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2005 Illinois Code - Chapter 820 Employment 820 ILCS 220/      Safety Inspection and Education Act.

    (820 ILCS 220/0.01) (from Ch. 48, par. 59.01)
    Sec. 0.01. Short title. This Act may be cited as the Safety Inspection and Education Act.
(Source: P.A. 86‑1324.)

    (820 ILCS 220/.02)(from Ch. 48, par. 59.02)
    Sec. .02. Definitions. As used in this Act:
    "Department" means the Department of Labor.
    "Director" means the Director of Labor.
    "Division" means the Division of Safety Inspection and Education of the Department of Labor.
(Source: P.A. 94‑477, eff. 1‑1‑06.)

    (820 ILCS 220/1) (from Ch. 48, par. 59.1)
    Sec. 1.
    For the purpose of assisting in the administration of the provisions of this Act, the Director of Labor may authorize his representatives in the Department of Labor or other agencies or political subdivisions of the State of Illinois to perform any necessary inspections or investigations. The Department of Labor, hereinafter called the Department, shall maintain a division to be known as the Division of Safety Inspection and Education, hereinafter called the Division.
(Source: P. A. 78‑868.)

    (820 ILCS 220/2)(from 820 ILCS 220/2, in part)
    Sec. 2. Powers and duties; inspections.
    (a) The Director of Labor shall enforce the occupational safety and health standards and rules promulgated under the Health and Safety Act and any occupational health and safety laws relating to inspection of places of employment, and shall visit and inspect, as often as practicable, the places of employment covered by this Act.
    (b) The Director of Labor or his or her authorized representatives upon presenting appropriate credentials to the owner, operator or agent in charge is authorized to have the right of entry and inspections of all places of all employment in the State as follows:
        (1) To enter without delay and at reasonable times
    
any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of a public employer in order to enforce such occupational safety and health standards.
        (2) If the public employer refuses entry upon being
    
presented proper credentials or allows entry but then refuses to permit or hinders the inspection in some way, the inspector shall leave the premises and immediately report the refusal to authorized management. Authorized management shall notify the Director of Labor to initiate the compulsory legal process or obtain a warrant for entry, or both.
        (3) To inspect and investigate during regular working
    
hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent or employee.
        (4) The owner, operator, manager or lessees of any
    
place affected by the provisions of this Act and his or her agent, superintendent, subordinate or employee, and any employer affected by such provisions shall when requested by the Division of Safety Inspection and Education, or any duly authorized agent thereof, furnish any information in his or her possession or under his control which the Department of Labor is authorized to require, and shall answer truthfully all questions required to be put to him, and shall cooperate in the making of a proper inspection.
        (5) A person who gives advance notice of an
    
inspection to be conducted under the authority of this Act without authority from the Director of Labor, or his or her authorized representative, commits a Class B misdemeanor.
        (6) Subject to regulations issued by the Director of
    
Labor, a representative of the employer and a representative authorized by his or her employees shall be given an opportunity to accompany the Director of Labor or his or her authorized representative during the physical inspection of any workplace under this Section for the purpose of aiding such inspection. Where there is no authorized employee representative the Director of Labor or his or her authorized agent shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.
        (7)(A) Whenever and as soon as an inspector concludes
    
that an imminent danger exists in any place of employment, the inspector shall inform the affected employees or their authorized representatives and employers of the danger and that the inspector is recommending to the Director of Labor that relief be sought.
        (B) Whenever the Director is of the opinion that
    
imminent danger exists in the working conditions of any public employee in this State, which condition may reasonably be expected to cause death or serious physical harm, the Director may file a complaint in the circuit court for appropriate relief against an employer and employee, including an order directing the employer or employee to cease and desist from the practice creating the imminent danger and to obtain immediate abatement of the hazard.
        (C) If the Director of Labor arbitrarily or
    
capriciously fails to seek relief under this Section, any employee who may be injured by reason of such failure, or the representative of the employee, may bring an action against the Director of Labor in the circuit court for the circuit in which the imminent danger is alleged to exist or the employer has his or her principal office, for relief by mandamus to compel the Director of Labor to seek such an order and for such further relief as may be appropriate.
(Source: P.A. 94‑477, eff. 1‑1‑06.)

    (820 ILCS 220/2.1)(from 820 ILCS 220/2, in part)
    Sec. 2.1. Complaint inspection procedures.
    (a) Any employees or representatives of employees who believe that a violation of a safety or health standard exists or that an imminent danger exists, may request an inspection by submitting a written complaint to the Director of Labor or his or her authorized representative setting forth with reasonable particularity the grounds for the complaint, and signed by the employees or representative of employees.
    (b) If the Director of Labor or the Director's authorized representative determines there are no reasonable grounds to believe that a violation or danger exists, he or she shall notify the employees or representatives of the employees in writing of such determination.
    (c) If, upon receipt of such complaint, the Director of Labor or his or her authorized representative determines there are reasonable grounds to believe that such violation or danger exists, he or she shall make a special inspection of the workplace in accordance with the provisions of this Act as soon as practicable, to determine if such violation or danger exists.
    (d) A copy of the complaint shall be provided the employer or his or her agent by the Director of Labor or his or her authorized representative at the time of inspection, except that, upon the request of the person making such complaint, his name and the name of individual employees referred to therein, shall not appear in such copy or on any record published, released, or made available by the Director of Labor or his or her authorized representative.
    (e) Nonformal complaints shall be handled by an authorized representative of the Director of Labor and, based upon the severity and legitimacy of the complaint, the authorized representative of the Director of Labor shall either schedule a complaint inspection or issue a letter to the public employer stating the concern.
(Source: P.A. 94‑477, eff. 1‑1‑06.)

    (820 ILCS 220/2.2)
    Sec. 2.2. Discrimination prohibited.
    (a) A person may not discharge or in any way discriminate against any employee because the employee has filed a complaint or instituted or caused to be instituted any proceeding under or related to this Act or the Health and Safety Act or has testified or is about to testify in any such proceeding or because of the exercise by the employee on behalf of himself or herself or others of any right afforded by this Act or the Health and Safety Act.
    (b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this Section may, within 30 calendar days after the violation occurs, file a complaint with the Director of Labor alleging the discrimination. Upon request, the Director of Labor shall withhold the name of the complainant from the employer. Upon receipt of the complaint, the Director of Labor shall cause such investigation to be made as the Director deems appropriate. If, after the investigation, the Director of Labor determines that the provisions of this Section have been violated, the Director shall, within 120 days after receipt of the complaint, bring an action in the circuit court for appropriate relief, including rehiring or reinstatement of the employee to his or her former position with back pay, after taking into account any interim earnings of the employee.
    (c) Within 90 days of the receipt of a complaint filed under this Section, the Director of Labor shall notify the complainant of the Director's determination under subsection (b) of this Section.
(Source: P.A. 94‑477, eff. 1‑1‑06.)

    (820 ILCS 220/2.3)(from 820 ILCS 220/2, in part)
    Sec. 2.3. Methods of compelling compliance.
    (a) Citations.
        (1) If, upon inspection or investigation, the
    
Director of Labor or his or her authorized representative believes that an employer has violated a requirement of the Health and Safety Act, or a standard, rule, regulation or order promulgated pursuant to this Act or the Health and Safety Act, he or she shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing; describe with particularity the nature of the violation and include a reference to the provision of the Act, standard, rule, regulation, or order alleged to have been violated; and fix a reasonable time for the abatement of the violation.
        (2) The Director of Labor may prescribe procedures
    
for the issuance of a notice of de minimis violations which have no direct or immediate relationship to safety or health.
        (3) Each citation issued under this Section, or a
    
copy or copies thereof, shall be prominently posted as prescribed in regulations issued by the Director of Labor at or near the place at which the violation occurred.
        (4) Citations shall be served on the employer, owner,
    
operator, manager, or agent by delivering an exact copy to the person upon whom the service is to be had, or by leaving a copy at his or her usual place of business or abode, or by sending a copy thereof by registered mail to his place of business.
        (5) No citation may be issued under this Section
    
after the expiration of 6 months following the occurrence of any violation.
        (6) If, after an inspection, the Director of Labor
    
issues a citation, he or she shall within 5 days after the issuance of the citation, notify the employer by certified mail of the penalty, if any, proposed to be assessed for the violation set forth in the citation.
        (7) If the Director of Labor has reason to believe
    
that an employer has failed to correct a violation for which a citation has been issued within the period permitted for its correction, the Director of Labor shall notify the employer by certified mail of such failure and of the monetary penalty proposed to be assessed by reason of such failure.
        (8) The public entity may submit in writing data
    
relating to the abatement of a hazard to be considered by an authorized representative of the Director of Labor. The authorized representative of the Director of Labor shall notify the interested parties if such data will be used to modify an abatement order.
    (b) Proposed violations.
        (1) Civil penalties. Civil penalties under
    
subparagraphs (A) through (E) may be assessed by the Director of Labor as part of the citation procedure as follows:
            (A) Any public employer who repeatedly violates
        
the requirements of the Health and Safety Act or any standard, or rule, or order pursuant to that Act and this Act may be assessed a civil penalty of not more than $10,000.
            (B) Any employer who has received a citation for
        
a serious violation of the requirements of the Health and Safety Act or any standard, or rule, or order pursuant to that Act and this Act shall be assessed a civil penalty up to $1,000 for each such violation.
            For purposes of this Section, a serious violation
        
shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use in such place of employment unless the employer did not know and could not, with the exercise of reasonable diligence, have known of the presence of the violation as specifically determined.
            (C) Any public employer who has received a
        
citation for violations of any standard, or rule, or order not of a serious nature may be assessed a civil penalty of up to $1,000 for each such violation.
            (D) Any public employer who fails to correct a
        
violation for which a citation has been issued within the period permitted may be assessed a civil penalty of up to $1,000 for each day the violation continues.
            (E) Any public employer who intentionally
        
violates the requirements of the Health and Safety Act or any standard, or rule, or order pursuant to this Act or demonstrates plain indifference to its requirements shall be issued a willful violation and may be assessed a civil penalty of not more than $10,000.
        (2) Criminal penalty. Any public employer who
    
willfully violates any standard, rule, or order is guilty of a Class 4 felony if that violation causes death to any employee.
        (3) Assessment and reduction of penalties. Any
    
penalty may be reduced by the Director of Labor or the Director's authorized representative by as much as 95% depending upon the public employer's "good faith", "size of business", and "history of previous violations". Up to 60% reduction is permitted for size, up to 25% reduction is permitted for good faith, and up to 10% reduction is permitted for history.
(Source: P.A. 94‑477, eff. 1‑1‑06.)

    (820 ILCS 220/2.4)(from 820 ILCS 220/2, in part)
    Sec. 2.4. Contested cases.
    (a) An employer, firm or corporation, or an agent, manager or superintendent or a person for himself or herself or for other such person, firm or corporation, after receiving a citation, a proposed assessment of penalty, or a notification of failure to correct violation from the Director of Labor or his or her authorized agent that he or she is in violation of this Act, or of any occupational safety or health standard or rule, may within 15 working days from receipt of the notice of citation or penalty request in writing a hearing before the Director for an appeal from the citation order, notice of penalty, or abatement period.
    (b) Any employee or representative of an employee may within 15 working days of the issuance of a citation file a request in writing for a hearing before the Director for an appeal from the citation on the ground that the period of time fixed in the citation for the abatement of the violation is unreasonable.
    (c)(1) The Director shall schedule a hearing within 15 calendar days after receipt of such request for an appeal from the citation order and shall notify all interested parties of such hearing. Such hearing shall be held no later than 45 calendar days after the date of receipt of such appeal request.
    (2) The Director shall afford a hearing to the employer or his or her representatives, at which hearing the employer shall state his or her objections to such citation and provide evidence why such citation shall not stand as entered. The Director of Labor or his or her representative shall be given the opportunity to state his or her reasons for entering such violation citation. Affected employees shall be provided an opportunity to participate as parties to hearings under the rules of procedure prescribed by the Director.
    (3) The Director, in consideration of the evidence presented at the formal hearing, shall in accordance with his rules enter a final decision and order no later than 15 calendar days after such hearing affirming, modifying or vacating the Director's citation or proposed penalty, or directing other appropriate relief.
    (4) An informal review may be conducted by an authorized representative of the Director of Labor who is authorized to change abatement dates, to reclassify violations (such as willful to serious, serious to other‑than‑serious), and to modify or withdraw a penalty, a citation, or a citation item if the employer presents evidence during the informal conference which convinces the authorized representative of the Director of Labor that the changes are justified.
    (5) Appeal.
        (A) Any party adversely affected by a final violation
    
order or determination of the Director may obtain judicial review by filing a complaint for review within 35 days after the entry of the order or other final action complained of, pursuant to the provisions of the Administrative Review Law, all amendments and modifications thereof, and the rules adopted pursuant thereto.
        (B) If no appeal is taken within 35 days the order of
    
the Director shall become final.
        (C) Judicial reviews filed under this Section shall
    
be heard expeditiously.
    (6) The Director of Labor has the power:
        (A) To issue subpoenas for and compel the attendance
    
of witnesses and the production of pertinent books, papers, documents or other evidence.
        (B) To hear testimony and receive evidence and to
    
take or cause to be taken, depositions of witnesses residing within or without this State in the manner prescribed by law for depositions in civil cases in the circuit court. Subpoenas and commissions to take testimony shall be under seal of the Director of Labor.
    Service of subpoenas may be made by any sheriff or any
    
other person. The circuit court for the county where any hearing is pending, upon application of the Director of Labor, may, in the court's discretion, compel the attendance of witnesses, the production of pertinent books, papers, records, or documents and the giving of testimony before the Director of Labor by an attachment proceeding, as for contempt, in the same manner as the production of evidence may be compelled before the court.
(Source: P.A. 94‑477, eff. 1‑1‑06.)

    (820 ILCS 220/2.5)
    Sec. 2.5. Employee access to information.
    (a) The Director of Labor shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under the Health and Safety Act.
        (1) The regulations shall provide employees or their
    
representatives with an opportunity to observe such monitoring or measuring, and to have access to the records thereof.
        (2) The regulations shall also make appropriate
    
provisions for each employee or former employee to have access to such records as will indicate his or her own exposure to toxic materials or harmful physical agents.
        (3) Each employer shall promptly notify any employee
    
who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an occupational safety and health standard and shall inform any employee who is being thus exposed of the corrective action being taken.
    (b) The Director of Labor shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under these Acts, including the provisions of applicable standards.
(Source: P.A. 94‑477, eff. 1‑1‑06.)

    (820 ILCS 220/2.6)
    Sec. 2.6. Other prohibited actions and sanctions.
    (a) Advance notice. A person who gives advance notice of any inspection to be conducted under the authority of this Act without authority from the Director of Labor, or his or her authorized representative, commits a Class B misdemeanor.
    (b) False statements. A person who knowingly makes a false statement, representation, or certification in any application, record, report, plan, or other document required pursuant to this Act commits a Class 4 felony.
    (c) Violation of posting requirements. A public employer who violates any of the required posting requirements is subject to the following citations and proposed penalty structure:
        (1) Job Safety & Health Poster: an other‑than‑serious
    
citation with a proposed penalty of $1,000.
        (2) Annual Summary of Injuries/Illnesses: an
    
other‑than‑serious citation and a proposed penalty of $1,000 even if there are no recordable injuries or illnesses.
        (3) Citation: an other‑than‑serious citation and a
    
proposed penalty of $1,000.
    (d) All information reported to or otherwise obtained by the Director of Labor or the Director's authorized representative in connection with any inspection or proceeding under this Act or the Health and Safety Act which contains or might reveal a trade secret shall be considered confidential, except that such information may be disclosed confidentially to other officers or employees concerned with carrying out this Act or the Health and Safety Act or when relevant to any proceeding under this Act. In any such proceeding, the Director of Labor or the court shall issue such orders as may be appropriate, including the impoundment of files or portions of files, to protect the confidentiality of trade secrets. A person who violates the confidentiality of trade secrets commits a Class B misdemeanor.
(Source: P.A. 94‑477, eff. 1‑1‑06.)

    (820 ILCS 220/2.7)
    Sec. 2.7. Inspection scheduling system.
    (a) In general, the priority of accomplishment and assignment of staff resources for inspection categories shall be as follows:
        (1) Imminent Danger.
        (2) Fatality/Catastrophe Investigations.
        (3) Complaints/Referrals Investigation.
        (4) Programmed Inspections ‑ general, advisory,
    
monitoring and follow‑up.
    (b) The priority for assignment of staff resources for hazard categories shall be the responsibility of an authorized representative of the Director of Labor based upon the inspection category, the type of hazard, the perceived severity of hazard, and the availability of resources.
(Source: P.A. 94‑477, eff. 1‑1‑06.)

    (820 ILCS 220/2.8)(from 820 ILCS 220/2, in part)
    Sec. 2.8. Voluntary compliance program.
    (a) The Department shall encourage employers and organizations and groups of employees to institute and maintain safety education programs for employees and promote the observation of safety practices.
    (b) The Department shall provide and conduct qualified and quality educational programs specifically designed to meet the regulatory requirements and the needs of the public employer.
    (c) The educational programs and advisory inspections shall be scheduled secondary to the unprogrammed inspections by priority.
    (d) Regular public information programs shall be conducted to inform the public employers of changes to the regulations or updates as necessary.
    (e) The Department shall provide support services for any public employer who needs assistance with the public employer's self‑inspection programs.
(Source: P.A. 94‑477, eff. 1‑1‑06.)

    (820 ILCS 220/2.9)
    Sec. 2.9. Laboratory services. The Department shall enlist the services of certified laboratories to provide analysis and interpretation of results via contractual services.
(Source: P.A. 94‑477, eff. 1‑1‑06.)

    (820 ILCS 220/2.10)(from 820 ILCS 220/2, in part)
    Sec. 2.10. Adoption of rules; designation of personnel to hear evidence in disputed matters.
    (a) The Director of Labor shall adopt such rules and regulations as he or she may deem necessary to implement the provisions of this Act, including, but not limited to, rules and regulations dealing with: (1) the inspection of an employer's establishment and (2) the designation of proper parties, pleadings, notice, discovery, the issuance of subpoenas, transcripts, and oral argument.
    (b) The Director of Labor may designate personnel to hear evidence in disputed matters.
(Source: P.A. 94‑477, eff. 1‑1‑06.)

    (820 ILCS 220/2a) (from Ch. 48, par. 59.2a)
    Sec. 2a. (Repealed).
(Source: P.A. 87‑245. Repealed by P.A. 91‑798, eff. 7‑9‑00.)

    (820 ILCS 220/7) (from Ch. 48, par. 59.7)
    Sec. 7. Employees in the Division shall be employed subject to the provisions of the Personnel Code and "An Act to define and regulate participation in politics, political management or political campaigns by merit employees of the State."
(Source: Laws 1961, p. 2049.)

    (820 ILCS 220/8) (from Ch. 48, par. 59.8)
    Sec. 8. Before any prosecution is instituted based upon the laboratory findings of any industrial hygiene unit of the Department, any person dissatisfied with such findings shall be entitled to have an independent review thereof made.
    The Attorney General and state's attorneys, upon request of the Department, shall prosecute any violation of any law which the Department has the duty to administer and enforce.
(Source: P. A. 77‑1899.)

    (820 ILCS 220/9) (from Ch. 48, par. 59.9)
    Sec. 9. The Director of Labor shall, in the annual report to the Governor required by "The Civil Administrative Code of Illinois", report the result of inspections and investigations made of such establishments, together with such other information and recommendations as he deems proper.
(Source: Laws 1961, p. 2049.)

    (820 ILCS 220/10) (from Ch. 48, par. 59.10)
    Sec. 10.
    All fines collected pursuant to this Act shall be deposited in the general revenue fund of the State of Illinois.
(Source: P. A. 77‑1899.)

    (820 ILCS 220/11) (from Ch. 48, par. 59.11)
    Sec. 11. Nothing in this Act shall be construed to supersede or in any manner affect any workers' compensation or occupational diseases law or any other common law or statutory rights, duties or liabilities, or create any private right of action.
(Source: P.A. 81‑992.)

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