Full Text of HB4604 102nd General Assembly
HB4604 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4604 Introduced 1/21/2022, by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
| 820 ILCS 219/25 | | 820 ILCS 219/60 | | 820 ILCS 219/65 | | 820 ILCS 219/80 | | 820 ILCS 219/85 | | 820 ILCS 219/90 | | 820 ILCS 219/100 | | 820 ILCS 219/110 | |
|
Amends the Occupational Safety and Health Act. Provides that citations and notice of violations may be sent to an employer by email to an email address previously designated by the employer for purposes of receiving notice. Provides that a public employer that intentionally violates specified provisions may be assessed a civil penalty of not more than $10,000 per violation (rather than $10,000). Provides that a person may not discharge or in any way discriminate against an employee because the employee has discussed health or safety concerns with a co-worker or authorized employee representative. Provides that in discrimination actions the Department of Labor shall be represented by the Attorney General. Makes changes in provisions concerning occupational safety and health standards; employers' records; informal review; and hearings.
|
| |
| | A BILL FOR |
|
| | | HB4604 | | LRB102 23341 SPS 32507 b |
|
| 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 5. The Occupational Safety and Health Act is | 5 | | amended by changing Sections 25, 60, 65, 80, 85, 90, 100, and | 6 | | 110 as follows: | 7 | | (820 ILCS 219/25)
| 8 | | Sec. 25. Occupational safety and health standards. | 9 | | (a) All federal occupational safety and health standards | 10 | | which the United States Secretary of Labor has promulgated or | 11 | | modified in accordance with the federal Occupational Safety | 12 | | and Health Act of 1970 and which are in effect on the effective | 13 | | date of this Act shall be and are hereby made rules of the | 14 | | Department unless the Director promulgates an alternate | 15 | | standard that is at least as effective in providing safe and | 16 | | healthful employment and places of employment as a federal | 17 | | standard. Before developing and adopting an alternate standard | 18 | | or modifying or revoking an existing standard, the Director | 19 | | must consider factual information that includes: | 20 | | (1) Expert technical knowledge. | 21 | | (2) Input from interested persons, including | 22 | | employers, employees, recognized standards-producing | 23 | | organizations, and the public. |
| | | HB4604 | - 2 - | LRB102 23341 SPS 32507 b |
|
| 1 | | (b) All federal occupational safety and health standards | 2 | | which the United States Secretary of Labor promulgates or | 3 | | modifies in accordance with the federal Occupational Safety | 4 | | and Health Act of 1970 on or after the effective date of this | 5 | | Act, unless revoked by the Secretary of Labor, shall become | 6 | | rules of the Department within 6 months after their federal | 7 | | promulgation date, unless there has been in effect in this | 8 | | State at the time of the promulgation or modification of the | 9 | | federal standard an alternate State standard that is at least | 10 | | as effective in providing safe and healthful employment and | 11 | | places of employment as a federal standard. The alternate | 12 | | State standard , if not currently contained in the Department's | 13 | | rules, shall not become effective, however, unless the | 14 | | Department, within 45 days after the federal promulgation | 15 | | date, files with the office of the Secretary of State in | 16 | | Springfield, Illinois, a certified copy of the rule as | 17 | | provided in the Illinois Administrative Procedure Act.
| 18 | | (Source: P.A. 98-874, eff. 1-1-15 .) | 19 | | (820 ILCS 219/60)
| 20 | | Sec. 60. Employers' records. | 21 | | (a) The Director shall adopt rules requiring public | 22 | | employers to maintain accurate records of, and to make reports | 23 | | on, work-related deaths, injuries, and illnesses, other than | 24 | | minor injuries requiring only first aid treatment and which do | 25 | | not involve medical treatment, loss of consciousness, |
| | | HB4604 | - 3 - | LRB102 23341 SPS 32507 b |
|
| 1 | | restriction of work or motion, or transfer to another job. The | 2 | | rules shall specifically include all of the reporting | 3 | | provisions of Section 6 of the Workers' Compensation Act and | 4 | | Section 6 of the Workers' Occupational Diseases Act. The | 5 | | records shall be available to any State agency requiring such | 6 | | information. | 7 | | (b) The Director shall adopt rules requiring public | 8 | | employers to maintain accurate records of employee exposures | 9 | | to potentially toxic materials or harmful physical agents | 10 | | which are required to be monitored or measured under this Act. | 11 | | The rules shall provide employees or their authorized | 12 | | representative with an opportunity to observe the monitoring | 13 | | or measuring, and to have access to the records of the | 14 | | monitoring or measuring. The rules shall provide appropriate | 15 | | means by which each employee or former employee may have | 16 | | access to such records as will indicate his or her exposure to | 17 | | toxic materials or harmful physical agents. | 18 | | (c) A public employer shall promptly notify any employee | 19 | | who has been or is being exposed to toxic materials or harmful | 20 | | physical agents in concentrations or at levels which exceed | 21 | | those prescribed by an occupational safety and health standard | 22 | | and shall inform the employee who is being thus exposed of the | 23 | | action being taken by the employer to correct such exposure.
| 24 | | (Source: P.A. 98-874, eff. 1-1-15 .) | 25 | | (820 ILCS 219/65)
|
| | | HB4604 | - 4 - | LRB102 23341 SPS 32507 b |
|
| 1 | | Sec. 65. Periodic inspection of workplaces. | 2 | | (a) The Director shall enforce the occupational safety and | 3 | | health standards and rules promulgated under this Act and any | 4 | | occupational health and safety regulations relating to | 5 | | inspection of places of employment, and shall visit and | 6 | | inspect, as often as practicable, the places of employment | 7 | | covered by this Act.
| 8 | | (b) The Director or his or her authorized representative, | 9 | | upon presenting appropriate credentials to a public employer's | 10 | | agent in charge, has the right to enter and inspect all places | 11 | | of employment covered by this Act as follows:
| 12 | | (1) An inspector may enter without delay and at | 13 | | reasonable times any establishment, construction site, or | 14 | | other area, workplace, or environment where work is | 15 | | performed by an employee of a public employer in order to | 16 | | enforce the occupational safety and health standards | 17 | | adopted under this Act.
| 18 | | (2) If a public employer refuses entry to an inspector | 19 | | upon being presented with proper credentials or allows | 20 | | entry but then refuses to permit or hinders the inspection | 21 | | in any way, the inspector shall leave the premises and | 22 | | immediately report the refusal to authorized management | 23 | | within the Division. Authorized management shall notify | 24 | | the Director to initiate the compulsory legal process to | 25 | | obtain entry or obtain a warrant for entry, or both.
| 26 | | (3) An inspector may inspect and investigate during |
| | | HB4604 | - 5 - | LRB102 23341 SPS 32507 b |
|
| 1 | | regular working hours and at other reasonable times, and | 2 | | within reasonable limits and in a reasonable manner, any | 3 | | workplace described in paragraph (1) and all pertinent | 4 | | conditions, structures, machines, apparatus, devices, | 5 | | equipment, and materials therein, and to question | 6 | | privately the employer or any agent or employee of the | 7 | | employer.
| 8 | | (4) The owner, operator, manager, or lessee of any | 9 | | workplace covered by this Act, and his or her agent or | 10 | | employee, and any employer affected by this Act shall, | 11 | | when requested by the Division of Occupational Safety and | 12 | | Health or any duly authorized agent of that Division: (i) | 13 | | furnish any information in his or her possession or under | 14 | | his or her control which the Department is authorized to | 15 | | require, (ii) answer truthfully all questions required to | 16 | | be put to him or her, and (iii) cooperate in the making of | 17 | | a proper inspection.
| 18 | | (c) In making his or her inspection and investigations | 19 | | under this Act, the Director of Labor has the power to require | 20 | | the attendance and testimony of witnesses and the production | 21 | | of evidence under oath. | 22 | | (Source: P.A. 98-874, eff. 1-1-15; 99-336, eff. 8-10-15.) | 23 | | (820 ILCS 219/80)
| 24 | | Sec. 80. Violation of Act or standard; citation. | 25 | | (a) Upon inspection or investigation of a workplace, if |
| | | HB4604 | - 6 - | LRB102 23341 SPS 32507 b |
|
| 1 | | the Director or his or her authorized representative believes | 2 | | that a public employer has violated a requirement of this Act | 3 | | or a standard, rule, or regulation promulgated under this Act, | 4 | | he or she shall with reasonable promptness issue a citation to | 5 | | the employer. A citation shall: (i) be in writing, (ii) | 6 | | describe with particularity the nature of the violation and | 7 | | include a reference to the provision of the Act, standard, | 8 | | rule, or regulation alleged to have been violated, and (iii) | 9 | | fix a reasonable time for the abatement of the violation. | 10 | | (b) Each citation issued under this Section, or a copy or | 11 | | copies thereof, shall be prominently posted at or near the | 12 | | place at which the violation occurred as prescribed in rules | 13 | | adopted by the Director.
| 14 | | (c) A citation shall be served on the employer or the | 15 | | employer's agent by delivering a copy to the person upon whom | 16 | | the service is to be had, or by leaving a copy at his or her | 17 | | usual place of business or abode, or by sending a copy by | 18 | | certified mail to his or her place of business , or by sending a | 19 | | copy by email to an email address previously designated by the | 20 | | employer for purposes of receiving notice under this Act .
| 21 | | (d) A citation may not be issued under this Section after | 22 | | the expiration of 6 months following the occurrence of any | 23 | | violation.
| 24 | | (Source: P.A. 98-874, eff. 1-1-15 .) | 25 | | (820 ILCS 219/85)
|
| | | HB4604 | - 7 - | LRB102 23341 SPS 32507 b |
|
| 1 | | Sec. 85. Civil penalties. | 2 | | (a) After an inspection of a workplace under this Act, if | 3 | | the Director issues a citation, he or she shall, within 5 days | 4 | | after issuing the citation, notify the employer by certified | 5 | | mail , or by email to an email address previously designated by | 6 | | the employer for purposes of receiving notice under this Act, | 7 | | of any civil penalty proposed to be assessed for the violation | 8 | | set forth in the citation.
| 9 | | (b) If the Director has reason to believe that an employer | 10 | | has failed to correct a violation for which a citation has been | 11 | | issued within the period permitted for its correction, the | 12 | | Director shall notify the employer by certified mail , or by | 13 | | email to an email address previously designated by the | 14 | | employer for purposes of receiving notice under this Act, of | 15 | | that failure and of the civil penalty proposed to be assessed | 16 | | for that failure.
| 17 | | (c) Civil penalties authorized under this Section are as | 18 | | follows:
| 19 | | (1) A public employer that repeatedly violates this | 20 | | Act, the Safety Inspection and Education Act, or the | 21 | | Health and Safety Act, or any combination of those Acts, | 22 | | or any standard, rule, regulation, or order under any of | 23 | | those Acts, may be assessed a civil penalty of not more | 24 | | than $10,000 per violation.
| 25 | | (2) A public employer that intentionally violates this | 26 | | Act, the Safety Inspection and Education Act, or the |
| | | HB4604 | - 8 - | LRB102 23341 SPS 32507 b |
|
| 1 | | Health and Safety Act, or any standard, rule, regulation, | 2 | | or order under any of those Acts, or who demonstrates | 3 | | plain indifference to any provision of any of those Acts | 4 | | or any such standard, rule, regulation, or order, may be | 5 | | assessed a civil penalty of not more than $10,000 per | 6 | | violation .
| 7 | | (3) A public employer that has received a citation for | 8 | | a serious violation of this Act, the Safety Inspection and | 9 | | Education Act, or the Health and Safety Act, or any | 10 | | standard, rule, regulation, or order under any of those | 11 | | Acts, may be assessed a civil penalty up to $1,000 for each | 12 | | such violation.
| 13 | | (4) A public employer that has received a citation for | 14 | | a violation of this Act, the Safety Inspection and | 15 | | Education Act, or the Health and Safety Act, or any | 16 | | standard, rule, regulation, or order under any of those | 17 | | Acts, which is not a serious violation, may be assessed a | 18 | | civil penalty of up to $1,000 for each such violation.
| 19 | | (5) A public employer that violates a posting | 20 | | requirement is subject to the following citations and | 21 | | proposed penalty structure:
| 22 | | (A) Job Safety and Health Poster: an other than | 23 | | serious citation and a proposed penalty of $1,000.
| 24 | | (B) Annual Summary of Work-Related Injuries and | 25 | | Illnesses (OSHA Form 300A): an other than serious | 26 | | citation and a proposed penalty of $1,000, even if |
| | | HB4604 | - 9 - | LRB102 23341 SPS 32507 b |
|
| 1 | | there are no recordable injuries or illnesses.
| 2 | | (C) Citation: an other than serious citation and a | 3 | | proposed penalty of $1,000.
| 4 | | (6) A public employer that fails to correct a | 5 | | violation for which a citation has been issued within the | 6 | | time period permitted may be assessed a civil penalty of | 7 | | up to $1,000 for each day the violation continues.
| 8 | | (d) For purposes of this Section, a "serious violation" | 9 | | shall be deemed to exist in a workplace if there is a | 10 | | substantial probability that death or serious physical harm | 11 | | could result from (i) a condition which exists or (ii) one or | 12 | | more practices, means, methods, operations, or processes which | 13 | | have been adopted or are in use in the workplace, unless the | 14 | | employer did not know and could not, with the exercise of | 15 | | reasonable diligence, have known of the presence of the | 16 | | violation.
| 17 | | (e) The Director may assess civil penalties as provided in | 18 | | this Section, giving due consideration to the appropriateness | 19 | | of the penalty. A penalty may be reduced by the Director or the | 20 | | Director's authorized representative based on the public | 21 | | employer's good faith, size of business, and history of | 22 | | previous violations.
| 23 | | (f) The Attorney General may bring an action in the | 24 | | circuit court to enforce the collection of any civil penalty | 25 | | assessed under this Act. | 26 | | (g) All civil penalties collected under this Act shall be |
| | | HB4604 | - 10 - | LRB102 23341 SPS 32507 b |
|
| 1 | | deposited into the General Revenue Fund of the State of | 2 | | Illinois.
| 3 | | (Source: P.A. 98-874, eff. 1-1-15 .) | 4 | | (820 ILCS 219/90)
| 5 | | Sec. 90. Informal review. | 6 | | (a) A public employer may submit in writing data relating | 7 | | to the abatement of a hazard to be considered by an authorized | 8 | | representative of the Director. The authorized representative | 9 | | shall notify the interested parties if such data will be used | 10 | | to modify an abatement order. | 11 | | (b) Within 15 business working days after receiving a | 12 | | citation, proposed assessment of a civil penalty, or notice of | 13 | | failure to correct a violation, a public employer or the | 14 | | employer's agent may request that an authorized representative | 15 | | of the Director review abatement dates, reclassify violations | 16 | | (such as willful to serious, serious to other than serious), | 17 | | or modify or withdraw a penalty, a citation, or a citation | 18 | | item, or any combination of those, if the employer presents | 19 | | evidence during the informal conference which convinces the | 20 | | authorized representative that the changes are justified.
| 21 | | (Source: P.A. 98-874, eff. 1-1-15 .) | 22 | | (820 ILCS 219/100)
| 23 | | Sec. 100. Hearing. | 24 | | (a) If a public employer or the employer's representative |
| | | HB4604 | - 11 - | LRB102 23341 SPS 32507 b |
|
| 1 | | notifies the Director that the employer intends to contest a | 2 | | citation and notice of penalty or if, within 15 business | 3 | | working days after the issuance of the citation, an employee | 4 | | or representative of employees files a notice with the | 5 | | Director alleging that the period of time fixed in the | 6 | | citation for the abatement of the violation is unreasonable, | 7 | | the Director shall afford an opportunity for a hearing before | 8 | | an Administrative Law Judge designated by the Director. | 9 | | (b) At the hearing, the employer or employee shall state | 10 | | his or her objections to the citation and provide evidence why | 11 | | the citation should not stand as issued. The Director or his or | 12 | | her representative shall be given the opportunity to state his | 13 | | or her reasons for issuing the citation. Affected employees | 14 | | shall be provided an opportunity to participate as parties to | 15 | | hearings under the rules of procedure prescribed by the | 16 | | Director (56 Ill. Admin. Code, Part 120).
| 17 | | (c) The Director, or the Administrative Law Judge on | 18 | | behalf of the Director, has the power to do the following:
| 19 | | (1) Issue subpoenas for and compel the attendance of | 20 | | witnesses.
| 21 | | (2) Hear testimony and receive evidence.
| 22 | | (3) Order testimony of a witness residing within or | 23 | | without this State to be taken by deposition in the manner | 24 | | prescribed by law for depositions in civil cases in the | 25 | | circuit court in any proceeding pending before him or her | 26 | | at any stage of such proceeding.
|
| | | HB4604 | - 12 - | LRB102 23341 SPS 32507 b |
|
| 1 | | (d) Subpoenas and commissions to take testimony shall be | 2 | | issued by under seal of the Director. Service of subpoenas may | 3 | | be made by a sheriff or any other person.
| 4 | | (e) The circuit court for the county where any hearing is | 5 | | pending may compel the attendance of witnesses, the production | 6 | | of pertinent books, papers, records, or documents, and the | 7 | | giving of testimony before the Director or an Administrative | 8 | | Law Judge by an attachment proceeding, as for contempt, in the | 9 | | same manner as the production of evidence may be compelled | 10 | | before the court.
| 11 | | (f) The Administrative Law Judge on behalf of the | 12 | | Director, after considering the evidence presented at the | 13 | | formal hearing, in accordance with the Director's rules, shall | 14 | | enter a final decision and order within a reasonable time | 15 | | affirming, modifying, or vacating the citation or proposed | 16 | | assessment of a civil penalty, or directing other appropriate | 17 | | relief.
| 18 | | (Source: P.A. 98-874, eff. 1-1-15 .) | 19 | | (820 ILCS 219/110)
| 20 | | Sec. 110. Discrimination against employee prohibited. | 21 | | (a) A person may not discharge or in any way discriminate | 22 | | against an employee because the employee has: (i) filed a | 23 | | complaint or instituted or caused to be instituted any | 24 | | proceeding under this Act, (ii) testified or is about to | 25 | | testify in any such proceeding, or (iii) exercised, on his or |
| | | HB4604 | - 13 - | LRB102 23341 SPS 32507 b |
|
| 1 | | her own behalf or on behalf of another person, any right | 2 | | afforded by this Act , including discussing health or safety | 3 | | concerns with a co-worker or authorized employee | 4 | | representative .
| 5 | | (b) An employee who believes that he or she has been | 6 | | discharged or otherwise discriminated against by an employer | 7 | | in violation of this Section may, within 30 calendar days | 8 | | after the violation occurs, file a complaint with the Director | 9 | | alleging the discrimination.
| 10 | | (c) Upon receipt of the complaint, the Director shall | 11 | | cause an investigation to be made as the Director deems | 12 | | appropriate. After the investigation, if the Director | 13 | | determines that the employer has violated this Section, the | 14 | | Director shall bring an action in the circuit court for | 15 | | appropriate relief, including rehiring or reinstatement of the | 16 | | employee to his or her former position with back pay, after | 17 | | taking into account any interim earnings of the employee. In | 18 | | such matters the Director shall be represented by the Attorney | 19 | | General.
| 20 | | (Source: P.A. 98-874, eff. 1-1-15 .)
|
|