Illinois General Assembly - Full Text of HB4604
Illinois General Assembly

Previous General Assemblies

Full Text of HB4604  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/21/2022, by Rep. Marcus C. Evans, Jr.


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.

LRB102 23341 SPS 32507 b





HB4604LRB102 23341 SPS 32507 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Occupational Safety and Health Act is
5amended by changing Sections 25, 60, 65, 80, 85, 90, 100, and
6110 as follows:
7    (820 ILCS 219/25)
8    Sec. 25. Occupational safety and health standards.
9    (a) All federal occupational safety and health standards
10which the United States Secretary of Labor has promulgated or
11modified in accordance with the federal Occupational Safety
12and Health Act of 1970 and which are in effect on the effective
13date of this Act shall be and are hereby made rules of the
14Department unless the Director promulgates an alternate
15standard that is at least as effective in providing safe and
16healthful employment and places of employment as a federal
17standard. Before developing and adopting an alternate standard
18or modifying or revoking an existing standard, the Director
19must 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
2which the United States Secretary of Labor promulgates or
3modifies in accordance with the federal Occupational Safety
4and Health Act of 1970 on or after the effective date of this
5Act, unless revoked by the Secretary of Labor, shall become
6rules of the Department within 6 months after their federal
7promulgation date, unless there has been in effect in this
8State at the time of the promulgation or modification of the
9federal standard an alternate State standard that is at least
10as effective in providing safe and healthful employment and
11places of employment as a federal standard. The alternate
12State standard, if not currently contained in the Department's
13rules, shall not become effective, however, unless the
14Department, within 45 days after the federal promulgation
15date, files with the office of the Secretary of State in
16Springfield, Illinois, a certified copy of the rule as
17provided 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
22employers to maintain accurate records of, and to make reports
23on, work-related deaths, injuries, and illnesses, other than
24minor injuries requiring only first aid treatment and which do
25not involve medical treatment, loss of consciousness,



HB4604- 3 -LRB102 23341 SPS 32507 b

1restriction of work or motion, or transfer to another job. The
2rules shall specifically include all of the reporting
3provisions of Section 6 of the Workers' Compensation Act and
4Section 6 of the Workers' Occupational Diseases Act. The
5records shall be available to any State agency requiring such
7    (b) The Director shall adopt rules requiring public
8employers to maintain accurate records of employee exposures
9to potentially toxic materials or harmful physical agents
10which are required to be monitored or measured under this Act.
11The rules shall provide employees or their authorized
12representative with an opportunity to observe the monitoring
13or measuring, and to have access to the records of the
14monitoring or measuring. The rules shall provide appropriate
15means by which each employee or former employee may have
16access to such records as will indicate his or her exposure to
17toxic materials or harmful physical agents.
18    (c) A public employer shall promptly notify any employee
19who has been or is being exposed to toxic materials or harmful
20physical agents in concentrations or at levels which exceed
21those prescribed by an occupational safety and health standard
22and shall inform the employee who is being thus exposed of the
23action 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
3health standards and rules promulgated under this Act and any
4occupational health and safety regulations relating to
5inspection of places of employment, and shall visit and
6inspect, as often as practicable, the places of employment
7covered by this Act.
8    (b) The Director or his or her authorized representative,
9upon presenting appropriate credentials to a public employer's
10agent in charge, has the right to enter and inspect all places
11of 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
19under this Act, the Director of Labor has the power to require
20the attendance and testimony of witnesses and the production
21of 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

1the Director or his or her authorized representative believes
2that a public employer has violated a requirement of this Act
3or a standard, rule, or regulation promulgated under this Act,
4he or she shall with reasonable promptness issue a citation to
5the employer. A citation shall: (i) be in writing, (ii)
6describe with particularity the nature of the violation and
7include a reference to the provision of the Act, standard,
8rule, or regulation alleged to have been violated, and (iii)
9fix a reasonable time for the abatement of the violation.
10    (b) Each citation issued under this Section, or a copy or
11copies thereof, shall be prominently posted at or near the
12place at which the violation occurred as prescribed in rules
13adopted by the Director.
14    (c) A citation shall be served on the employer or the
15employer's agent by delivering a copy to the person upon whom
16the service is to be had, or by leaving a copy at his or her
17usual place of business or abode, or by sending a copy by
18certified mail to his or her place of business, or by sending a
19copy by email to an email address previously designated by the
20employer for purposes of receiving notice under this Act.
21    (d) A citation may not be issued under this Section after
22the expiration of 6 months following the occurrence of any
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
3the Director issues a citation, he or she shall, within 5 days
4after issuing the citation, notify the employer by certified
5mail, or by email to an email address previously designated by
6the employer for purposes of receiving notice under this Act,
7of any civil penalty proposed to be assessed for the violation
8set forth in the citation.
9    (b) If the Director has reason to believe that an employer
10has failed to correct a violation for which a citation has been
11issued within the period permitted for its correction, the
12Director shall notify the employer by certified mail, or by
13email to an email address previously designated by the
14employer for purposes of receiving notice under this Act, of
15that failure and of the civil penalty proposed to be assessed
16for that failure.
17    (c) Civil penalties authorized under this Section are as
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"
9shall be deemed to exist in a workplace if there is a
10substantial probability that death or serious physical harm
11could result from (i) a condition which exists or (ii) one or
12more practices, means, methods, operations, or processes which
13have been adopted or are in use in the workplace, unless the
14employer did not know and could not, with the exercise of
15reasonable diligence, have known of the presence of the
17    (e) The Director may assess civil penalties as provided in
18this Section, giving due consideration to the appropriateness
19of the penalty. A penalty may be reduced by the Director or the
20Director's authorized representative based on the public
21employer's good faith, size of business, and history of
22previous violations.
23    (f) The Attorney General may bring an action in the
24circuit court to enforce the collection of any civil penalty
25assessed under this Act.
26    (g) All civil penalties collected under this Act shall be



HB4604- 10 -LRB102 23341 SPS 32507 b

1deposited into the General Revenue Fund of the State of
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
7to the abatement of a hazard to be considered by an authorized
8representative of the Director. The authorized representative
9shall notify the interested parties if such data will be used
10to modify an abatement order.
11    (b) Within 15 business working days after receiving a
12citation, proposed assessment of a civil penalty, or notice of
13failure to correct a violation, a public employer or the
14employer's agent may request that an authorized representative
15of the Director review abatement dates, reclassify violations
16(such as willful to serious, serious to other than serious),
17or modify or withdraw a penalty, a citation, or a citation
18item, or any combination of those, if the employer presents
19evidence during the informal conference which convinces the
20authorized 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

1notifies the Director that the employer intends to contest a
2citation and notice of penalty or if, within 15 business
3working days after the issuance of the citation, an employee
4or representative of employees files a notice with the
5Director alleging that the period of time fixed in the
6citation for the abatement of the violation is unreasonable,
7the Director shall afford an opportunity for a hearing before
8an Administrative Law Judge designated by the Director.
9    (b) At the hearing, the employer or employee shall state
10his or her objections to the citation and provide evidence why
11the citation should not stand as issued. The Director or his or
12her representative shall be given the opportunity to state his
13or her reasons for issuing the citation. Affected employees
14shall be provided an opportunity to participate as parties to
15hearings under the rules of procedure prescribed by the
16Director (56 Ill. Admin. Code, Part 120).
17    (c) The Director, or the Administrative Law Judge on
18behalf 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
2issued by under seal of the Director. Service of subpoenas may
3be made by a sheriff or any other person.
4    (e) The circuit court for the county where any hearing is
5pending may compel the attendance of witnesses, the production
6of pertinent books, papers, records, or documents, and the
7giving of testimony before the Director or an Administrative
8Law Judge by an attachment proceeding, as for contempt, in the
9same manner as the production of evidence may be compelled
10before the court.
11    (f) The Administrative Law Judge on behalf of the
12Director, after considering the evidence presented at the
13formal hearing, in accordance with the Director's rules, shall
14enter a final decision and order within a reasonable time
15affirming, modifying, or vacating the citation or proposed
16assessment of a civil penalty, or directing other appropriate
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
22against an employee because the employee has: (i) filed a
23complaint or instituted or caused to be instituted any
24proceeding under this Act, (ii) testified or is about to
25testify in any such proceeding, or (iii) exercised, on his or



HB4604- 13 -LRB102 23341 SPS 32507 b

1her own behalf or on behalf of another person, any right
2afforded by this Act, including discussing health or safety
3concerns with a co-worker or authorized employee
5    (b) An employee who believes that he or she has been
6discharged or otherwise discriminated against by an employer
7in violation of this Section may, within 30 calendar days
8after the violation occurs, file a complaint with the Director
9alleging the discrimination.
10    (c) Upon receipt of the complaint, the Director shall
11cause an investigation to be made as the Director deems
12appropriate. After the investigation, if the Director
13determines that the employer has violated this Section, the
14Director shall bring an action in the circuit court for
15appropriate relief, including rehiring or reinstatement of the
16employee to his or her former position with back pay, after
17taking into account any interim earnings of the employee. In
18such matters the Director shall be represented by the Attorney
20(Source: P.A. 98-874, eff. 1-1-15.)