Illinois General Assembly - Full Text of HB4604
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Full Text of HB4604  102nd General Assembly


Rep. Marcus C. Evans, Jr.

Filed: 2/3/2022





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2    AMENDMENT NO. ______. Amend House Bill 4604 by replacing
3everything after the enacting clause with the following:
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



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1standard. Before developing and adopting an alternate standard
2or modifying or revoking an existing standard, the Director
3must consider factual information that includes:
4        (1) Expert technical knowledge.
5        (2) Input from interested persons, including
6    employers, employees, recognized standards-producing
7    organizations, and the public.
8    (b) All federal occupational safety and health standards
9which the United States Secretary of Labor promulgates or
10modifies in accordance with the federal Occupational Safety
11and Health Act of 1970 on or after the effective date of this
12Act, unless revoked by the Secretary of Labor, shall become
13rules of the Department within 6 months after their federal
14promulgation date, unless there has been in effect in this
15State at the time of the promulgation or modification of the
16federal standard an alternate State standard that is at least
17as effective in providing safe and healthful employment and
18places of employment as a federal standard. The alternate
19State standard, if not currently contained in the Department's
20rules, shall not become effective, however, unless the
21Department, within 45 days after the federal promulgation
22date, files with the office of the Secretary of State in
23Springfield, Illinois, a certified copy of the rule as
24provided in the Illinois Administrative Procedure Act.
25(Source: P.A. 98-874, eff. 1-1-15.)



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1    (820 ILCS 219/60)
2    Sec. 60. Employers' records.
3    (a) The Director shall adopt rules requiring public
4employers to maintain accurate records of, and to make reports
5on, work-related deaths, injuries, and illnesses, other than
6minor injuries requiring only first aid treatment and which do
7not involve medical treatment, loss of consciousness,
8restriction of work or motion, or transfer to another job. The
9rules shall specifically include all of the reporting
10provisions of Section 6 of the Workers' Compensation Act and
11Section 6 of the Workers' Occupational Diseases Act. The
12records shall be available to any State agency requiring such
14    (b) The Director shall adopt rules requiring public
15employers to maintain accurate records of employee exposures
16to potentially toxic materials or harmful physical agents
17which are required to be monitored or measured under this Act.
18The rules shall provide employees or their authorized
19representative with an opportunity to observe the monitoring
20or measuring, and to have access to the records of the
21monitoring or measuring. The rules shall provide appropriate
22means by which each employee or former employee may have
23access to such records as will indicate his or her exposure to
24toxic materials or harmful physical agents.
25    (c) A public employer shall promptly notify any employee
26who has been or is being exposed to toxic materials or harmful



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1physical agents in concentrations or at levels which exceed
2those prescribed by an occupational safety and health standard
3and shall inform the employee who is being thus exposed of the
4action being taken by the employer to correct such exposure.
5(Source: P.A. 98-874, eff. 1-1-15.)
6    (820 ILCS 219/65)
7    Sec. 65. Periodic inspection of workplaces.
8    (a) The Director shall enforce the occupational safety and
9health standards and rules promulgated under this Act and any
10occupational health and safety regulations relating to
11inspection of places of employment, and shall visit and
12inspect, as often as practicable, the places of employment
13covered by this Act.
14    (b) The Director or his or her authorized representative,
15upon presenting appropriate credentials to a public employer's
16agent in charge, has the right to enter and inspect all places
17of employment covered by this Act as follows:
18        (1) An inspector may enter without delay and at
19    reasonable times any establishment, construction site, or
20    other area, workplace, or environment where work is
21    performed by an employee of a public employer in order to
22    enforce the occupational safety and health standards
23    adopted under this Act.
24        (2) If a public employer refuses entry to an inspector
25    upon being presented with proper credentials or allows



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1    entry but then refuses to permit or hinders the inspection
2    in any way, the inspector shall leave the premises and
3    immediately report the refusal to authorized management
4    within the Division. Authorized management shall notify
5    the Director to initiate the compulsory legal process to
6    obtain entry or obtain a warrant for entry, or both.
7        (3) An inspector may inspect and investigate during
8    regular working hours and at other reasonable times, and
9    within reasonable limits and in a reasonable manner, any
10    workplace described in paragraph (1) and all pertinent
11    conditions, structures, machines, apparatus, devices,
12    equipment, and materials therein, and to question
13    privately the employer or any agent or employee of the
14    employer.
15        (4) The owner, operator, manager, or lessee of any
16    workplace covered by this Act, and his or her agent or
17    employee, and any employer affected by this Act shall,
18    when requested by the Division of Occupational Safety and
19    Health or any duly authorized agent of that Division: (i)
20    furnish any information in his or her possession or under
21    his or her control which the Department is authorized to
22    require, (ii) answer truthfully all questions required to
23    be put to him or her, and (iii) cooperate in the making of
24    a proper inspection.
25    (c) In making his or her inspection and investigations
26under this Act, the Director of Labor has the power to require



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1the attendance and testimony of witnesses and the production
2of evidence under oath.
3(Source: P.A. 98-874, eff. 1-1-15; 99-336, eff. 8-10-15.)
4    (820 ILCS 219/80)
5    Sec. 80. Violation of Act or standard; citation.
6    (a) Upon inspection or investigation of a workplace, if
7the Director or his or her authorized representative believes
8that a public employer has violated a requirement of this Act
9or a standard, rule, or regulation promulgated under this Act,
10he or she shall with reasonable promptness issue a citation to
11the employer. A citation shall: (i) be in writing, (ii)
12describe with particularity the nature of the violation and
13include a reference to the provision of the Act, standard,
14rule, or regulation alleged to have been violated, and (iii)
15fix a reasonable time for the abatement of the violation.
16    (b) Each citation issued under this Section, or a copy or
17copies thereof, shall be prominently posted at or near the
18place at which the violation occurred as prescribed in rules
19adopted by the Director.
20    (c) A citation shall be served on the employer or the
21employer's agent by delivering a copy to the person upon whom
22the service is to be had, or by leaving a copy at his or her
23usual place of business or abode, or by sending a copy by
24certified mail to his or her place of business, or by sending a
25copy by email to an email address previously designated by the



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1employer for purposes of receiving notice under this Act.
2    (d) A citation may not be issued under this Section after
3the expiration of 6 months following the occurrence of any
5(Source: P.A. 98-874, eff. 1-1-15.)
6    (820 ILCS 219/85)
7    Sec. 85. Civil penalties.
8    (a) After an inspection of a workplace under this Act, if
9the Director issues a citation, he or she shall, within 5 days
10after issuing the citation, notify the employer by certified
11mail, or by email to an email address previously designated by
12the employer for purposes of receiving notice under this Act,
13of any civil penalty proposed to be assessed for the violation
14set forth in the citation.
15    (b) If the Director has reason to believe that an employer
16has failed to correct a violation for which a citation has been
17issued within the period permitted for its correction, the
18Director shall notify the employer by certified mail, or by
19email to an email address previously designated by the
20employer for purposes of receiving notice under this Act, of
21that failure and of the civil penalty proposed to be assessed
22for that failure.
23    (c) Civil penalties authorized under this Section are as
25        (1) A public employer that repeatedly violates this



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1    Act, the Safety Inspection and Education Act, or the
2    Health and Safety Act, or any combination of those Acts,
3    or any standard, rule, regulation, or order under any of
4    those Acts, may be assessed a civil penalty of not more
5    than $10,000 per violation.
6        (2) A public employer that intentionally violates this
7    Act, the Safety Inspection and Education Act, or the
8    Health and Safety Act, or any standard, rule, regulation,
9    or order under any of those Acts, or who demonstrates
10    plain indifference to any provision of any of those Acts
11    or any such standard, rule, regulation, or order, may be
12    assessed a civil penalty of not more than $10,000 per
13    violation.
14        (3) A public employer that has received a citation for
15    a serious violation of this Act, the Safety Inspection and
16    Education Act, or the Health and Safety Act, or any
17    standard, rule, regulation, or order under any of those
18    Acts, may be assessed a civil penalty up to $1,000 for each
19    such violation.
20        (4) A public employer that has received a citation for
21    a violation of this Act, the Safety Inspection and
22    Education Act, or the Health and Safety Act, or any
23    standard, rule, regulation, or order under any of those
24    Acts, which is not a serious violation, may be assessed a
25    civil penalty of up to $1,000 for each such violation.
26        (5) A public employer that violates a posting



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1    requirement is subject to the following citations and
2    proposed penalty structure:
3            (A) Job Safety and Health Poster: an other than
4        serious citation and a proposed penalty of $1,000.
5            (B) Annual Summary of Work-Related Injuries and
6        Illnesses (OSHA Form 300A): an other than serious
7        citation and a proposed penalty of $1,000, even if
8        there are no recordable injuries or illnesses.
9            (C) Citation: an other than serious citation and a
10        proposed penalty of $1,000.
11        (6) A public employer that fails to correct a
12    violation for which a citation has been issued within the
13    time period permitted may be assessed a civil penalty of
14    up to $1,000 for each day the violation continues.
15    (d) For purposes of this Section, a "serious violation"
16shall be deemed to exist in a workplace if there is a
17substantial probability that death or serious physical harm
18could result from (i) a condition which exists or (ii) one or
19more practices, means, methods, operations, or processes which
20have been adopted or are in use in the workplace, unless the
21employer did not know and could not, with the exercise of
22reasonable diligence, have known of the presence of the
24    (e) The Director may assess civil penalties as provided in
25this Section, giving due consideration to the appropriateness
26of the penalty. A penalty may be reduced by the Director or the



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1Director's authorized representative based on the public
2employer's good faith, size of business, and history of
3previous violations.
4    (f) The Attorney General may bring an action in the
5circuit court to enforce the collection of any civil penalty
6assessed under this Act.
7    (g) All civil penalties collected under this Act shall be
8deposited into the General Revenue Fund of the State of
10(Source: P.A. 98-874, eff. 1-1-15.)
11    (820 ILCS 219/90)
12    Sec. 90. Informal review.
13    (a) A public employer may submit in writing data relating
14to the abatement of a hazard to be considered by an authorized
15representative of the Director. The authorized representative
16shall notify the interested parties if such data will be used
17to modify an abatement order.
18    (b) Within 15 business working days after receiving a
19citation, proposed assessment of a civil penalty, or notice of
20failure to correct a violation, a public employer or the
21employer's agent may request that an authorized representative
22of the Director review abatement dates, reclassify violations
23(such as willful to serious, serious to other than serious),
24or modify or withdraw a penalty, a citation, or a citation
25item, or any combination of those, if the employer presents



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1evidence during the informal conference which convinces the
2authorized representative that the changes are justified.
3(Source: P.A. 98-874, eff. 1-1-15.)
4    (820 ILCS 219/100)
5    Sec. 100. Hearing.
6    (a) If a public employer or the employer's representative
7notifies the Director that the employer intends to contest a
8citation and notice of penalty or if, within 15 business
9working days after the issuance of the citation, an employee
10or representative of employees files a notice with the
11Director alleging that the period of time fixed in the
12citation for the abatement of the violation is unreasonable,
13the Director shall afford an opportunity for a hearing before
14an Administrative Law Judge designated by the Director.
15    (b) At the hearing, the employer or employee shall state
16his or her objections to the citation and provide evidence why
17the citation should not stand as issued. The Director or his or
18her representative shall be given the opportunity to state his
19or her reasons for issuing the citation. Affected employees
20shall be provided an opportunity to participate as parties to
21hearings under the rules of procedure prescribed by the
22Director (56 Ill. Admin. Code, Part 120).
23    (c) The Director, or the Administrative Law Judge on
24behalf of the Director, has the power to do the following:
25        (1) Issue subpoenas for and compel the attendance of



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1    witnesses.
2        (2) Hear testimony and receive evidence.
3        (3) Order testimony of a witness residing within or
4    without this State to be taken by deposition in the manner
5    prescribed by law for depositions in civil cases in the
6    circuit court in any proceeding pending before him or her
7    at any stage of such proceeding.
8    (d) Subpoenas and commissions to take testimony shall be
9issued by under seal of the Director. Service of subpoenas may
10be made by a sheriff or any other person.
11    (e) The circuit court for the county where any hearing is
12pending may compel the attendance of witnesses, the production
13of pertinent books, papers, records, or documents, and the
14giving of testimony before the Director or an Administrative
15Law Judge by an attachment proceeding, as for contempt, in the
16same manner as the production of evidence may be compelled
17before the court.
18    (f) The Administrative Law Judge on behalf of the
19Director, after considering the evidence presented at the
20formal hearing, in accordance with the Director's rules, shall
21enter a final decision and order within a reasonable time
22affirming, modifying, or vacating the citation or proposed
23assessment of a civil penalty, or directing other appropriate
25(Source: P.A. 98-874, eff. 1-1-15.)



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1    (820 ILCS 219/110)
2    Sec. 110. Discrimination against employee prohibited.
3    (a) A person may not discharge or in any way discriminate
4against an employee because the employee has: (i) filed a
5complaint or instituted or caused to be instituted any
6proceeding under this Act, (ii) testified or is about to
7testify in any such proceeding, or (iii) exercised, on his or
8her own behalf or on behalf of another person, any right
9afforded by this Act, including reporting potential violations
10of this Act to a member of management with authority to address
11the concerns.
12    (b) An employee who believes that he or she has been
13discharged or otherwise discriminated against by an employer
14in violation of this Section may, within 30 calendar days
15after the violation occurs, file a complaint with the Director
16alleging the discrimination.
17    (c) Upon receipt of the complaint, the Director shall
18cause an investigation to be made as the Director deems
19appropriate. After the investigation, if the Director
20determines that the employer has violated this Section, the
21Director shall bring an action in the circuit court for
22appropriate relief, including rehiring or reinstatement of the
23employee to his or her former position with back pay, after
24taking into account any interim earnings of the employee. In
25such matters the Director shall be represented by the Attorney



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1(Source: P.A. 98-874, eff. 1-1-15.)".