | 7 | | effective date of this Act, a reference to the Safety | 8 | | Inspection and Education Act or the Health and Safety Act in | 9 | | any other Act or in any rule contained in the Illinois | 10 | | Administrative Code shall be deemed to be a reference to this | 11 | | Act. | 12 | | Section 5. Definitions. In this Act: | 13 | | "Department" means the Department of Labor. | 14 | | "Director" means the Director of Labor. | 15 | | "Division" means the Division of Occupational Safety and | 16 | | Health within the Department of Labor. | 17 | | "Employee" means a person in the service of any of the | 18 | | following entities, regardless of whether the service is by | 19 | | virtue of election, by appointment or contract, or by hire, and | 20 | | regardless of whether the relationship is express or implied or | 21 | | established orally or in writing:
| 22 | | (1) The State. For purposes of this paragraph (1), the |
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| 1 | | term includes a member of the General Assembly, a member of | 2 | | the Illinois Commerce Commission, a member of the Illinois | 3 | | Workers' Compensation Commission, and any person in the | 4 | | service of a public university or college in Illinois. | 5 | | (2) An Illinois county. For purposes of this paragraph | 6 | | (2), the term includes a deputy sheriff and an assistant | 7 | | State's Attorney.
| 8 | | (3) An Illinois township.
| 9 | | (4) An Illinois city, village, incorporated town, | 10 | | school district, or other municipal corporation or body | 11 | | politic.
| 12 | | "Public employer" or "employer" means the State of Illinois | 13 | | or any political subdivision of the State.
| 14 | | Section 10. Administration of Act; Division of | 15 | | Occupational Safety and Health. | 16 | | (a) The Department shall administer this Act. For the | 17 | | purpose of assisting in the administration of this Act, the | 18 | | Director may authorize his or her representatives in the | 19 | | Department to perform any necessary inspections or | 20 | | investigations under this Act. | 21 | | (b) The Department shall maintain a division within the | 22 | | Department to be known as the Division of Occupational Safety | 23 | | and Health. | 24 | | Section 15. Application of Act. This Act applies to every |
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| 1 | | public employer in this State and its employees. Nothing in | 2 | | this Act, however, applies to working conditions of employees | 3 | | with respect to which federal agencies, and State agencies | 4 | | acting under Section 274 of the Atomic Energy Act of 1954 (42 | 5 | | U.S.C. 2021), exercise statutory authority to prescribe or | 6 | | enforce standards or regulations affecting occupational safety | 7 | | and health. Any State regulations more strict than applicable | 8 | | federal standards shall, before being promulgated, be the | 9 | | subject of hearings as required by this Act. | 10 | | Section 20. Duties of employers and employees. | 11 | | (a) Every public employer must provide reasonable | 12 | | protection to the lives, health, and safety of its employees | 13 | | and must furnish to each of its employees employment and a | 14 | | workplace which are free from recognized hazards that cause or | 15 | | are likely to cause death or serious physical harm to its | 16 | | employees. | 17 | | (b) Every public employer must comply with the occupational | 18 | | safety and health standards promulgated under this Act. | 19 | | (c) Every public employer must keep its employees informed | 20 | | of their protections and obligations under this Act, including | 21 | | the provisions of applicable standards or rules adopted under | 22 | | this Act. | 23 | | (d) Every public employer must furnish its employees with | 24 | | information regarding hazards in the workplace, including | 25 | | information about suitable precautions, relevant symptoms, and |
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| 1 | | emergency treatment. | 2 | | (e) Every employee must comply with the rules that are | 3 | | promulgated from time to time by the Director under this Act | 4 | | and that are applicable to the employee's actions and conduct. | 5 | | Section 25. Occupational safety and health standards. | 6 | | (a) All federal occupational safety and health standards | 7 | | which the United States Secretary of Labor has promulgated or | 8 | | modified in accordance with the federal Occupational Safety and | 9 | | Health Act of 1970 and which are in effect on the effective | 10 | | date of this Act shall be and are hereby made rules of the | 11 | | Department unless the Director promulgates an alternate | 12 | | standard that is at least as effective in providing safe and | 13 | | healthful employment and places of employment as a federal | 14 | | standard. Before developing and adopting an alternate standard | 15 | | or modifying or revoking an existing standard, the Director | 16 | | must consider factual information that includes: | 17 | | (1) Expert technical knowledge. | 18 | | (2) Input from interested persons, including | 19 | | employers, employees, recognized standards-producing | 20 | | organizations, and the public. | 21 | | (b) All federal occupational safety and health standards | 22 | | which the United States Secretary of Labor promulgates or | 23 | | modifies in accordance with the federal Occupational Safety and | 24 | | Health Act of 1970 on or after the effective date of this Act, | 25 | | unless revoked by the Secretary of Labor, shall become rules of |
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| 1 | | the Department within 6 months after their federal promulgation | 2 | | date, unless there has been in effect in this State at the time | 3 | | of the promulgation or modification of the federal standard an | 4 | | alternate State standard that is at least as effective in | 5 | | providing safe and healthful employment and places of | 6 | | employment as a federal standard. The alternate State standard | 7 | | shall not become effective, however, unless the Department, | 8 | | within 45 days after the federal promulgation date, files with | 9 | | the office of the Secretary of State in Springfield, Illinois, | 10 | | a certified copy of the rule as provided in the Illinois | 11 | | Administrative Procedure Act.
| 12 | | Section 30. Standards; required features. | 13 | | (a) A standard promulgated under this Act shall prescribe | 14 | | the use of labels or other appropriate forms of warning as are | 15 | | necessary to ensure that employees are apprised of all hazards | 16 | | to which they are exposed, relevant symptoms and appropriate | 17 | | emergency treatment, and proper conditions and precautions of | 18 | | safe use or exposure. | 19 | | (b) When appropriate, a standard shall also prescribe | 20 | | suitable protective equipment and control or technological | 21 | | procedures to be used in connection with such hazards and shall | 22 | | provide for monitoring or measuring employee exposure at | 23 | | locations and intervals and in a manner as necessary for the | 24 | | protection of employees. | 25 | | (c) In addition, when appropriate, a standard shall |
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| 1 | | prescribe the type and frequency of medical examinations or | 2 | | other tests which shall be made available, by the employer or | 3 | | at the employer's cost, to employees exposed to such hazards in | 4 | | order to most effectively determine whether the health of the | 5 | | employees is adversely affected by the exposure. The results of | 6 | | the examinations or tests shall be furnished by the employer | 7 | | only to the Department or, at the direction of the Department, | 8 | | to authorized medical personnel and, at the request of the | 9 | | employee, to the employee's physician. | 10 | | (d) The Director, in promulgating standards dealing with | 11 | | toxic materials or harmful physical agents under this Section, | 12 | | shall set the standard which most adequately ensures, to the | 13 | | extent feasible, on the basis of the best available evidence, | 14 | | that no employee will suffer material impairment of health or | 15 | | functional capacity even if the employee has regular exposure | 16 | | to the hazard dealt with by the standard for the period of the | 17 | | employee's working life. | 18 | | (e) Development of standards under this Section shall be | 19 | | based on research, demonstrations, experiments, and other | 20 | | information as appropriate. In addition to the attainment of | 21 | | the highest degree of health and safety protection for the | 22 | | employee, other considerations shall be the latest available | 23 | | scientific data in the field, the feasibility of the standards, | 24 | | and experience gained under this and other health and safety | 25 | | laws. Whenever practicable, a standard shall be expressed in | 26 | | terms of objective criteria and of the performance desired. |
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| 1 | | Section 35. Emergency temporary standards. | 2 | | (a) The Director may promulgate emergency temporary | 3 | | standards or rules, or both, to take effect immediately by | 4 | | filing the proposed standard with the Secretary of State, | 5 | | provided that the Director first expressly determines the | 6 | | following:
| 7 | | (1) Employees are exposed to grave danger from exposure | 8 | | to substances or agents determined to be toxic or | 9 | | physically harmful or from new hazards. | 10 | | (2) The emergency temporary standard is necessary to | 11 | | protect the employees from the danger described in | 12 | | paragraph (1).
| 13 | | (b) The Director shall adopt emergency temporary standards | 14 | | promulgated by the federal Occupational Safety and Health | 15 | | Administration within 30 days of the federal notice of proposed | 16 | | emergency rulemaking. An emergency temporary standard shall be | 17 | | effective until superseded by a permanent standard but in no | 18 | | event for more than 6 months from the date of publication of | 19 | | the emergency temporary standard. The publication of emergency | 20 | | temporary standards shall be deemed to be a petition to the | 21 | | Director for the promulgation of a permanent standard and shall | 22 | | be deemed to be filed with the Director on the date of | 23 | | publication. The proceeding for promulgation of the permanent | 24 | | standard shall be pursued in accordance with this Act.
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| 1 | | Section 40. Variance from standards. The Director may grant | 2 | | a temporary or permanent variance from a State occupational | 3 | | safety and health standard upon application by a public | 4 | | employer to the Director. The Director may grant a variance | 5 | | from a standard or portion of a standard if the Director | 6 | | determines that the variance is necessary to permit an employer | 7 | | to participate in an experiment approved by the Director | 8 | | designed to demonstrate or validate new and improved techniques | 9 | | to safeguard the health or safety of workers. A variance from a | 10 | | State occupational safety and health standard may only have | 11 | | future effect. | 12 | | Section 45. Temporary variance. | 13 | | (a) A public employer may apply to the Director for a | 14 | | temporary variance from an occupational safety and health | 15 | | standard promulgated under this Act. The Director shall issue a | 16 | | temporary variance only if the employer first files with the | 17 | | Director an application which meets the requirements of this | 18 | | Section. | 19 | | (b) An application for a temporary variance under this | 20 | | Section shall contain all of the following: | 21 | | (1) A specification of the standard or portion thereof | 22 | | from which the employer seeks a variance.
| 23 | | (2) A representation by the employer, supported by | 24 | | representations from qualified persons having first-hand | 25 | | knowledge of the facts represented, that the employer is |
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| 1 | | unable to comply with the standard or portion thereof, and | 2 | | a detailed statement of the reasons therefor.
| 3 | | (3) A statement of the steps the employer has taken and | 4 | | will take to protect employees against a hazard covered by | 5 | | the standard, including specific dates on which or by which | 6 | | the employer has taken or will take those steps.
| 7 | | (4) A statement specifying the date by which the | 8 | | employer expects to be able to comply with the standard.
| 9 | | (5) A certification that the employer has informed its | 10 | | employees of the application by giving a copy of the | 11 | | application to the employees' authorized representative, | 12 | | by posting a statement at the place or places where notices | 13 | | to employees are normally posted that summarizes the | 14 | | application and specifies where a copy may be examined, and | 15 | | by other appropriate means as determined by the employer. | 16 | | The information provided to employees shall also inform | 17 | | them of their right to petition the Director for a hearing | 18 | | on the application. | 19 | | (c) An application for a temporary variance under this | 20 | | Section shall establish all of the following: | 21 | | (1) The employer is unable to comply with a standard by | 22 | | its effective date because professional or technical | 23 | | personnel or materials and equipment needed to comply with | 24 | | the standard are unavailable or because necessary | 25 | | construction or alteration of facilities cannot be | 26 | | completed by the effective date of the standard.
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| 1 | | (2) The employer is taking all available steps to | 2 | | safeguard its employees against the hazards covered by the | 3 | | standard.
| 4 | | (3) The employer has an effective program for complying | 5 | | with the standard as quickly as practicable. | 6 | | (d) The Director may issue a temporary variance only after | 7 | | the Department provides notice to the employer's employees and | 8 | | an opportunity for a hearing. However, in a case involving only | 9 | | documentary evidence in support of the application for a | 10 | | temporary variance and in which no objection is made or hearing | 11 | | requested by the employees or their representative, the | 12 | | Director may issue a temporary variance in accordance with this | 13 | | Act without a hearing. | 14 | | (e) If a hearing is requested on an application for a | 15 | | temporary variance, the application shall be heard and | 16 | | determined by the Director. | 17 | | (f) A temporary variance issued under this Section shall | 18 | | prescribe the practices, means, methods, operations, and | 19 | | processes which the employer must adopt and use while the | 20 | | temporary variance is in effect and shall state in detail the | 21 | | employer's program for achieving compliance with the standard. | 22 | | Section 50. Permanent variance. | 23 | | (a) A public employer affected by an occupational safety | 24 | | and health standard promulgated under this Act may apply to the | 25 | | Director for a permanent variance from that standard. The form |
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| 1 | | and manner of the application shall be as provided in rules. | 2 | | (b) Employees affected by a standard from which their | 3 | | employer has applied for a variance under this Section shall be | 4 | | given notice of the employer's application and an opportunity | 5 | | to participate in a hearing on the application. | 6 | | (c) The Director shall issue a permanent variance if he or | 7 | | she determines on the record, after opportunity for an | 8 | | inspection where appropriate as determined by the Department | 9 | | and a hearing, that the employer has demonstrated by a | 10 | | preponderance of the evidence that the conditions, practices, | 11 | | means, methods, operations, or processes used or proposed to be | 12 | | used by the employer will provide employment and places of | 13 | | employment to its employees which are as safe and healthful as | 14 | | those which would prevail if the employer complied with the | 15 | | standard. The variance shall prescribe the conditions the | 16 | | employer must maintain, and the practices, means, methods, | 17 | | operations, and processes which the employer must adopt and | 18 | | utilize, to the extent they differ from the standard in | 19 | | question. | 20 | | (d) A variance issued under this Section may be modified or | 21 | | revoked upon application by the employer, by the employees, or | 22 | | by the Director on his or her own motion, in the manner | 23 | | prescribed for the issuance of a variance under this Section at | 24 | | any time after 6 months from the issuance of the variance. | 25 | | Section 55. Rules generally. |
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| 1 | | (a) The Director, from time to time, shall promulgate rules | 2 | | that clearly describe the persons to whom those rules apply and | 3 | | that clearly describe the conduct that is required of those | 4 | | persons. Each such rule shall, by its terms, be uniform and | 5 | | general in its application wherever the subject matter of the | 6 | | rule exists in any workplace having employees in the service of | 7 | | a public employer. The rules may include rules that, when | 8 | | applicable to products which are distributed or used in | 9 | | interstate commerce, are required by compelling local | 10 | | conditions and do not unduly burden interstate commerce. | 11 | | (b) Any standards or rules promulgated by the Director | 12 | | under the Safety Inspection and Education Act or the Health and | 13 | | Safety Act that are in full force on the effective date of this | 14 | | Act shall become the rules of the Department under this Act. | 15 | | This Act does not affect the legality of any such rules in the | 16 | | Illinois Administrative Code. | 17 | | (c) Any proposed standards or rules filed with the | 18 | | Secretary of State by the Director under the Safety Inspection | 19 | | and Education Act or the Health and Safety Act that are pending | 20 | | in the rulemaking process on the effective date of this Act | 21 | | shall be deemed to have been filed by the Director under this | 22 | | Act. | 23 | | (d) As soon as practicable after the effective date of this | 24 | | Act, the Director shall revise and clarify the standards or | 25 | | rules described in subsections (b) and (c) as necessary to | 26 | | reflect the provisions of this Act. |
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| 1 | | Section 60. Employers' records. | 2 | | (a) The Director shall adopt rules requiring public | 3 | | employers to maintain accurate records of, and to make reports | 4 | | on, work-related deaths, injuries, and illnesses, other than | 5 | | minor injuries requiring only first aid treatment which do not | 6 | | involve medical treatment, loss of consciousness, restriction | 7 | | of work or motion, or transfer to another job. The rules shall | 8 | | specifically include all of the reporting provisions of Section | 9 | | 6 of the Workers' Compensation Act and Section 6 of the | 10 | | Workers' Occupational Diseases Act. The records shall be | 11 | | available to any State agency requiring such information. | 12 | | (b) The Director shall adopt rules requiring public | 13 | | employers to maintain accurate records of employee exposures to | 14 | | potentially toxic materials or harmful physical agents which | 15 | | are required to be monitored or measured under this Act. The | 16 | | rules shall provide employees or their authorized | 17 | | representative with an opportunity to observe the monitoring or | 18 | | measuring, and to have access to the records of the monitoring | 19 | | or measuring. The rules shall provide appropriate means by | 20 | | which each employee or former employee may have access to such | 21 | | records as will indicate his or her exposure to toxic materials | 22 | | or harmful physical agents. | 23 | | (c) A public employer shall promptly notify any employee | 24 | | who has been or is being exposed to toxic materials or harmful | 25 | | physical agents in concentrations or at levels which exceed |
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| 1 | | those prescribed by an occupational safety and health standard | 2 | | and shall inform the employee who is being thus exposed of the | 3 | | action being taken by the employer to correct such exposure. | 4 | | Section 65. Periodic inspection of workplaces. | 5 | | (a) The Director shall enforce the occupational safety and | 6 | | health standards and rules promulgated under this Act and any | 7 | | occupational health and safety regulations relating to | 8 | | inspection of places of employment, and shall visit and | 9 | | inspect, as often as practicable, the places of employment | 10 | | covered by this Act.
| 11 | | (b) The Director or his or her authorized representative, | 12 | | upon presenting appropriate credentials to a public employer's | 13 | | agent in charge, has the right to enter and inspect all places | 14 | | of employment covered by this Act as follows:
| 15 | | (1) An inspector may enter without delay and at | 16 | | reasonable times any establishment, construction site, or | 17 | | other area, workplace, or environment where work is | 18 | | performed by an employee of a public employer in order to | 19 | | enforce the occupational safety and health standards | 20 | | adopted under this Act.
| 21 | | (2) If a public employer refuses entry to an inspector | 22 | | upon being presented with proper credentials or allows | 23 | | entry but then refuses to permit or hinders the inspection | 24 | | in any way, the inspector shall leave the premises and | 25 | | immediately report the refusal to authorized management |
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| 1 | | within the Division. Authorized management shall notify | 2 | | the Director to initiate the compulsory legal process to | 3 | | obtain entry or obtain a warrant for entry, or both.
| 4 | | (3) An inspector may inspect and investigate during | 5 | | regular working hours and at other reasonable times, and | 6 | | within reasonable limits and in a reasonable manner, any | 7 | | workplace described in paragraph (1) and all pertinent | 8 | | conditions, structures, machines, apparatus, devices, | 9 | | equipment, and materials therein, and to question | 10 | | privately the employer or any agent or employee of the | 11 | | employer.
| 12 | | (4) The owner, operator, manager, or lessee of any | 13 | | workplace covered by this Act, and his or her agent or | 14 | | employee, and any employer affected by this Act shall, when | 15 | | requested by the Division of Occupational Safety and Health | 16 | | or any duly authorized agent of that Division: (i) furnish | 17 | | any information in his or her possession or under his or | 18 | | her control which the Department is authorized to require, | 19 | | (ii) answer truthfully all questions required to be put to | 20 | | him or her, and (iii) cooperate in the making of a proper | 21 | | inspection.
| 22 | | Section 70. Inspection of workplace upon complaint. | 23 | | (a) An employee or representative of employees who believes | 24 | | that a violation of an occupational safety and health standard | 25 | | exists in a workplace covered by this Act or that an imminent |
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| 1 | | danger exists in such a place may request an inspection by | 2 | | submitting a written complaint to the Director or his or her | 3 | | authorized representative setting forth with reasonable | 4 | | particularity the grounds for the complaint. The complaint | 5 | | shall be signed by the employee or representative.
| 6 | | (b) If the Director or the Director's authorized | 7 | | representative determines there are no reasonable grounds to | 8 | | believe that a violation or imminent danger exists, he or she | 9 | | shall notify the employee or representative of employees of | 10 | | that determination in writing.
| 11 | | (c) If, upon receipt of the complaint, the Director or his | 12 | | or her authorized representative determines there are | 13 | | reasonable grounds to believe that a violation or imminent | 14 | | danger exists, he or she shall make a special inspection of the | 15 | | workplace in accordance with this Act, as soon as practicable, | 16 | | to determine whether a violation or imminent danger exists.
| 17 | | (d) A copy of the complaint shall be provided to the public | 18 | | employer or its agent by the Director or his or her authorized | 19 | | representative at the time of the inspection, except that, upon | 20 | | the request of the person making the complaint, that person's | 21 | | name and the names of individual employees referred to in the | 22 | | complaint shall not appear in the copy or on any record | 23 | | published, released, or made available by the Director or his | 24 | | or her authorized representative.
| 25 | | (e) Nonformal safety and health complaints shall be handled | 26 | | by an authorized representative of the Director. Based on the |
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| 1 | | severity and legitimacy of the complaint as determined by the | 2 | | Division, the Director's authorized representative shall | 3 | | either schedule an inspection of the workplace or issue a | 4 | | letter to the employer stating the allegations set forth in the | 5 | | complaint.
| 6 | | Section 75. Opportunity to accompany inspection. Subject | 7 | | to rules adopted by the Director, a representative of the | 8 | | employer and a representative authorized by the employer's | 9 | | employees shall be given an opportunity to accompany the | 10 | | Director or his or her authorized representative during the | 11 | | physical inspection of any workplace under this Act for the | 12 | | purpose of aiding the inspection. If there is no authorized | 13 | | employee representative, the Director or his or her authorized | 14 | | representative shall consult with a reasonable number of | 15 | | employees concerning matters of occupational safety and health | 16 | | in the workplace. | 17 | | Section 80. Violation of Act or standard; citation. | 18 | | (a) Upon inspection or investigation of a workplace, if the | 19 | | Director or his or her authorized representative believes that | 20 | | a public employer has violated a requirement of this Act or a | 21 | | standard, rule, or regulation promulgated under this Act, he or | 22 | | she shall with reasonable promptness issue a citation to the | 23 | | employer. A citation shall: (i) be in writing, (ii) describe | 24 | | with particularity the nature of the violation and include a |
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| 1 | | reference to the provision of the Act, standard, rule, or | 2 | | regulation alleged to have been violated, and (iii) fix a | 3 | | reasonable time for the abatement of the violation. | 4 | | (b) Each citation issued under this Section, or a copy or | 5 | | copies thereof, shall be prominently posted at or near the | 6 | | place at which the violation occurred as prescribed in rules | 7 | | adopted by the Director.
| 8 | | (c) A citation shall be served on the employer or the | 9 | | employer's agent by delivering a copy to the person upon whom | 10 | | the service is to be had, or by leaving a copy at his or her | 11 | | usual place of business or abode, or by sending a copy by | 12 | | certified mail to his or her place of business.
| 13 | | (d) A citation may not be issued under this Section after | 14 | | the expiration of 6 months following the occurrence of any | 15 | | violation.
| 16 | | Section 85. Civil penalties. | 17 | | (a) After an inspection of a workplace under this Act, if | 18 | | the Director issues a citation, he or she shall, within 5 days | 19 | | after issuing the citation, notify the employer by certified | 20 | | mail of any civil penalty proposed to be assessed for the | 21 | | violation set forth in the citation.
| 22 | | (b) If the Director has reason to believe that an employer | 23 | | has failed to correct a violation for which a citation has been | 24 | | issued within the period permitted for its correction, the | 25 | | Director shall notify the employer by certified mail of that |
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| 1 | | failure and of the civil penalty proposed to be assessed for | 2 | | that failure.
| 3 | | (c) Civil penalties authorized under this Section are as | 4 | | follows:
| 5 | | (1) A public employer that repeatedly violates this | 6 | | Act, the Safety Inspection and Education Act, or the Health | 7 | | and Safety Act, or any combination of those Acts, or any | 8 | | standard, rule, regulation, or order under any of those | 9 | | Acts, may be assessed a civil penalty of not more than | 10 | | $10,000 per violation.
| 11 | | (2) A public employer that intentionally violates this | 12 | | Act, the Safety Inspection and Education Act, or the Health | 13 | | and Safety Act, or any standard, rule, regulation, or order | 14 | | under any of those Acts, or who demonstrates plain | 15 | | indifference to any provision of any of those Acts or any | 16 | | such standard, rule, regulation, or order, may be assessed | 17 | | a civil penalty of not more than $10,000.
| 18 | | (3) A public employer that has received a citation for | 19 | | a serious violation of this Act, the Safety Inspection and | 20 | | Education Act, or the Health and Safety Act, or any | 21 | | standard, rule, regulation, or order under any of those | 22 | | Acts, may be assessed a civil penalty up to $1,000 for each | 23 | | such violation.
| 24 | | (4) A public employer that has received a citation for | 25 | | a violation of this Act, the Safety Inspection and | 26 | | Education Act, or the Health and Safety Act, or any |
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| 1 | | standard, rule, regulation, or order under any of those | 2 | | Acts, which is not a serious violation, may be assessed a | 3 | | civil penalty of up to $1,000 for each such violation.
| 4 | | (5) A public employer that violates a posting | 5 | | requirement is subject to the following citations and | 6 | | proposed penalty structure:
| 7 | | (A) Job Safety and Health Poster: an other than | 8 | | serious citation and a proposed penalty of $1,000.
| 9 | | (B) Annual Summary of Work-Related Injuries and | 10 | | Illnesses (OSHA Form 300A): an other than serious | 11 | | citation and a proposed penalty of $1,000, even if | 12 | | there are no recordable injuries or illnesses.
| 13 | | (C) Citation: an other than serious citation and a | 14 | | proposed penalty of $1,000.
| 15 | | (6) A public employer that fails to correct a violation | 16 | | for which a citation has been issued within the period | 17 | | permitted may be assessed a civil penalty of up to $1,000 | 18 | | for each day the violation continues.
| 19 | | (d) For purposes of this Section, a "serious violation" | 20 | | shall be deemed to exist in a workplace if there is a | 21 | | substantial probability that death or serious physical harm | 22 | | could result from (i) a condition which exists or (ii) one or | 23 | | more practices, means, methods, operations, or processes which | 24 | | have been adopted or are in use in the workplace, unless the | 25 | | employer did not know and could not, with the exercise of | 26 | | reasonable diligence, have known of the presence of the |
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| 1 | | violation.
| 2 | | (e) The Director may assess civil penalties as provided in | 3 | | this Section, giving due consideration to the appropriateness | 4 | | of the penalty. A penalty may be reduced by the Director or the | 5 | | Director's authorized representative based on the public | 6 | | employer's good faith, size of business, and history of | 7 | | previous violations.
| 8 | | (f) The Attorney General may bring an action in the circuit | 9 | | court to enforce the collection of any civil penalty assessed | 10 | | under this Act. | 11 | | (g) All civil penalties collected under this Act shall be | 12 | | deposited into the General Revenue Fund of the State of | 13 | | Illinois.
| 14 | | Section 90. Informal review. | 15 | | (a) A public employer may submit in writing data relating | 16 | | to the abatement of a hazard to be considered by an authorized | 17 | | representative of the Director. The authorized representative | 18 | | shall notify the interested parties if such data will be used | 19 | | to modify an abatement order. | 20 | | (b) Within 15 working days after receiving a citation, | 21 | | proposed assessment of a civil penalty, or notice of failure to | 22 | | correct a violation, a public employer or the employer's agent | 23 | | may request that an authorized representative of the Director | 24 | | review abatement dates, reclassify violations (such as willful | 25 | | to serious, serious to other than serious), or modify or |
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| 1 | | withdraw a penalty, a citation, or a citation item, or any | 2 | | combination of those, if the employer presents evidence during | 3 | | the informal conference which convinces the authorized | 4 | | representative that the changes are justified. | 5 | | Section 95. Request for hearing. | 6 | | (a) Within 15 working days after receiving a citation, | 7 | | proposed assessment of a civil penalty, or notice of failure to | 8 | | correct a violation, a public employer or the employer's agent, | 9 | | manager, or superintendent may request in writing a hearing | 10 | | before the Director to contest the citation, assessment of a | 11 | | civil penalty, or notice of failure to correct a violation. | 12 | | (b) If, within 15 working days after receiving a citation | 13 | | and notice of penalty or notice of failure to correct a | 14 | | violation issued by the Director, the employer fails to notify | 15 | | the Director that it intends to contest the citation, | 16 | | assessment of a civil penalty, or notice of failure to correct | 17 | | a violation, and if no notice requesting a hearing is filed by | 18 | | an employee or employee representative under subsection (c) | 19 | | within that time, the citation, assessment of a civil penalty, | 20 | | or notice of failure to correct a violation shall be deemed a | 21 | | final order and not subject to review by any court or agency. | 22 | | (c) Within 15 working days after the issuance of a citation | 23 | | under Section 80, an employee or representative of an employee | 24 | | may file a request in writing for a hearing before the Director | 25 | | to contest the citation on the ground that the period of time |
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| 1 | | fixed in the citation for the abatement of the violation | 2 | | identified in the citation is unreasonable.
| 3 | | Section 100. Hearing. | 4 | | (a) If a public employer or the employer's representative | 5 | | notifies the Director that the employer intends to contest a | 6 | | citation and notice of penalty or if, within 15 working days | 7 | | after the issuance of the citation, an employee or | 8 | | representative of employees files a notice with the Director | 9 | | alleging that the period of time fixed in the citation for the | 10 | | abatement of the violation is unreasonable, the Director shall | 11 | | afford an opportunity for a hearing before an Administrative | 12 | | Law Judge designated by the Director. | 13 | | (b) At the hearing, the employer or employee shall state | 14 | | his or her objections to the citation and provide evidence why | 15 | | the citation should not stand as issued. The Director or his or | 16 | | her representative shall be given the opportunity to state his | 17 | | or her reasons for issuing the citation. Affected employees | 18 | | shall be provided an opportunity to participate as parties to | 19 | | hearings under the rules of procedure prescribed by the | 20 | | Director (56 Ill. Admin. Code, Part 120).
| 21 | | (c) The Director, or the Administrative Law Judge on behalf | 22 | | of the Director, has the power to do the following:
| 23 | | (1) Issue subpoenas for and compel the attendance of | 24 | | witnesses.
| 25 | | (2) Hear testimony and receive evidence.
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| 1 | | (3) Order testimony of a witness residing within or | 2 | | without this State to be taken by deposition in the manner | 3 | | prescribed by law for depositions in civil cases in the | 4 | | circuit court in any proceeding pending before him or her | 5 | | at any stage of such proceeding.
| 6 | | (d) Subpoenas and commissions to take testimony shall be | 7 | | under seal of the Director. Service of subpoenas may be made by | 8 | | a sheriff or any other person.
| 9 | | (e) The circuit court for the county where any hearing is | 10 | | pending may compel the attendance of witnesses, the production | 11 | | of pertinent books, papers, records, or documents, and the | 12 | | giving of testimony before the Director or an Administrative | 13 | | Law Judge by an attachment proceeding, as for contempt, in the | 14 | | same manner as the production of evidence may be compelled | 15 | | before the court.
| 16 | | (f) The Administrative Law Judge on behalf of the Director, | 17 | | after considering the evidence presented at the formal hearing, | 18 | | in accordance with the Director's rules, shall enter a final | 19 | | decision and order within a reasonable time affirming, | 20 | | modifying, or vacating the citation or proposed assessment of a | 21 | | civil penalty, or directing other appropriate relief.
| 22 | | Section 105. Judicial review. | 23 | | (a)
Any party adversely affected by a final order or | 24 | | determination of the Administrative Law Judge on behalf of the | 25 | | Director may obtain judicial review of that order or |
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| 1 | | determination by filing a complaint for review within 35 days | 2 | | after the entry of the order or other final action complained | 3 | | of, pursuant to the Administrative Review Law. If no appeal is | 4 | | taken within 35 days after the order or determination is | 5 | | issued, the order shall become final.
| 6 | | (b) A request for judicial review filed under this Section | 7 | | shall be heard expeditiously.
| 8 | | Section 110. Discrimination against employee prohibited. | 9 | | (a) A person may not discharge or in any way discriminate | 10 | | against an employee because the employee has: (i) filed a | 11 | | complaint or instituted or caused to be instituted any | 12 | | proceeding under this Act, (ii) testified or is about to | 13 | | testify in any such proceeding, or (iii) exercised, on his or | 14 | | her own behalf or on behalf of another person, any right | 15 | | afforded by this Act.
| 16 | | (b) An employee who believes that he or she has been | 17 | | discharged or otherwise discriminated against by an employer in | 18 | | violation of this Section may, within 30 calendar days after | 19 | | the violation occurs, file a complaint with the Director | 20 | | alleging the discrimination.
| 21 | | (c) Upon receipt of the complaint, the Director shall cause | 22 | | an investigation to be made as the Director deems appropriate. | 23 | | After the investigation, if the Director determines that the | 24 | | employer has violated this Section, the Director shall bring an | 25 | | action in the circuit court for appropriate relief, including |
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| 1 | | rehiring or reinstatement of the employee to his or her former | 2 | | position with back pay, after taking into account any interim | 3 | | earnings of the employee.
| 4 | | Section 115. Abatement of imminent danger. | 5 | | (a) Whenever the Director determines that an imminent | 6 | | danger exists in the working conditions of any public employee | 7 | | in this State, and that the danger may reasonably be expected | 8 | | to cause death or serious physical harm immediately or before | 9 | | the imminence of the danger can be eliminated through the | 10 | | enforcement procedures otherwise provided by this Act, the | 11 | | Director may file a complaint in the circuit court for | 12 | | appropriate relief, including an order that may require steps | 13 | | to be taken as necessary to abate, avoid, correct, or remove | 14 | | the imminent danger and prohibit the employment or presence of | 15 | | any individual in locations or under conditions where the | 16 | | imminent danger exists, except those individuals whose | 17 | | presence is necessary to abate, avoid, correct, or remove the | 18 | | imminent danger or to maintain the capacity of a continuous | 19 | | process operation to assume normal operations without a | 20 | | complete cessation of operations, or, if a cessation of | 21 | | operations is necessary, to permit the cessation to be | 22 | | accomplished in a safe and orderly manner. | 23 | | (b) If an inspector concludes that an imminent danger | 24 | | exists in any workplace, the inspector shall promptly inform | 25 | | the affected employees or their authorized representative and |
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| 1 | | the employer of the danger and that the inspector will | 2 | | recommend to the Director that relief be sought as provided in | 3 | | subsection (a). | 4 | | (c) If the Director arbitrarily or capriciously fails to | 5 | | seek relief under subsection (a) after receiving an inspector's | 6 | | recommendation under subsection (b), an employee who is injured | 7 | | by reason of such failure, or the representative of the | 8 | | employee, may bring an action against the Director in the | 9 | | circuit court for the county in which the imminent danger is | 10 | | alleged to exist or in which the employer has his or her | 11 | | principal office for relief by mandamus to compel the Director | 12 | | to seek relief under subsection (a) and for such further relief | 13 | | as may be appropriate. | 14 | | Section 120. Criminal penalties. | 15 | | (a) Willful violation. A public employer that willfully | 16 | | violates any provision of this Act or any standard, rule, | 17 | | regulation, or order under this Act commits a Class 4 felony if | 18 | | that violation causes the death of any employee. | 19 | | (b) Advance notice of inspection. A person who gives | 20 | | advance notice to a public employer of any inspection to be | 21 | | conducted under this Act, without authority from the Director | 22 | | or the Director's authorized representative, commits a Class B | 23 | | misdemeanor. | 24 | | (c) False statement. A person who knowingly makes a false | 25 | | statement, representation, or certification in any |
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| 1 | | application, record, report, plan, or other document required | 2 | | under this Act, or any standard, rule, regulation, or order | 3 | | adopted or issued under this Act, commits a Class 4 felony. | 4 | | Section 125. Confidentiality of trade secrets. | 5 | | (a) All information reported to or otherwise obtained by | 6 | | the Director or the Director's authorized representative in | 7 | | connection with any inspection or proceeding under this Act or | 8 | | any standard, rule, regulation, or order adopted or issued | 9 | | under this Act which contains or might reveal a trade secret | 10 | | shall be considered confidential, except that such information | 11 | | may be disclosed confidentially to other officers or employees | 12 | | concerned with carrying out this Act or when relevant to any | 13 | | proceeding under this Act. In any such proceeding, the Director | 14 | | or the court shall issue such orders as may be appropriate, | 15 | | including an order for the impoundment of files or portions of | 16 | | files, to protect the confidentiality of trade secrets. | 17 | | (b) A person who discloses a trade secret in violation of | 18 | | this Section commits a Class B misdemeanor. | 19 | | Section 130. Prosecution by Attorney General or State's | 20 | | Attorney. The Attorney General or a State's Attorney, upon | 21 | | request of the Department, shall prosecute any violation of | 22 | | this Act or a standard, rule, regulation, or order adopted or | 23 | | issued under this Act. |
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| 1 | | Section 135. Safety education and other programs. | 2 | | (a) The Department shall encourage public employers as well | 3 | | as organizations and groups of employees to institute and | 4 | | maintain safety education programs for employees and promote | 5 | | the observation of safety practices.
| 6 | | (b) The Department shall provide and conduct educational | 7 | | programs specifically designed to meet the regulatory | 8 | | requirements set forth in the occupational safety and health | 9 | | standards and to meet the needs of public employers.
| 10 | | (c) The Department shall conduct regular public | 11 | | information programs to inform public employers of changes or | 12 | | updates to the standards and rules adopted under this Act as | 13 | | necessary.
| 14 | | (d) The Department shall provide support services for any | 15 | | public employer that needs assistance with the public | 16 | | employer's self-inspection programs.
| 17 | | Section 140. Director's reports. | 18 | | (a) In the annual report to the Governor required by the | 19 | | Civil Administrative Code of Illinois, the Director shall | 20 | | report the result of inspections and investigations made of | 21 | | establishments under this Act, together with such other | 22 | | information and recommendations as he or she deems proper. | 23 | | (b) The Director shall make an annual report of his or her | 24 | | work under this Act to the Governor on or before the first day | 25 | | of February of each year. The Director shall make a biennial |
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| 1 | | report to the General Assembly on or before the first day of | 2 | | February of each odd-numbered year. | 3 | | Section 145. Transition provisions. This Act does not | 4 | | affect any act done, ratified, or canceled, or any right | 5 | | occurring or established, or any action or proceeding had or | 6 | | commenced in an administrative, civil, or criminal cause, under | 7 | | the Safety Inspection and Education Act or the Health and | 8 | | Safety Act, or any standard or rule adopted under either of | 9 | | those Acts, before the effective date of this Act. An employee | 10 | | or public employer may enforce any such right under this Act. | 11 | | The Department, or the Attorney General or a State's Attorney, | 12 | | may prosecute or continue any such action or proceeding under | 13 | | this Act. | 14 | | Section 900. The Civil Administrative Code of Illinois is | 15 | | amended by changing Sections 5-145 and 5-365 as follows:
| 16 | | (20 ILCS 5/5-145) (was 20 ILCS 5/5.03)
| 17 | | Sec. 5-145. In the Department of Labor. Assistant Director | 18 | | of Labor;
Chief Safety Factory Inspector; and
Superintendent of | 19 | | Occupational Safety and Health Inspection and Education .
| 20 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 21 | | (20 ILCS 5/5-365) (was 20 ILCS 5/9.03)
| 22 | | Sec. 5-365. In the Department of Labor. The Director of |
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| 1 | | Labor shall
receive an annual salary as set by the Compensation | 2 | | Review Board.
| 3 | | The Assistant Director of Labor shall receive
an annual | 4 | | salary as set by the Compensation Review Board.
| 5 | | The Chief Safety Factory Inspector shall receive $24,700 | 6 | | from the third Monday
in January, 1979 to the third Monday in | 7 | | January, 1980, and $25,000
thereafter, or as set by the | 8 | | Compensation Review Board, whichever is greater.
| 9 | | The Superintendent of Occupational Safety and Health | 10 | | Inspection and Education shall receive
$27,500, or as set by | 11 | | the Compensation Review Board, whichever is greater.
| 12 | | The Superintendent of Women's and Children's Employment | 13 | | shall receive
$22,000 from the third Monday in January, 1979 to | 14 | | the third Monday in January,
1980, and $22,500 thereafter, or | 15 | | as set by the
Compensation Review Board, whichever is greater.
| 16 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 17 | | (820 ILCS 220/Act rep.)
| 18 | | Section 910. The Safety Inspection and Education Act is | 19 | | repealed.
| 20 | | (820 ILCS 225/Act rep.)
| 21 | | Section 915. The Health and Safety Act is repealed.
| 22 | | Section 920. The Workers' Compensation Act is amended by | 23 | | changing Sections 6 and 19 as follows:
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| 1 | | (820 ILCS 305/6) (from Ch. 48, par. 138.6)
| 2 | | Sec. 6. (a) Every employer within the provisions of this | 3 | | Act, shall,
under the rules and regulations prescribed by the | 4 | | Commission, post
printed notices in their respective places of | 5 | | employment in such number
and at such places as may be | 6 | | determined by the Commission, containing
such information | 7 | | relative to this Act as in the judgment of the
Commission may | 8 | | be necessary to aid employees to safeguard their rights
under | 9 | | this Act in event of injury.
| 10 | | In addition thereto, the employer shall post in a | 11 | | conspicuous place
on the place of the employment a printed or | 12 | | typewritten notice stating
whether he is insured or whether he | 13 | | has qualified and is operating as a
self-insured employer. In | 14 | | the event the employer is insured, the notice
shall state the | 15 | | name and address of his insurance carrier, the number of
the | 16 | | insurance policy, its effective date and the date of | 17 | | termination. In
the event of the termination of the policy for | 18 | | any reason prior to the
termination date stated, the posted | 19 | | notice shall promptly be corrected
accordingly. In the event | 20 | | the employer is operating as a self-insured
employer the notice | 21 | | shall state the name and address of the company, if
any, | 22 | | servicing the compensation payments of the employer, and the | 23 | | name
and address of the person in charge of making compensation | 24 | | payments.
| 25 | | (b) Every employer subject to this Act shall maintain |
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| 1 | | accurate
records of work-related deaths, injuries and illness | 2 | | other than minor
injuries requiring only first aid treatment | 3 | | and which do not involve
medical treatment, loss of | 4 | | consciousness, restriction of work or motion,
or transfer to | 5 | | another job and file with the Commission, in writing, a
report | 6 | | of all accidental deaths, injuries and illnesses arising out of
| 7 | | and in the course of the employment resulting in the loss of | 8 | | more than
3 scheduled work days. In the case of death such | 9 | | report shall be
made no later than 2 working days following the | 10 | | accidental death. In
all other cases such report shall be made | 11 | | between the 15th and 25th of
each month unless required to be | 12 | | made sooner by rule of the Commission.
In case the injury | 13 | | results in permanent disability, a further report
shall be made | 14 | | as soon as it is determined that such permanent disability
has | 15 | | resulted or will result from the injury. All reports shall | 16 | | state
the date of the injury, including the time of day or | 17 | | night, the nature
of the employer's business, the name, | 18 | | address, age, sex, conjugal
condition of the injured person, | 19 | | the specific occupation of the injured
person, the direct cause | 20 | | of the injury and the nature of the accident,
the character of | 21 | | the injury, the length of disability, and in case of
death the | 22 | | length of disability before death, the wages of the injured
| 23 | | person, whether compensation has been paid to the injured | 24 | | person, or to
his or her legal representative or his heirs or | 25 | | next of kin, the amount of
compensation paid, the amount paid | 26 | | for physicians', surgeons' and
hospital bills, and by whom |
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| 1 | | paid, and the amount paid for funeral or
burial expenses if | 2 | | known. The reports shall be made on forms and in the
manner as | 3 | | prescribed by the Commission and shall contain such further
| 4 | | information as the Commission shall deem necessary and require. | 5 | | The
making of these reports releases the employer from making | 6 | | such reports
to any other officer of the State and shall | 7 | | satisfy the reporting
provisions as contained in the Safety | 8 | | Inspection and Education Act, the " Health and Safety Act , " and | 9 | | the Occupational Safety and Health Act "An Act in
relation to | 10 | | safety inspections and education in industrial and
commercial | 11 | | establishments and to repeal an Act therein named", approved
| 12 | | July 18, 1955, as now or hereafter amended . The reports filed | 13 | | with the
Commission pursuant to this Section shall be made | 14 | | available by the
Commission to the Director of Labor or his | 15 | | representatives and to all
other departments of the State of | 16 | | Illinois which shall require such
information for the proper | 17 | | discharge of their official duties. Failure
to file with the | 18 | | Commission any of the reports required in this Section
is a | 19 | | petty offense.
| 20 | | Except as provided in this paragraph, all reports filed | 21 | | hereunder shall
be confidential and any person
having access to | 22 | | such records filed with the Illinois Workers' Compensation | 23 | | Commission as
herein required, who shall release any | 24 | | information therein contained
including the names or otherwise | 25 | | identify any persons sustaining
injuries or disabilities, or | 26 | | give access to such information to any
unauthorized person, |
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| 1 | | shall be subject to discipline or discharge, and in
addition | 2 | | shall be guilty of a Class B misdemeanor. The Commission shall
| 3 | | compile and distribute to interested persons aggregate | 4 | | statistics, taken
from the reports filed hereunder. The | 5 | | aggregate statistics shall not give
the names or otherwise | 6 | | identify persons sustaining injuries or disabilities
or the | 7 | | employer of any injured or disabled person.
| 8 | | (c) Notice of the accident shall be given to the employer | 9 | | as soon as
practicable, but not later than 45 days after the | 10 | | accident. Provided:
| 11 | | (1) In case of the legal disability of the employee
or any | 12 | | dependent of a
deceased employee who may be entitled to | 13 | | compensation under the
provisions of this Act, the limitations | 14 | | of time by this Act provided do
not begin to run against such | 15 | | person under legal disability
until a
guardian has been | 16 | | appointed.
| 17 | | (2) In cases of injuries sustained by exposure to | 18 | | radiological
materials or equipment, notice shall be given to | 19 | | the employer within 90
days subsequent to the time that the | 20 | | employee knows or suspects that he
has received an excessive | 21 | | dose of radiation.
| 22 | | No defect or inaccuracy of such notice shall be a bar to | 23 | | the
maintenance of proceedings on arbitration or otherwise by | 24 | | the employee
unless the employer proves that he is unduly | 25 | | prejudiced in such
proceedings by such defect or inaccuracy.
| 26 | | Notice of the accident shall give the approximate date and |
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| 1 | | place of
the accident, if known, and may be given orally or in | 2 | | writing.
| 3 | | (d) Every employer shall notify each injured employee who | 4 | | has been
granted compensation under the provisions of Section 8 | 5 | | of this Act
of his rights to rehabilitation services and advise | 6 | | him of the locations
of available public rehabilitation centers | 7 | | and any other such services
of which the employer has | 8 | | knowledge.
| 9 | | In any case, other than one where the injury was caused by | 10 | | exposure
to radiological materials or equipment or asbestos | 11 | | unless the application for
compensation is filed with the | 12 | | Commission within 3 years after the date
of the accident, where | 13 | | no compensation has been paid, or within 2 years
after the date | 14 | | of the last payment of compensation, where any has been
paid, | 15 | | whichever shall be later, the right to file such application | 16 | | shall
be barred.
| 17 | | In any case of injury caused by exposure to radiological | 18 | | materials or
equipment or asbestos, unless application for | 19 | | compensation is filed with the
Commission within 25 years after | 20 | | the last day that the employee was
employed in an environment | 21 | | of hazardous radiological activity or asbestos,
the right to | 22 | | file such application shall be barred.
| 23 | | If in any case except one where the injury was caused by | 24 | | exposure to
radiological materials or equipment or asbestos, | 25 | | the accidental injury
results in death application for | 26 | | compensation for death may be filed with the
Commission within |
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| 1 | | 3 years after the date of death where no compensation
has been | 2 | | paid or within 2 years after the date of the last payment of
| 3 | | compensation where any has been paid, whichever shall be later, | 4 | | but not
thereafter.
| 5 | | If an accidental injury caused by exposure to radiological | 6 | | material
or equipment or asbestos results in death within 25 | 7 | | years after the last
day that the employee was so exposed | 8 | | application for compensation for death may
be filed with the | 9 | | Commission within 3 years after the date of death,
where no | 10 | | compensation has been paid, or within 2 years after the date of
| 11 | | the last payment of compensation where any has been paid, | 12 | | whichever
shall be later, but not thereafter.
| 13 | | (e) Any contract or agreement made by any employer or his | 14 | | agent or
attorney with any employee or any other beneficiary of | 15 | | any claim under
the provisions of this Act within 7 days after | 16 | | the injury shall be
presumed to be fraudulent.
| 17 | | (f) Any condition or impairment of health of an employee | 18 | | employed as a
firefighter, emergency medical technician (EMT), | 19 | | or paramedic which results
directly or indirectly from any | 20 | | bloodborne pathogen, lung or respiratory
disease
or condition, | 21 | | heart
or vascular disease or condition, hypertension, | 22 | | tuberculosis, or cancer
resulting in any disability | 23 | | (temporary, permanent, total, or partial) to the
employee shall | 24 | | be rebuttably presumed to arise out of and in the course of
the | 25 | | employee's firefighting, EMT, or paramedic employment and, | 26 | | further, shall
be
rebuttably presumed to be causally connected |
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| 1 | | to the hazards or exposures of
the employment. This presumption | 2 | | shall also apply to any hernia or hearing
loss suffered by an | 3 | | employee employed as a firefighter, EMT, or paramedic.
However, | 4 | | this presumption shall not apply to any employee who has been | 5 | | employed
as a firefighter, EMT, or paramedic for less than 5 | 6 | | years at the time he or she files an Application for Adjustment | 7 | | of Claim concerning this condition or impairment with the | 8 | | Illinois Workers' Compensation Commission. The rebuttable | 9 | | presumption established under this subsection, however, does | 10 | | not apply to an emergency medical technician (EMT) or paramedic | 11 | | employed by a private employer if the employee spends the | 12 | | preponderance of his or her work time for that employer engaged | 13 | | in medical transfers between medical care facilities or | 14 | | non-emergency medical transfers to or from medical care | 15 | | facilities. The changes made to this subsection by this | 16 | | amendatory Act of the 98th General Assembly shall be narrowly | 17 | | construed. The Finding and Decision of the Illinois Workers' | 18 | | Compensation Commission under only the rebuttable presumption | 19 | | provision of this subsection shall not be admissible or be | 20 | | deemed res judicata in any disability claim under the Illinois | 21 | | Pension Code arising out of the same medical condition; | 22 | | however, this sentence makes no change to the law set forth in | 23 | | Krohe v. City of Bloomington, 204 Ill.2d 392.
| 24 | | (Source: P.A. 98-291, eff. 1-1-14.)
| 25 | | (820 ILCS 305/19) (from Ch. 48, par. 138.19)
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| 1 | | Sec. 19. Any disputed questions of law or fact shall be | 2 | | determined
as herein provided.
| 3 | | (a) It shall be the duty of the Commission upon | 4 | | notification that
the parties have failed to reach an | 5 | | agreement, to designate an Arbitrator.
| 6 | | 1. Whenever any claimant misconceives his remedy and | 7 | | files an
application for adjustment of claim under this Act | 8 | | and it is
subsequently discovered, at any time before final | 9 | | disposition of such
cause, that the claim for disability or | 10 | | death which was the basis for
such application should | 11 | | properly have been made under the Workers'
Occupational | 12 | | Diseases Act, then the provisions of Section 19, paragraph
| 13 | | (a-1) of the Workers' Occupational Diseases Act having | 14 | | reference to such
application shall apply.
| 15 | | 2. Whenever any claimant misconceives his remedy and | 16 | | files an
application for adjustment of claim under the | 17 | | Workers' Occupational
Diseases Act and it is subsequently | 18 | | discovered, at any time before final
disposition of such | 19 | | cause that the claim for injury or death which was
the | 20 | | basis for such application should properly have been made | 21 | | under this
Act, then the application so filed under the | 22 | | Workers' Occupational
Diseases Act may be amended in form, | 23 | | substance or both to assert claim
for such disability or | 24 | | death under this Act and it shall be deemed to
have been so | 25 | | filed as amended on the date of the original filing
| 26 | | thereof, and such compensation may be awarded as is |
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| 1 | | warranted by the
whole evidence pursuant to this Act. When | 2 | | such amendment is submitted,
further or additional | 3 | | evidence may be heard by the Arbitrator or
Commission when | 4 | | deemed necessary. Nothing in this Section contained
shall | 5 | | be construed to be or permit a waiver of any provisions of | 6 | | this
Act with reference to notice but notice if given shall | 7 | | be deemed to be a
notice under the provisions of this Act | 8 | | if given within the time
required herein.
| 9 | | (b) The Arbitrator shall make such inquiries and | 10 | | investigations as he or
they shall deem necessary and may | 11 | | examine and inspect all books, papers,
records, places, or | 12 | | premises relating to the questions in dispute and hear
such | 13 | | proper evidence as the parties may submit.
| 14 | | The hearings before the Arbitrator shall be held in the | 15 | | vicinity where
the injury occurred after 10 days' notice of the | 16 | | time and place of such
hearing shall have been given to each of | 17 | | the parties or their attorneys
of record.
| 18 | | The Arbitrator may find that the disabling condition is | 19 | | temporary and has
not yet reached a permanent condition and may | 20 | | order the payment of
compensation up to the date of the | 21 | | hearing, which award shall be reviewable
and enforceable in the | 22 | | same manner as other awards, and in no instance be a
bar to a | 23 | | further hearing and determination of a further amount of | 24 | | temporary
total compensation or of compensation for permanent | 25 | | disability, but shall
be conclusive as to all other questions | 26 | | except the nature and extent of said
disability.
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| 1 | | The decision of the Arbitrator shall be filed with the | 2 | | Commission which
Commission shall immediately send to each | 3 | | party or his attorney a copy of
such decision, together with a | 4 | | notification of the time when it was filed.
As of the effective | 5 | | date of this amendatory Act of the 94th General Assembly, all | 6 | | decisions of the Arbitrator shall set forth
in writing findings | 7 | | of fact and conclusions of law, separately stated, if requested | 8 | | by either party.
Unless a petition for review is filed by | 9 | | either party within 30 days after
the receipt by such party of | 10 | | the copy of the decision and notification of
time when filed, | 11 | | and unless such party petitioning for a review shall
within 35 | 12 | | days after the receipt by him of the copy of the decision, file
| 13 | | with the Commission either an agreed statement of the facts | 14 | | appearing upon
the hearing before the Arbitrator, or if such
| 15 | | party shall so elect a correct transcript of evidence of the | 16 | | proceedings
at such hearings, then the decision shall become | 17 | | the decision of the
Commission and in the absence of fraud | 18 | | shall be conclusive.
The Petition for Review shall contain a | 19 | | statement of the petitioning party's
specific exceptions to the | 20 | | decision of the arbitrator. The jurisdiction
of the Commission | 21 | | to review the decision of the arbitrator shall not be
limited | 22 | | to the exceptions stated in the Petition for Review.
The | 23 | | Commission, or any member thereof, may grant further time not | 24 | | exceeding
30 days, in which to file such agreed statement or | 25 | | transcript of
evidence. Such agreed statement of facts or | 26 | | correct transcript of
evidence, as the case may be, shall be |
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| 1 | | authenticated by the signatures
of the parties or their | 2 | | attorneys, and in the event they do not agree as
to the | 3 | | correctness of the transcript of evidence it shall be | 4 | | authenticated
by the signature of the Arbitrator designated by | 5 | | the Commission.
| 6 | | Whether the employee is working or not, if the employee is | 7 | | not receiving or has not received medical, surgical, or | 8 | | hospital services or other services or compensation as provided | 9 | | in paragraph (a) of Section 8, or compensation as provided in | 10 | | paragraph (b) of Section 8, the employee may at any time | 11 | | petition for an expedited hearing by an Arbitrator on the issue | 12 | | of whether or not he or she is entitled to receive payment of | 13 | | the services or compensation. Provided the employer continues | 14 | | to pay compensation pursuant to paragraph (b) of Section 8, the | 15 | | employer may at any time petition for an expedited hearing on | 16 | | the issue of whether or not the employee is entitled to receive | 17 | | medical, surgical, or hospital services or other services or | 18 | | compensation as provided in paragraph (a) of Section 8, or | 19 | | compensation as provided in paragraph (b) of Section 8. When an | 20 | | employer has petitioned for an expedited hearing, the employer | 21 | | shall continue to pay compensation as provided in paragraph (b) | 22 | | of Section 8 unless the arbitrator renders a decision that the | 23 | | employee is not entitled to the benefits that are the subject | 24 | | of the expedited hearing or unless the employee's treating | 25 | | physician has released the employee to return to work at his or | 26 | | her regular job with the employer or the employee actually |
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| 1 | | returns to work at any other job. If the arbitrator renders a | 2 | | decision that the employee is not entitled to the benefits that | 3 | | are the subject of the expedited hearing, a petition for review | 4 | | filed by the employee shall receive the same priority as if the | 5 | | employee had filed a petition for an expedited hearing by an | 6 | | Arbitrator. Neither party shall be entitled to an expedited | 7 | | hearing when the employee has returned to work and the sole | 8 | | issue in dispute amounts to less than 12 weeks of unpaid | 9 | | compensation pursuant to paragraph (b) of Section 8. | 10 | | Expedited hearings shall have priority over all other | 11 | | petitions and shall be heard by the Arbitrator and Commission | 12 | | with all convenient speed. Any party requesting an expedited | 13 | | hearing shall give notice of a request for an expedited hearing | 14 | | under this paragraph. A copy of the Application for Adjustment | 15 | | of Claim shall be attached to the notice. The Commission shall | 16 | | adopt rules and procedures under which the final decision of | 17 | | the Commission under this paragraph is filed not later than 180 | 18 | | days from the date that the Petition for Review is filed with | 19 | | the Commission. | 20 | | Where 2 or more insurance carriers, private self-insureds, | 21 | | or a group workers' compensation pool under Article V 3/4 of | 22 | | the Illinois Insurance Code dispute coverage for the same | 23 | | injury, any such insurance carrier, private self-insured, or | 24 | | group workers' compensation pool may request an expedited | 25 | | hearing pursuant to this paragraph to determine the issue of | 26 | | coverage, provided coverage is the only issue in dispute and |
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| 1 | | all other issues are stipulated and agreed to and further | 2 | | provided that all compensation benefits including medical | 3 | | benefits pursuant to Section 8(a) continue to be paid to or on | 4 | | behalf of petitioner. Any insurance carrier, private | 5 | | self-insured, or group workers' compensation pool that is | 6 | | determined to be liable for coverage for the injury in issue | 7 | | shall reimburse any insurance carrier, private self-insured, | 8 | | or group workers' compensation pool that has paid benefits to | 9 | | or on behalf of petitioner for the injury.
| 10 | | (b-1) If the employee is not receiving medical, surgical or | 11 | | hospital
services as provided in paragraph (a) of Section 8 or | 12 | | compensation as
provided in paragraph (b) of Section 8, the | 13 | | employee, in accordance with
Commission Rules, may file a | 14 | | petition for an emergency hearing by an
Arbitrator on the issue | 15 | | of whether or not he is entitled to receive payment
of such | 16 | | compensation or services as provided therein. Such petition | 17 | | shall
have priority over all other petitions and shall be heard | 18 | | by the Arbitrator
and Commission with all convenient speed.
| 19 | | Such petition shall contain the following information and | 20 | | shall be served
on the employer at least 15 days before it is | 21 | | filed:
| 22 | | (i) the date and approximate time of accident;
| 23 | | (ii) the approximate location of the accident;
| 24 | | (iii) a description of the accident;
| 25 | | (iv) the nature of the injury incurred by the employee;
| 26 | | (v) the identity of the person, if known, to whom the |
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| 1 | | accident was
reported and the date on which it was | 2 | | reported;
| 3 | | (vi) the name and title of the person, if known, | 4 | | representing the
employer with whom the employee conferred | 5 | | in any effort to obtain
compensation pursuant to paragraph | 6 | | (b) of Section 8 of this Act or medical,
surgical or | 7 | | hospital services pursuant to paragraph (a) of Section 8 of
| 8 | | this Act and the date of such conference;
| 9 | | (vii) a statement that the employer has refused to pay | 10 | | compensation
pursuant to paragraph (b) of Section 8 of this | 11 | | Act or for medical, surgical
or hospital services pursuant | 12 | | to paragraph (a) of Section 8 of this Act;
| 13 | | (viii) the name and address, if known, of each witness | 14 | | to the accident
and of each other person upon whom the | 15 | | employee will rely to support his
allegations;
| 16 | | (ix) the dates of treatment related to the accident by | 17 | | medical
practitioners, and the names and addresses of such | 18 | | practitioners, including
the dates of treatment related to | 19 | | the accident at any hospitals and the
names and addresses | 20 | | of such hospitals, and a signed authorization
permitting | 21 | | the employer to examine all medical records of all | 22 | | practitioners
and hospitals named pursuant to this | 23 | | paragraph;
| 24 | | (x) a copy of a signed report by a medical | 25 | | practitioner, relating to the
employee's current inability | 26 | | to return to work because of the injuries
incurred as a |
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| 1 | | result of the accident or such other documents or | 2 | | affidavits
which show that the employee is entitled to | 3 | | receive compensation pursuant
to paragraph (b) of Section 8 | 4 | | of this Act or medical, surgical or hospital
services | 5 | | pursuant to paragraph (a) of Section 8 of this Act. Such | 6 | | reports,
documents or affidavits shall state, if possible, | 7 | | the history of the
accident given by the employee, and | 8 | | describe the injury and medical
diagnosis, the medical | 9 | | services for such injury which the employee has
received | 10 | | and is receiving, the physical activities which the | 11 | | employee
cannot currently perform as a result of any | 12 | | impairment or disability due to
such injury, and the | 13 | | prognosis for recovery;
| 14 | | (xi) complete copies of any reports, records, | 15 | | documents and affidavits
in the possession of the employee | 16 | | on which the employee will rely to
support his allegations, | 17 | | provided that the employer shall pay the
reasonable cost of | 18 | | reproduction thereof;
| 19 | | (xii) a list of any reports, records, documents and | 20 | | affidavits which
the employee has demanded by subpoena and | 21 | | on which he intends to
rely to support his allegations;
| 22 | | (xiii) a certification signed by the employee or his | 23 | | representative that
the employer has received the petition | 24 | | with the required information 15
days before filing.
| 25 | | Fifteen days after receipt by the employer of the petition | 26 | | with the
required information the employee may file said |
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| 1 | | petition and required
information and shall serve notice of the | 2 | | filing upon the employer. The
employer may file a motion | 3 | | addressed to the sufficiency of the petition.
If an objection | 4 | | has been filed to the sufficiency of the petition, the
| 5 | | arbitrator shall rule on the objection within 2 working days. | 6 | | If such an
objection is filed, the time for filing the final | 7 | | decision of the
Commission as provided in this paragraph shall | 8 | | be tolled until the
arbitrator has determined that the petition | 9 | | is sufficient.
| 10 | | The employer shall, within 15 days after receipt of the | 11 | | notice that such
petition is filed, file with the Commission | 12 | | and serve on the employee or
his representative a written | 13 | | response to each claim set forth in the
petition, including the | 14 | | legal and factual basis for each disputed
allegation and the | 15 | | following information: (i) complete copies of any
reports, | 16 | | records, documents and affidavits in the possession of the
| 17 | | employer on which the employer intends to rely in support of | 18 | | his response,
(ii) a list of any reports, records, documents | 19 | | and affidavits which the
employer has demanded by subpoena and | 20 | | on which the employer intends to rely
in support of his | 21 | | response, (iii) the name and address of each witness on
whom | 22 | | the employer will rely to support his response, and (iv) the | 23 | | names and
addresses of any medical practitioners selected by | 24 | | the employer pursuant to
Section 12 of this Act and the time | 25 | | and place of any examination scheduled
to be made pursuant to | 26 | | such Section.
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| 1 | | Any employer who does not timely file and serve a written | 2 | | response
without good cause may not introduce any evidence to | 3 | | dispute any claim of
the employee but may cross examine the | 4 | | employee or any witness brought by
the employee and otherwise | 5 | | be heard.
| 6 | | No document or other evidence not previously identified by | 7 | | either party
with the petition or written response, or by any | 8 | | other means before the
hearing, may be introduced into evidence | 9 | | without good cause.
If, at the hearing, material information is | 10 | | discovered which was
not previously disclosed, the Arbitrator | 11 | | may extend the time for closing
proof on the motion of a party | 12 | | for a reasonable period of time which may
be more than 30 days. | 13 | | No evidence may be introduced pursuant
to this paragraph as to | 14 | | permanent disability. No award may be entered for
permanent | 15 | | disability pursuant to this paragraph. Either party may | 16 | | introduce
into evidence the testimony taken by deposition of | 17 | | any medical practitioner.
| 18 | | The Commission shall adopt rules, regulations and | 19 | | procedures whereby the
final decision of the Commission is | 20 | | filed not later than 90 days from the
date the petition for | 21 | | review is filed but in no event later than 180 days from
the | 22 | | date the petition for an emergency hearing is filed with the | 23 | | Illinois Workers' Compensation
Commission.
| 24 | | All service required pursuant to this paragraph (b-1) must | 25 | | be by personal
service or by certified mail and with evidence | 26 | | of receipt. In addition for
the purposes of this paragraph, all |
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| 1 | | service on the employer must be at the
premises where the | 2 | | accident occurred if the premises are owned or operated
by the | 3 | | employer. Otherwise service must be at the employee's principal
| 4 | | place of employment by the employer. If service on the employer | 5 | | is not
possible at either of the above, then service shall be | 6 | | at the employer's
principal place of business. After initial | 7 | | service in each case, service
shall be made on the employer's | 8 | | attorney or designated representative.
| 9 | | (c)(1) At a reasonable time in advance of and in connection | 10 | | with the
hearing under Section 19(e) or 19(h), the Commission | 11 | | may on its own motion
order an impartial physical or mental | 12 | | examination of a petitioner whose
mental or physical condition | 13 | | is in issue, when in the Commission's
discretion it appears | 14 | | that such an examination will materially aid in the
just | 15 | | determination of the case. The examination shall be made by a | 16 | | member
or members of a panel of physicians chosen for their | 17 | | special qualifications
by the Illinois State Medical Society. | 18 | | The Commission shall establish
procedures by which a physician | 19 | | shall be selected from such list.
| 20 | | (2) Should the Commission at any time during the hearing | 21 | | find that
compelling considerations make it advisable to have | 22 | | an examination and
report at that time, the commission may in | 23 | | its discretion so order.
| 24 | | (3) A copy of the report of examination shall be given to | 25 | | the Commission
and to the attorneys for the parties.
| 26 | | (4) Either party or the Commission may call the examining |
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| 1 | | physician or
physicians to testify. Any physician so called | 2 | | shall be subject to
cross-examination.
| 3 | | (5) The examination shall be made, and the physician or | 4 | | physicians, if
called, shall testify, without cost to the | 5 | | parties. The Commission shall
determine the compensation and | 6 | | the pay of the physician or physicians. The
compensation for | 7 | | this service shall not exceed the usual and customary amount
| 8 | | for such service.
| 9 | | (6) The fees and payment thereof of all attorneys and | 10 | | physicians for
services authorized by the Commission under this | 11 | | Act shall, upon request
of either the employer or the employee | 12 | | or the beneficiary affected, be
subject to the review and | 13 | | decision of the Commission.
| 14 | | (d) If any employee shall persist in insanitary or | 15 | | injurious
practices which tend to either imperil or retard his | 16 | | recovery or shall
refuse to submit to such medical, surgical, | 17 | | or hospital treatment as is
reasonably essential to promote his | 18 | | recovery, the Commission may, in its
discretion, reduce or | 19 | | suspend the compensation of any such injured
employee. However, | 20 | | when an employer and employee so agree in writing,
the | 21 | | foregoing provision shall not be construed to authorize the
| 22 | | reduction or suspension of compensation of an employee who is | 23 | | relying in
good faith, on treatment by prayer or spiritual | 24 | | means alone, in
accordance with the tenets and practice of a | 25 | | recognized church or
religious denomination, by a duly | 26 | | accredited practitioner thereof.
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| 1 | | (e) This paragraph shall apply to all hearings before the | 2 | | Commission.
Such hearings may be held in its office or | 3 | | elsewhere as the Commission
may deem advisable. The taking of | 4 | | testimony on such hearings may be had
before any member of the | 5 | | Commission. If a petition for review and agreed
statement of | 6 | | facts or transcript of evidence is filed, as provided herein,
| 7 | | the Commission shall promptly review the decision of the | 8 | | Arbitrator and all
questions of law or fact which appear from | 9 | | the statement of facts or
transcript of evidence.
| 10 | | In all cases in which the hearing before the arbitrator is | 11 | | held after
December 18, 1989, no additional evidence shall be | 12 | | introduced by the
parties before the Commission on review of | 13 | | the decision of the Arbitrator.
In reviewing decisions of an | 14 | | arbitrator the Commission shall award such
temporary | 15 | | compensation, permanent compensation and other payments as are
| 16 | | due under this Act. The Commission shall file in its office its | 17 | | decision
thereon, and shall immediately send to each party or | 18 | | his attorney a copy of
such decision and a notification of the | 19 | | time when it was filed. Decisions
shall be filed within 60 days | 20 | | after the Statement of Exceptions and
Supporting Brief and | 21 | | Response thereto are required to be filed or oral
argument | 22 | | whichever is later.
| 23 | | In the event either party requests oral argument, such | 24 | | argument shall be
had before a panel of 3 members of the | 25 | | Commission (or before all available
members pursuant to the | 26 | | determination of 7 members of the Commission that
such argument |
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| 1 | | be held before all available members of the Commission)
| 2 | | pursuant to the rules and regulations of the Commission. A | 3 | | panel of 3
members, which shall be comprised of not more than | 4 | | one representative
citizen of the employing class and not more | 5 | | than one representative citizen
of the employee class, shall | 6 | | hear the argument; provided that if all the
issues in dispute | 7 | | are solely the nature and extent of the permanent partial
| 8 | | disability, if any, a majority of the panel may deny the | 9 | | request for such
argument and such argument shall not be held; | 10 | | and provided further that 7
members of the Commission may | 11 | | determine that the argument be held before
all available | 12 | | members of the Commission. A decision of the Commission
shall | 13 | | be approved by a majority of Commissioners present at such | 14 | | hearing if
any; provided, if no such hearing is held, a | 15 | | decision of the Commission
shall be approved by a majority of a | 16 | | panel of 3 members of the Commission
as described in this | 17 | | Section. The Commission shall give 10 days' notice to
the | 18 | | parties or their attorneys of the time and place of such taking | 19 | | of
testimony and of such argument.
| 20 | | In any case the Commission in its decision may find | 21 | | specially
upon any question or questions of law or fact which | 22 | | shall be submitted
in writing by either party whether ultimate | 23 | | or otherwise;
provided that on issues other than nature and | 24 | | extent of the disability,
if any, the Commission in its | 25 | | decision shall find specially upon any
question or questions of | 26 | | law or fact, whether ultimate or otherwise,
which are submitted |
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| 1 | | in writing by either party; provided further that
not more than | 2 | | 5 such questions may be submitted by either party. Any
party | 3 | | may, within 20 days after receipt of notice of the Commission's
| 4 | | decision, or within such further time, not exceeding 30 days, | 5 | | as the
Commission may grant, file with the Commission either an | 6 | | agreed
statement of the facts appearing upon the hearing, or, | 7 | | if such party
shall so elect, a correct transcript of evidence | 8 | | of the additional
proceedings presented before the Commission, | 9 | | in which report the party
may embody a correct statement of | 10 | | such other proceedings in the case as
such party may desire to | 11 | | have reviewed, such statement of facts or
transcript of | 12 | | evidence to be authenticated by the signature of the
parties or | 13 | | their attorneys, and in the event that they do not agree,
then | 14 | | the authentication of such transcript of evidence shall be by | 15 | | the
signature of any member of the Commission.
| 16 | | If a reporter does not for any reason furnish a transcript | 17 | | of the
proceedings before the Arbitrator in any case for use on | 18 | | a hearing for
review before the Commission, within the | 19 | | limitations of time as fixed in
this Section, the Commission | 20 | | may, in its discretion, order a trial de
novo before the | 21 | | Commission in such case upon application of either
party. The | 22 | | applications for adjustment of claim and other documents in
the | 23 | | nature of pleadings filed by either party, together with the
| 24 | | decisions of the Arbitrator and of the Commission and the | 25 | | statement of
facts or transcript of evidence hereinbefore | 26 | | provided for in paragraphs
(b) and (c) shall be the record of |
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| 1 | | the proceedings of the Commission,
and shall be subject to | 2 | | review as hereinafter provided.
| 3 | | At the request of either party or on its own motion, the | 4 | | Commission shall
set forth in writing the reasons for the | 5 | | decision, including findings of
fact and conclusions of law | 6 | | separately stated. The Commission shall by rule
adopt a format | 7 | | for written decisions for the Commission and arbitrators.
The | 8 | | written decisions shall be concise and shall succinctly state | 9 | | the facts
and reasons for the decision. The Commission may | 10 | | adopt in whole or in part,
the decision of the arbitrator as | 11 | | the decision of the Commission. When the
Commission does so | 12 | | adopt the decision of the arbitrator, it shall do so by
order. | 13 | | Whenever the Commission adopts part of the arbitrator's | 14 | | decision,
but not all, it shall include in the order the | 15 | | reasons for not adopting all
of the arbitrator's decision. When | 16 | | a majority of a panel, after
deliberation, has arrived at its | 17 | | decision, the decision shall be filed as
provided in this | 18 | | Section without unnecessary delay, and without regard to
the | 19 | | fact that a member of the panel has expressed an intention to | 20 | | dissent.
Any member of the panel may file a dissent. Any | 21 | | dissent shall be filed no
later than 10 days after the decision | 22 | | of the majority has been filed.
| 23 | | Decisions rendered by the Commission and dissents, if any, | 24 | | shall be
published together by the Commission. The conclusions | 25 | | of law set out in
such decisions shall be regarded as | 26 | | precedents by arbitrators for the purpose
of achieving a more |
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| 1 | | uniform administration of this Act.
| 2 | | (f) The decision of the Commission acting within its | 3 | | powers,
according to the provisions of paragraph (e) of this | 4 | | Section shall, in
the absence of fraud, be conclusive unless | 5 | | reviewed as in this paragraph
hereinafter provided. However, | 6 | | the Arbitrator or the Commission may on
his or its own motion, | 7 | | or on the motion of either party, correct any
clerical error or | 8 | | errors in computation within 15 days after the date of
receipt | 9 | | of any award by such Arbitrator or any decision on review of | 10 | | the
Commission and shall have the power to recall the original | 11 | | award on
arbitration or decision on review, and issue in lieu | 12 | | thereof such
corrected award or decision. Where such correction | 13 | | is made the time for
review herein specified shall begin to run | 14 | | from the date of
the receipt of the corrected award or | 15 | | decision.
| 16 | | (1) Except in cases of claims against the State of | 17 | | Illinois other than those claims under Section 18.1, in
| 18 | | which case the decision of the Commission shall not be | 19 | | subject to
judicial review, the Circuit Court of the county | 20 | | where any of the
parties defendant may be found, or if none | 21 | | of the parties defendant can
be found in this State then | 22 | | the Circuit Court of the county where the
accident | 23 | | occurred, shall by summons to the Commission have
power to | 24 | | review all questions of law and fact presented by such | 25 | | record.
| 26 | | A proceeding for review shall be commenced within 20 |
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| 1 | | days of
the receipt of notice of the decision of the | 2 | | Commission. The summons shall
be issued by the clerk of | 3 | | such court upon written request returnable on a
designated | 4 | | return day, not less than 10 or more than 60 days from the | 5 | | date
of issuance thereof, and the written request shall | 6 | | contain the last known
address of other parties in interest | 7 | | and their attorneys of record who are
to be served by | 8 | | summons. Service upon any member of the Commission or the
| 9 | | Secretary or the Assistant Secretary thereof shall be | 10 | | service upon the
Commission, and service upon other parties | 11 | | in interest and their attorneys
of record shall be by | 12 | | summons, and such service shall be made upon the
Commission | 13 | | and other parties in interest by mailing notices of the
| 14 | | commencement of the proceedings and the return day of the | 15 | | summons to the
office of the Commission and to the last | 16 | | known place of residence of other
parties in interest or | 17 | | their attorney or attorneys of record. The clerk of
the | 18 | | court issuing the summons shall on the day of issue mail | 19 | | notice of the
commencement of the proceedings which shall | 20 | | be done by mailing a copy of
the summons to the office of | 21 | | the Commission, and a copy of the summons to
the other | 22 | | parties in interest or their attorney or attorneys of | 23 | | record and
the clerk of the court shall make certificate | 24 | | that he has so sent said
notices in pursuance of this | 25 | | Section, which shall be evidence of service on
the | 26 | | Commission and other parties in interest.
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| 1 | | The Commission shall not be required to certify the | 2 | | record of their
proceedings to the Circuit Court, unless | 3 | | the party commencing the
proceedings for review in the | 4 | | Circuit Court as above provided, shall file with the | 5 | | Commission notice of intent to file for review in Circuit | 6 | | Court. It shall be the duty
of the Commission upon such | 7 | | filing of notice of intent to file for review in the | 8 | | Circuit Court to prepare a true and correct
copy of such | 9 | | testimony and a true and correct copy of all other matters
| 10 | | contained in such record and certified to by the Secretary | 11 | | or Assistant
Secretary thereof. The changes made to this | 12 | | subdivision (f)(1) by this amendatory Act of the 98th | 13 | | General Assembly apply to any Commission decision entered | 14 | | after the effective date of this amendatory Act of the 98th | 15 | | General Assembly.
| 16 | | No request for a summons
may be filed and no summons | 17 | | shall issue unless the party seeking to review
the decision | 18 | | of the Commission shall exhibit to the clerk of the Circuit
| 19 | | Court proof of filing with the Commission of the notice of | 20 | | the intent to file for review in the Circuit Court or an | 21 | | affidavit
of the attorney setting forth that notice of | 22 | | intent to file for review in the Circuit Court has been | 23 | | given in writing to the Secretary or Assistant Secretary of | 24 | | the Commission.
| 25 | | (2) No such summons shall issue unless the one against | 26 | | whom the
Commission shall have rendered an award for the |
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| 1 | | payment of money shall upon
the filing of his written | 2 | | request for such summons file with the clerk of
the court a | 3 | | bond conditioned that if he shall not successfully
| 4 | | prosecute the review, he will pay the award and the costs | 5 | | of the
proceedings in the courts. The amount of the bond | 6 | | shall be fixed by any
member of the Commission and the | 7 | | surety or sureties of the bond shall be
approved by the | 8 | | clerk of the court. The acceptance of the bond by the
clerk | 9 | | of the court shall constitute evidence of his approval of | 10 | | the bond.
| 11 | | Every county, city, town, township, incorporated | 12 | | village, school
district, body politic or municipal | 13 | | corporation against whom the
Commission shall have | 14 | | rendered an award for the payment of money shall
not be | 15 | | required to file a bond to secure the payment of the award | 16 | | and
the costs of the proceedings in the court to authorize | 17 | | the court to
issue such summons.
| 18 | | The court may confirm or set aside the decision of the | 19 | | Commission. If
the decision is set aside and the facts | 20 | | found in the proceedings before
the Commission are | 21 | | sufficient, the court may enter such decision as is
| 22 | | justified by law, or may remand the cause to the Commission | 23 | | for further
proceedings and may state the questions | 24 | | requiring further hearing, and
give such other | 25 | | instructions as may be proper. Appeals shall be taken
to | 26 | | the Appellate Court in accordance
with Supreme Court Rules |
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| 1 | | 22(g) and 303. Appeals
shall be taken from the Appellate
| 2 | | Court to the Supreme Court in accordance with Supreme Court | 3 | | Rule 315.
| 4 | | It shall be the duty of the clerk of any court | 5 | | rendering a decision
affecting or affirming an award of the | 6 | | Commission to promptly furnish
the Commission with a copy | 7 | | of such decision, without charge.
| 8 | | The decision of a majority of the members of the panel | 9 | | of the Commission,
shall be considered the decision of the | 10 | | Commission.
| 11 | | (g) Except in the case of a claim against the State of | 12 | | Illinois,
either party may present a certified copy of the | 13 | | award of the
Arbitrator, or a certified copy of the decision of | 14 | | the Commission when
the same has become final, when no | 15 | | proceedings for review are pending,
providing for the payment | 16 | | of compensation according to this Act, to the
Circuit Court of | 17 | | the county in which such accident occurred or either of
the | 18 | | parties are residents, whereupon the court shall enter a | 19 | | judgment
in accordance therewith. In a case where the employer | 20 | | refuses to pay
compensation according to such final award or | 21 | | such final decision upon
which such judgment is entered the | 22 | | court shall in entering judgment
thereon, tax as costs against | 23 | | him the reasonable costs and attorney fees
in the arbitration | 24 | | proceedings and in the court entering the judgment
for the | 25 | | person in whose favor the judgment is entered, which judgment
| 26 | | and costs taxed as therein provided shall, until and unless set |
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| 1 | | aside,
have the same effect as though duly entered in an action | 2 | | duly tried and
determined by the court, and shall with like | 3 | | effect, be entered and
docketed. The Circuit Court shall have | 4 | | power at any time upon
application to make any such judgment | 5 | | conform to any modification
required by any subsequent decision | 6 | | of the Supreme Court upon appeal, or
as the result of any | 7 | | subsequent proceedings for review, as provided in
this Act.
| 8 | | Judgment shall not be entered until 15 days' notice of the | 9 | | time and
place of the application for the entry of judgment | 10 | | shall be served upon
the employer by filing such notice with | 11 | | the Commission, which Commission
shall, in case it has on file | 12 | | the address of the employer or the name
and address of its | 13 | | agent upon whom notices may be served, immediately
send a copy | 14 | | of the notice to the employer or such designated agent.
| 15 | | (h) An agreement or award under this Act providing for | 16 | | compensation
in installments, may at any time within 18 months | 17 | | after such agreement
or award be reviewed by the Commission at | 18 | | the request of either the
employer or the employee, on the | 19 | | ground that the disability of the
employee has subsequently | 20 | | recurred, increased, diminished or ended.
| 21 | | However, as to accidents occurring subsequent to July 1, | 22 | | 1955, which
are covered by any agreement or award under this | 23 | | Act providing for
compensation in installments made as a result | 24 | | of such accident, such
agreement or award may at any time | 25 | | within 30 months, or 60 months in the case of an award under | 26 | | Section 8(d)1, after such agreement
or award be reviewed by the |
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| 1 | | Commission at the request of either the
employer or the | 2 | | employee on the ground that the disability of the
employee has | 3 | | subsequently recurred, increased, diminished or ended.
| 4 | | On such review, compensation payments may be | 5 | | re-established,
increased, diminished or ended. The Commission | 6 | | shall give 15 days'
notice to the parties of the hearing for | 7 | | review. Any employee, upon any
petition for such review being | 8 | | filed by the employer, shall be entitled
to one day's notice | 9 | | for each 100 miles necessary to be traveled by him in
attending | 10 | | the hearing of the Commission upon the petition, and 3 days in
| 11 | | addition thereto. Such employee shall, at the discretion of the
| 12 | | Commission, also be entitled to 5 cents per mile necessarily | 13 | | traveled by
him within the State of Illinois in attending such | 14 | | hearing, not to
exceed a distance of 300 miles, to be taxed by | 15 | | the Commission as costs
and deposited with the petition of the | 16 | | employer.
| 17 | | When compensation which is payable in accordance with an | 18 | | award or
settlement contract approved by the Commission, is | 19 | | ordered paid in a
lump sum by the Commission, no review shall | 20 | | be had as in this paragraph
mentioned.
| 21 | | (i) Each party, upon taking any proceedings or steps | 22 | | whatsoever
before any Arbitrator, Commission or court, shall | 23 | | file with the Commission
his address, or the name and address | 24 | | of any agent upon whom all notices to
be given to such party | 25 | | shall be served, either personally or by registered
mail, | 26 | | addressed to such party or agent at the last address so filed |
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| 1 | | with
the Commission. In the event such party has not filed his | 2 | | address, or the
name and address of an agent as above provided, | 3 | | service of any notice may
be had by filing such notice with the | 4 | | Commission.
| 5 | | (j) Whenever in any proceeding testimony has been taken or | 6 | | a final
decision has been rendered and after the taking of such | 7 | | testimony or
after such decision has become final, the injured | 8 | | employee dies, then in
any subsequent proceedings brought by | 9 | | the personal representative or
beneficiaries of the deceased | 10 | | employee, such testimony in the former
proceeding may be | 11 | | introduced with the same force and effect as though
the witness | 12 | | having so testified were present in person in such
subsequent | 13 | | proceedings and such final decision, if any, shall be taken
as | 14 | | final adjudication of any of the issues which are the same in | 15 | | both
proceedings.
| 16 | | (k) In case where there has been any unreasonable or | 17 | | vexatious delay
of payment or intentional underpayment of | 18 | | compensation, or proceedings
have been instituted or carried on | 19 | | by the one liable to pay the
compensation, which do not present | 20 | | a real controversy, but are merely
frivolous or for delay, then | 21 | | the Commission may award compensation
additional to that | 22 | | otherwise payable under this Act equal to 50% of the
amount | 23 | | payable at the time of such award. Failure to pay compensation
| 24 | | in accordance with the provisions of Section 8, paragraph (b) | 25 | | of this
Act, shall be considered unreasonable delay.
| 26 | | When determining whether this subsection (k) shall apply, |
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| 1 | | the
Commission shall consider whether an Arbitrator has | 2 | | determined
that the claim is not compensable or whether the | 3 | | employer has
made payments under Section 8(j). | 4 | | (l) If the employee has made written demand for payment of
| 5 | | benefits under Section 8(a) or Section 8(b), the employer shall
| 6 | | have 14 days after receipt of the demand to set forth in
| 7 | | writing the reason for the delay. In the case of demand for
| 8 | | payment of medical benefits under Section 8(a), the time for
| 9 | | the employer to respond shall not commence until the expiration
| 10 | | of the allotted 30 days specified under Section 8.2(d). In case
| 11 | | the employer or his or her insurance carrier shall without good | 12 | | and
just cause fail, neglect, refuse, or unreasonably delay the
| 13 | | payment of benefits under Section 8(a) or Section 8(b), the
| 14 | | Arbitrator or the Commission shall allow to the employee
| 15 | | additional compensation in the sum of $30 per day for each day
| 16 | | that the benefits under Section 8(a) or Section 8(b) have been
| 17 | | so withheld or refused, not to exceed $10,000.
A delay in | 18 | | payment of 14 days or more
shall create a rebuttable | 19 | | presumption of unreasonable delay.
| 20 | | (m) If the commission finds that an accidental injury was | 21 | | directly
and proximately caused by the employer's wilful | 22 | | violation of a health
and safety standard under the Health and | 23 | | Safety Act or the Occupational Safety and Health Act in force | 24 | | at the time of the
accident, the arbitrator or the Commission | 25 | | shall allow to the injured
employee or his dependents, as the | 26 | | case may be, additional compensation
equal to 25% of the amount |
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| 1 | | which otherwise would be payable under the
provisions of this | 2 | | Act exclusive of this paragraph. The additional
compensation | 3 | | herein provided shall be allowed by an appropriate increase
in | 4 | | the applicable weekly compensation rate.
| 5 | | (n) After June 30, 1984, decisions of the Illinois Workers' | 6 | | Compensation Commission
reviewing an award of an arbitrator of | 7 | | the Commission shall draw interest
at a rate equal to the yield | 8 | | on indebtedness issued by the United States
Government with a | 9 | | 26-week maturity next previously auctioned on the day on
which | 10 | | the decision is filed. Said rate of interest shall be set forth | 11 | | in
the Arbitrator's Decision. Interest shall be drawn from the | 12 | | date of the
arbitrator's award on all accrued compensation due | 13 | | the employee through the
day prior to the date of payments. | 14 | | However, when an employee appeals an
award of an Arbitrator or | 15 | | the Commission, and the appeal results in no
change or a | 16 | | decrease in the award, interest shall not further accrue from
| 17 | | the date of such appeal.
| 18 | | The employer or his insurance carrier may tender the | 19 | | payments due under
the award to stop the further accrual of | 20 | | interest on such award
notwithstanding the prosecution by | 21 | | either party of review, certiorari,
appeal to the Supreme Court | 22 | | or other steps to reverse, vacate or modify
the award.
| 23 | | (o) By the 15th day of each month each insurer providing | 24 | | coverage for
losses under this Act shall notify each insured | 25 | | employer of any compensable
claim incurred during the preceding | 26 | | month and the amounts paid or reserved
on the claim including a |
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| 1 | | summary of the claim and a brief statement of the
reasons for | 2 | | compensability. A cumulative report of all claims incurred
| 3 | | during a calendar year or continued from the previous year | 4 | | shall be
furnished to the insured employer by the insurer | 5 | | within 30 days after the
end of that calendar year.
| 6 | | The insured employer may challenge, in proceeding before | 7 | | the Commission,
payments made by the insurer without | 8 | | arbitration and payments
made after a case is determined to be | 9 | | noncompensable. If the Commission
finds that the case was not | 10 | | compensable, the insurer shall purge its records
as to that | 11 | | employer of any loss or expense associated with the claim, | 12 | | reimburse
the employer for attorneys' fees arising from the | 13 | | challenge and for any
payment required of the employer to the | 14 | | Rate Adjustment Fund or the
Second Injury Fund, and may not | 15 | | reflect the loss or expense for rate making
purposes. The | 16 | | employee shall not be required to refund the challenged
| 17 | | payment. The decision of the Commission may be reviewed in the | 18 | | same manner
as in arbitrated cases. No challenge may be | 19 | | initiated under this paragraph
more than 3 years after the | 20 | | payment is made. An employer may waive the
right of challenge | 21 | | under this paragraph on a case by case basis.
| 22 | | (p) After filing an application for adjustment of claim but | 23 | | prior to
the hearing on arbitration the parties may voluntarily | 24 | | agree to submit such
application for adjustment of claim for | 25 | | decision by an arbitrator under
this subsection (p) where such | 26 | | application for adjustment of claim raises
only a dispute over |
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| 1 | | temporary total disability, permanent partial
disability or | 2 | | medical expenses. Such agreement shall be in writing in such
| 3 | | form as provided by the Commission. Applications for adjustment | 4 | | of claim
submitted for decision by an arbitrator under this | 5 | | subsection (p) shall
proceed according to rule as established | 6 | | by the Commission. The Commission
shall promulgate rules | 7 | | including, but not limited to, rules to ensure that
the parties | 8 | | are adequately informed of their rights under this subsection
| 9 | | (p) and of the voluntary nature of proceedings under this | 10 | | subsection (p).
The findings of fact made by an arbitrator | 11 | | acting within his or her powers
under this subsection (p) in | 12 | | the absence of fraud shall be conclusive.
However, the | 13 | | arbitrator may on his own motion, or the motion of either
| 14 | | party, correct any clerical errors or errors in computation | 15 | | within 15 days
after the date of receipt of such award of the | 16 | | arbitrator
and shall have the power to recall the original | 17 | | award on arbitration, and
issue in lieu thereof such corrected | 18 | | award.
The decision of the arbitrator under this subsection (p) | 19 | | shall be
considered the decision of the Commission and | 20 | | proceedings for review of
questions of law arising from the | 21 | | decision may be commenced by either party
pursuant to | 22 | | subsection (f) of Section 19. The Advisory Board established
| 23 | | under Section 13.1 shall compile a list of certified Commission
| 24 | | arbitrators, each of whom shall be approved by at least 7 | 25 | | members of the
Advisory Board. The chairman shall select 5 | 26 | | persons from such list to
serve as arbitrators under this |
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| 1 | | subsection (p). By agreement, the parties
shall select one | 2 | | arbitrator from among the 5 persons selected by the
chairman | 3 | | except that if the parties do not agree on an arbitrator from
| 4 | | among the 5 persons, the parties may, by agreement, select an | 5 | | arbitrator of
the American Arbitration Association, whose fee | 6 | | shall be paid by the State
in accordance with rules promulgated | 7 | | by the Commission. Arbitration under
this subsection (p) shall | 8 | | be voluntary.
| 9 | | (Source: P.A. 97-18, eff. 6-28-11; 98-40, eff. 6-28-13.)
| 10 | | Section 925. The Workers' Occupational Diseases Act is | 11 | | amended by changing Sections 3 and 6 as follows:
| 12 | | (820 ILCS 310/3) (from Ch. 48, par. 172.38)
| 13 | | Sec. 3. Where an employee in this State sustains injury to | 14 | | health or death
by reason of a disease contracted or sustained | 15 | | in the course of the
employment and proximately caused by the | 16 | | negligence of the employer, unless
such employer shall be | 17 | | subject to this Act under the provisions of
paragraph (a) of | 18 | | Section 2 of this Act or shall have elected to provide
and pay | 19 | | compensation as provided in Section 2 of this Act, a right of
| 20 | | action shall accrue to the employee whose health has been so | 21 | | injured for
any damages sustained thereby; and in case of | 22 | | death, a right of action
shall accrue to the widow or widower | 23 | | of such deceased person, his
or her lineal heirs or
adopted | 24 | | children, or to any person or persons who were, before such |
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| 1 | | loss of
life, dependent for support upon such deceased person, | 2 | | for a like recovery
of damages for the injury sustained by | 3 | | reason of such death not to exceed
the sum of $10,000. | 4 | | Violation by any employer of any effective rule or
rules made | 5 | | by the Illinois Workers' Compensation Commission pursuant to | 6 | | the " Health and Safety
Act or the Occupational Safety and | 7 | | Health Act ", approved March 16, 1936, as amended , or violation | 8 | | by the employer
of any statute of this State, intended for the | 9 | | protection of the health of
employees shall be and constitute | 10 | | negligence of the employer within the
meaning of this Section. | 11 | | Every such action for damage for injury to the
health shall be | 12 | | commenced within 3 years after the last day of the last
| 13 | | exposure to the hazards of the disease and every such action | 14 | | for damages in
case of death shall be commenced within one year | 15 | | after the death of such
employee and within 5 years after the | 16 | | last day of the last exposure to the
hazards of the disease | 17 | | except where the disease is caused by atomic
radiation, in | 18 | | which case, every action for damages for injury to health
shall | 19 | | be commenced within 15 years after the last day of last | 20 | | exposure to
the hazard of such disease and every action for | 21 | | damages in case of death
shall be commenced within one year | 22 | | after the death of such employee and
within 15 years after last | 23 | | exposure to the hazards of the disease. In any
action to | 24 | | recover damages under this Section, it shall not be a defense
| 25 | | that the employee either expressly or impliedly assumed the | 26 | | risk of the
employment, or that the contraction or sustaining |
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| 1 | | of the disease or death
was caused in whole or in part by the | 2 | | negligence of a fellow servant or
fellow servants, or that the | 3 | | contraction or sustaining of the disease or
death resulting was | 4 | | caused in whole or in part by the contributory
negligence of | 5 | | the employee, where such contributory negligence was not
| 6 | | wilful.
| 7 | | (Source: P.A. 93-721, eff. 1-1-05.)
| 8 | | (820 ILCS 310/6) (from Ch. 48, par. 172.41)
| 9 | | Sec. 6. (a) Every employer operating under the compensation
| 10 | | provisions of this Act, shall post printed notices in their | 11 | | respective
places of employment in conspicuous places and in | 12 | | such number and at
such places as may be determined by the | 13 | | Commission, containing such
information relative to this Act as | 14 | | in the judgment of the Commission
may be necessary to aid | 15 | | employees to safeguard their rights under this Act.
| 16 | | In addition thereto, the employer shall post in a | 17 | | conspicuous place
on the premises of the employment a printed | 18 | | or typewritten notice
stating whether he is insured or whether | 19 | | he has qualified and is
operating as a self-insured employer. | 20 | | In the event the employer is
insured, the notice shall state | 21 | | the name and address of his or her insurance
carrier, the | 22 | | number of the insurance policy, its effective date and the
date | 23 | | of termination. In the event of the termination of the policy | 24 | | for
any reason prior to the termination date stated, the posted | 25 | | notice shall
promptly be corrected accordingly. In the event |
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| 1 | | the employer is
operating as a self-insured employer the notice | 2 | | shall state the name and
address of the company, if any, | 3 | | servicing the compensation payments of
the employer, and the | 4 | | name and address of the person in charge of making
compensation | 5 | | payments.
| 6 | | (b) Every employer subject to this Act shall maintain | 7 | | accurate
records of work-related deaths, injuries and | 8 | | illnesses other than minor
injuries requiring only first aid | 9 | | treatment and which do not involve
medical treatment, loss of | 10 | | consciousness, restriction of work or motion
or transfer to | 11 | | another job and file with the Illinois Workers' Compensation | 12 | | Commission, in
writing, a report of all occupational diseases | 13 | | arising out of and in the
course of the employment and | 14 | | resulting in death, or disablement or
illness resulting in the | 15 | | loss of more than 3 scheduled work
days. In the case
of death | 16 | | such report shall be made no later than 2 working days
| 17 | | following the occupational death. In all other cases such | 18 | | report shall
be made between the 15th and 25th of each month | 19 | | unless required to be
made sooner by rule of the Illinois | 20 | | Workers' Compensation Commission. In case the
occupational | 21 | | disease results in permanent disability, a further report
shall | 22 | | be made as soon as it is determined that such permanent | 23 | | disability
has resulted or will result therefrom. All reports | 24 | | shall state the date
of the disablement, the nature of the | 25 | | employer's business, the name,
address, the age, sex, conjugal | 26 | | condition of the disabled person, the
specific occupation of |
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| 1 | | the person, the nature and character of the
occupational | 2 | | disease, the length of disability, and, in case of death,
the | 3 | | length of disability before death, the wages of the employee,
| 4 | | whether compensation has been paid to the employee, or to his | 5 | | legal
representative or his heirs or next of kin, the amount of | 6 | | compensation
paid, the amount paid for physicians', surgeons' | 7 | | and hospital bills, and
by whom paid, and the amount paid for | 8 | | funeral or burial expenses, if
known. The reports shall be made | 9 | | on forms and in the manner as
prescribed by the Illinois | 10 | | Workers' Compensation
Commission and shall contain such | 11 | | further
information as the Commission shall deem necessary and | 12 | | require. The
making of such reports releases the employer from | 13 | | making such reports to
any other officer of the State and shall | 14 | | satisfy the reporting
provisions as contained in the Safety | 15 | | Inspection and Education Act, the " Health And Safety Act , " and | 16 | | the Occupational Safety and Health Act "An Act in
relation to | 17 | | safety inspections and education in industrial and
commercial | 18 | | establishments and to repeal an Act therein named", approved
| 19 | | July 18, 1955, as amended . The report filed with the Illinois | 20 | | Workers' Compensation
Commission pursuant to the provisions of | 21 | | this Section shall be made
available by the Illinois Workers' | 22 | | Compensation Commission to the Director of Labor or his
| 23 | | representatives, to the Department of Public Health pursuant to | 24 | | the
Illinois Health and Hazardous Substances Registry Act, and | 25 | | to all other
departments of the State of Illinois which shall | 26 | | require such information
for the proper discharge of their |
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| 1 | | official duties. Failure to file with
the Commission any of the | 2 | | reports required in this Section is a petty offense.
| 3 | | Except as provided in this paragraph, all reports filed | 4 | | hereunder shall
be confidential and any person
having access to | 5 | | such records filed with the Illinois Workers' Compensation | 6 | | Commission as
herein required, who shall release the names or | 7 | | otherwise identify any
persons sustaining injuries or | 8 | | disabilities, or gives access to such
information to any | 9 | | unauthorized person, shall be subject to discipline
or | 10 | | discharge, and in addition shall be guilty of a Class B | 11 | | misdemeanor.
The Commission shall compile and distribute to | 12 | | interested persons aggregate
statistics, taken from the | 13 | | reports filed hereunder. The aggregate statistics
shall not | 14 | | give the names or otherwise identify persons sustaining | 15 | | injuries
or disabilities or the employer of any injured or | 16 | | disabled person.
| 17 | | (c) There shall be given notice to the employer of | 18 | | disablement
arising from an occupational disease as soon as | 19 | | practicable after the
date of the disablement. If the | 20 | | Commission shall find that the failure
to give such notice | 21 | | substantially prejudices the rights of the employer
the | 22 | | Commission in its discretion may order that the right of the
| 23 | | employee to proceed under this Act shall be barred.
| 24 | | In case of legal disability of the employee or any | 25 | | dependent of a
deceased employee who may be entitled to | 26 | | compensation, under the
provisions of this Act, the limitations |
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| 1 | | of time in this Section of this
Act provided shall not begin to | 2 | | run against such person who is under legal
disability until a | 3 | | conservator or guardian has been appointed. No defect or
| 4 | | inaccuracy of such notice shall be a bar to the maintenance of | 5 | | proceedings on
arbitration or otherwise by the employee unless | 6 | | the employer proves that
he or she is unduly prejudiced in such | 7 | | proceedings by such defect or
inaccuracy. Notice of the | 8 | | disabling disease may be given orally or in writing.
In any | 9 | | case, other than injury or death caused by exposure to | 10 | | radiological
materials or equipment or asbestos, unless | 11 | | application for compensation
is filed with the Commission | 12 | | within 3 years after the date of the
disablement, where no | 13 | | compensation has been paid, or within 2 years
after the date of | 14 | | the last payment of compensation, where any has been
paid, | 15 | | whichever shall be later, the right to file such application
| 16 | | shall be barred. If the occupational disease results in death,
| 17 | | application for compensation for death may be filed with the | 18 | | Commission
within 3 years after the date of death where no | 19 | | compensation has been
paid, or within 3 years after the last | 20 | | payment of compensation, where
any has been paid, whichever is | 21 | | later, but not thereafter.
| 22 | | Effective July 1, 1973 in cases of disability caused by | 23 | | coal miners
pneumoconiosis unless application for compensation | 24 | | is filed with the
Commission within 5 years after the employee | 25 | | was last exposed where no
compensation has been paid, or within | 26 | | 5 years after the last payment of
compensation where any has |
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| 1 | | been paid, the right to file such application
shall be barred.
| 2 | | In cases of disability caused by exposure to radiological | 3 | | materials
or equipment or asbestos, unless application for | 4 | | compensation is filed with the
Commission within 25 years after | 5 | | the employee was so exposed, the right
to file such application | 6 | | shall be barred.
| 7 | | In cases of death occurring within 25 years from the last | 8 | | exposure to
radiological material or equipment or asbestos, | 9 | | application for compensation
must be filed within 3 years of | 10 | | death where no compensation has been paid, or
within 3 years, | 11 | | after the date of the last payment where any has been
paid, but | 12 | | not thereafter.
| 13 | | (d) Any contract or agreement made by any employer or his | 14 | | agent or
attorney with any employee or any other beneficiary of | 15 | | any claim under
the provisions of this Act within 7 days after | 16 | | the disablement shall be
presumed to be fraudulent.
| 17 | | (Source: P.A. 93-721, eff. 1-1-05.)
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