There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 820 Employment 820 ILCS 225/ Health and Safety Act.
(820 ILCS 225/.01) (from Ch. 48, par. 137.01)
Sec. .01.
As used in this Act:
"Department" means the Department of Labor.
"Director" means the Director of Labor.
(Source: P.A. 87‑245.)
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(820 ILCS 225/1) (from Ch. 48, par. 137.1)
Sec. 1.
The Department of Labor shall administer this Act.
(Source: P.A. 87‑245.)
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(820 ILCS 225/3) (from Ch. 48, par. 137.3)
Sec. 3.
(a) It shall be the duty of every employer under this Act to provide
reasonable protection to the lives, health and safety and to furnish to
each of his employees employment and a place of employment which are free
from recognized hazards that are causing or are likely to cause death or
serious physical harm to his employees.
(b) It shall be the duty of each employer under this Act to comply with
occupational health and safety standards promulgated under this Act.
(c) It shall be the duty of every employer to keep his employees
informed of their protections and obligations under this Act, including the
provisions of applicable standards.
(d) It shall be the duty of every employer to furnish its employees with
information regarding hazards in the work‑place, including information
about suitable precautions, relevant symptoms and emergency treatment.
(e) It shall be the duty of every employee to comply with such rules as
are promulgated from time to time by the Director pursuant to
this Act, which are applicable to his own actions and conduct.
(f) The Director shall, from time to time, make, promulgate
and publish such reasonable rules as will effectuate such purposes. Such
rules shall be clear, plain and intelligible as to those affected thereby
and that which is required of them, and each such rule shall be, by its
terms, uniform and general in its application wherever the subject matter
of such rule shall exist in any business, occupation or enterprise having
employees, and which rules, when applicable to products which are
distributed or used in interstate commerce, are required by compelling
local conditions and do not unduly burden interstate commerce.
(Source: P.A. 87‑245.)
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(b) All federal occupational safety and health standards which the United
States Secretary of Labor shall hereafter promulgate, modify or revoke
in accordance with the Federal Occupational Safety and Health Act of
1970 shall become the rules of the Department 6 months after
their federal effective date, unless there shall have been in effect in
this State at the time of the promulgation, modification or revocation
of such rule an alternate State rule at least as effective in providing
safe and healthful employment and places of employment as a federal
standard. However, such rule shall not become effective until the
following requirements have been met:
(1) The Department shall within 45 days after the | ||
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(2) In the event of the Department's failure to file | ||
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(c) The Director of Labor may promulgate emergency temporary standards or rules to take effect immediately by filing such rule or rules with the Illinois Secretary of State providing that the Director of Labor shall first expressly determine: (1) that the employees are exposed to grave danger | ||
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(2) that such emergency standard is necessary to | ||
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The Director of Labor shall adopt emergency temporary standards promulgated by the federal Occupational Safety and Health Administration within 30 days of federal notice.
Such temporary emergency standards shall be effective until superseded by a permanent standard but in no event for more than 6 months from the date of its publication.
The publication of such temporary emergency standards shall be deemed to be a petition to the Director of Labor for the promulgation of a permanent standard and shall be deemed to be filed with the Director of Labor on the date of its publication and the proceeding for the permanent promulgation of the rule shall be pursued in accordance with the provisions of this Act. (d)(1) Any standard promulgated under this Act shall prescribe the use of labels or other appropriate forms of warning as are necessary to ensure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure. (2) Where appropriate, such standard shall also prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals, and in such manner as may be necessary for the protection of employees. (3) In addition, where appropriate, any such standard shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at the employer's cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. The results of such examinations or tests shall be furnished by the employer only to the Department of Labor, or at the direction of the Department to authorized medical personnel and at the request of the employee to the employee's physician. (4) The Director of Labor, in promulgating standards dealing with toxic materials or harmful physical agents under this subsection, shall set the standard which most adequately ensures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of the employee's working life. (5) Development of standards under this subsection shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired.
(Source: P.A. 94‑477, eff. 1‑1‑06.) |
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(A) that he is unable to comply with a standard | ||
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(B) that he is taking all available steps to | ||
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(C) that he has an effective program for coming | ||
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Any temporary order issued under this Section shall | ||
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(2) Such a temporary order may be granted only after | ||
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(3) In the event the application is contested or a | ||
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(4) No order for a temporary variance may be in | ||
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(5) An application for a temporary order as herein | ||
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(A) a specification of the standard or portion | ||
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(B) a representation by the employer, supported | ||
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(C) a statement of the steps he has taken and | ||
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(D) a statement of when he expects to be able to | ||
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(E) a certification that he has informed his | ||
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A description of how employees have been informed | ||
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(6) The Director of Labor is authorized to grant a | ||
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(c) Any affected employer may apply to the Director of Labor for
a rule or order for a permanent variance from a
standard promulgated under this Act. Affected employees shall be given
notice of each such application and an opportunity to participate in a
hearing. The Director of Labor shall issue such rule or order if he
determines on the record, after opportunity for an inspection where
appropriate and a hearing, that the proponent of the variance has
demonstrated by a preponderance of the evidence that the conditions,
practices, means, methods, operations or processes used or proposed to
be used by an employer will provide employment and places of employment
to his employees which are as safe and healthful as those which would
prevail if he complied with the standard. The rule or order so issued
shall prescribe the conditions the employer must maintain, and the
practices, means, methods, operations, and processes which he must adopt
and utilize to the extent they differ from the standard in question.
Such a rule or order may be modified or revoked upon application by an
employer, employees, or
the Director of Labor
on his own motion, in the manner prescribed for its issuance under this
Section at any time after 6 months from its issuance.
(Source: P.A. 94‑477, eff. 1‑1‑06.) |
(820 ILCS 225/5) (from Ch. 48, par. 137.5)
Sec. 5.
Such rules of the Director of Labor shall have the force and
effect of law.
(Source: P.A. 87‑245.)
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(820 ILCS 225/5.1) (from Ch. 48, par. 137.5‑1)
Sec. 5.1.
Exemption from civil liability for providing emergency medical
or first aid care. Exemption from civil liability for emergency medical or
first aid care is as provided in the Good Samaritan Act.
(Source: P.A. 89‑607, eff. 1‑1‑97.)
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(820 ILCS 225/7) (from Ch. 48, par. 137.7)
Sec. 7.
The Director of Labor may, on his own initiative, or upon
written petition, make, modify or repeal any rule or rules as provided in
this Act, conforming with the procedure prescribed in this Act.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.01) (from Ch. 48, par. 137.7‑01)
Sec. 7.01.
If the Director of Labor resolves to institute such
proceedings on his own initiative, he shall promulgate a rule stating in
simple terms the subject matter and purpose of such hearing, and shall
place such rule on file, and the matter shall proceed to hearing and
disposition upon such rule as hereinafter provided.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.02) (from Ch. 48, par. 137.7‑02)
Sec. 7.02.
Every petition for hearing upon rules filed with the
Director of Labor shall state, in simple terms, the subject matter and
purpose for which such hearing is requested. Such petition shall be signed
by 5 employees or 5 employers, or by a majority of employers, in a
specified industry. When such a petition is filed, the matter shall proceed
to hearing and disposition upon such petition as hereinafter provided.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.03) (from Ch. 48, par. 137.7‑03)
Sec. 7.03.
The Director of Labor may, on his own motion, or the motion
of any interested party, consolidate for joint hearing and joint
disposition, any number of pending rules and petitions on related
subject matters, but the provisions of this Act as to notice of hearing
shall be complied with as to each petition or rule so consolidated.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.04) (from Ch. 48, par. 137.7‑04)
Sec. 7.04.
When the Director of Labor on his own initiative determines
to consider any rule or rules, or when such a petition is filed, the
Director shall set a date for a public hearing on such cause, not less
than 30 nor more than 90 days after the date of the promulgation of the
rule by the Director of his intention to proceed on his own
initiative, or after the filing of a petition, as the case may be.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.05) (from Ch. 48, par. 137.7‑05)
Sec. 7.05.
Notice of such hearing shall be given at least 30 days prior to
the date of the hearing by publication in a newspaper of general
circulation within the county in which the hearing is to be held, and by
mailing notice thereof to any employer, and to any association of employers
and to any association of employees who have filed with the Director of
Labor their names and addresses, requesting notice of such hearings,
and stating the particular industry or industries concerning which they
desire such notice. The notice of hearing shall state the time, place and
subject matter of the hearing.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.06) (from Ch. 48, par. 137.7‑06)
Sec. 7.06.
Hearings shall be held in places reasonably
convenient to the persons affected.
At any such hearing, any interested party may submit
any evidence pertinent to the subject matter of the
hearing.
The Director of Labor or his designee may administer oaths
in connection with any proceeding under this Act.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.07) (from Ch. 48, par. 137.7‑07)
Sec. 7.07.
Upon the conclusion of the hearing, the Director of Labor
shall enter in writing, his decision upon the subject matter of such
hearing. Copies of the decision shall be mailed to interested parties whose
names are on file with the Director of Labor, as hereinbefore provided, and
a certified copy thereof shall be filed in the office of the Secretary of
State at Springfield.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.08) (from Ch. 48, par. 137.7‑08)
Sec. 7.08.
Within 30 days after the entry of a decision, rule or rules
by the Director of Labor, the Director may correct, modify or vacate
such decision, rule or rules on his own motion, or upon written objection.
Within such 30 days, any person affected thereby may object in writing to
the decision, rule or rules entered by the Director of Labor, stating
the specific grounds of his objection. The Director of Labor, in his
discretion, may or may not act upon said objection.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.09) (from Ch. 48, par. 137.7‑09)
Sec. 7.09.
Any person affected thereby, whether or not such person
participated in the previous proceedings, may within 90 days after a
decision, rule or rules is entered by the Director of Labor, file a
praecipe for a writ of certiorari in the circuit court of the county in
which the subject matter of the hearing is situated, or, if the subject
matter is situated in more than one county, then in any one of such
counties for the purpose of having the reasonableness or lawfulness of the
decision, rule or rules reviewed.
Upon filing of such praecipe, writ of certiorari shall issue directed to
the Director of Labor, returnable on a designated return date not less
than 10 nor more than 60 days from the issuance thereof.
The person or the parties filing the praecipe for writ of certiorari, or
other interested parties, shall, on or before the return date as fixed,
file in the office of the clerk of the court out of which said writ issued,
specific grounds of objection to the particular decision, rule or rules
sought to be reviewed.
Service of such writ of certiorari shall be had by serving a copy upon
the Director of Labor.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.10) (from Ch. 48, par. 137.7‑10)
Sec. 7.10.
The Director of Labor shall certify the record of the
proceedings to the court. For the purpose of a writ of certiorari, the
record of the Director of Labor shall consist of a transcript of all
testimony taken at the hearing, together with all exhibits, or copies
thereof, introduced in evidence, and all information secured by the
Director of Labor on his own initiative which was introduced in evidence at
the hearing; a copy of the rule or petition filed with the Director of
Labor which initiated the investigation, and a copy of the decision filed
in the cause, together with all objections filed with the Director of Labor,
if any.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.11) (from Ch. 48, par. 137.7‑11)
Sec. 7.11.
On such certiorari proceedings, the court may confirm or reverse
the decision as a whole, or may reverse and remand the decision as a whole,
or may confirm any of the rules contained in such decision, and reverse or
reverse and remand with respect to other rules in said decision. The order
of the court shall be a final and appealable order except as to such
portion of the decision of the commission, or as to such rule or rules
therein as may be remanded by the court.
The purpose of any such remanding order shall be for the further
consideration of the subject matter of the particular decision, rule or
rules remanded.
(Source: Laws 1967, p. 3855.)
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(820 ILCS 225/7.12) (from Ch. 48, par. 137.7‑12)
Sec. 7.12.
No new or additional evidence may be introduced in the
court in such proceeding but the cause shall be heard on the record of
the Director of Labor as certified by him. The court shall review all
questions of law and fact presented by such record, and shall review
questions of fact in the same manner as questions of fact are reviewed
by the court on certiorari proceedings under the Workers' Compensation Act.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.13) (from Ch. 48, par. 137.7‑13)
Sec. 7.13.
The court first acquiring jurisdiction by virtue of the filing
of a praecipe for writ of certiorari seeking to review any decision, rule
or rules of the Director of Labor, shall have and retain jurisdiction
of such review and of all other reviews from the same decision, rule or
rules until such review is disposed of in said court.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.14) (from Ch. 48, par. 137.7‑14)
Sec. 7.14.
Any person who subsequently, and within the time herein
provided, has filed praecipe for writ of certiorari, may intervene in said
original cause in whatever county it may be pending by making a proper
showing.
(Source: Laws 1967, p. 3855 .)
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(820 ILCS 225/7.15) (from Ch. 48, par. 137.7‑15)
Sec. 7.15.
The Director of Labor, in making return to any writ of
certiorari where praecipe is filed subsequent to the first praecipe
involving the same subject matter, shall file as his return, a statement
that the record has theretofore been filed, or is about to be filed, in
response to the first praecipe theretofore filed.
At the time of making such subsequent return, the Director of Labor
shall mail to the attorneys whose names appear on the writ as attorneys for
the petitioner therein, a true copy of such return filed with the court,
which return shall state the county in which the first praecipe has been
filed, the title and number of the case, and the return date of the first
writ of certiorari. Any party filing such subsequent praecipe for writ of
certiorari may intervene in the original proceeding or shall be foreclosed
by the decision thereon.
Such intervenor shall be a party to the proceeding to the same extent as
the party who had filed the first praecipe, and may raise any additional
question with respect to the subject matter by filing his specific
objections in the court within such time as the court may direct.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.16) (from Ch. 48, par. 137.7‑16)
Sec. 7.16.
Appeals from all final orders and judgments entered by the
court in review of the decision, rule or rules of the Director of Labor,
may be taken as appeals in other civil cases.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.17) (from Ch. 48, par. 137.7‑17)
Sec. 7.17.
Any proceeding in any court affecting a decision, rule or
rules of the Director of Labor, shall have priority in hearing and
determination over all other civil proceedings except election contests.
(Source: P.A. 87‑245.)
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(820 ILCS 225/7.18) (from Ch. 48, par. 137.7‑18)
Sec. 7.18.
In all reviews or appeals under this Act, it is the duty of
the Attorney General to represent the Director and defend his decisions
and rules.
(Source: P.A. 87‑245.)
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(820 ILCS 225/8) (from Ch. 48, par. 137.8)
Sec. 8.
The Director shall, in his decision, rule or rules, fix the
effective date thereof; provided, no such decision, rule or rules shall
become effective until 90 days after the entry thereof by the Director,
nor shall any such decision, rule or rules become effective
during the pendency of any proceedings for review or appeal thereof
instituted pursuant to the provisions of this Act in which case such
decision, rule or rules shall not become effective until such review or
appeal, including appeal to the Supreme Court, if any, has been disposed of
by final order and the mandate shall have been filed with the Director,
and until a period of time has elapsed after the filing of such
mandate equal to the period of time between the date of the entry of such
decision, rule or rules by the Director and the effective date
as originally fixed by the Director.
(Source: P. A. 87‑245.)
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(820 ILCS 225/9) (from Ch. 48, par. 137.9)
Sec. 9.
The Director of Labor shall make and publish rules as to his
practice and procedure in carrying out the duties imposed upon the
Department of Labor by this Act, which rules shall be deemed prima facie,
reasonable and valid.
(Source: P.A. 87‑245.)
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(820 ILCS 225/10) (from Ch. 48, par. 137.10)
Sec. 10.
The owner, operator, manager or lessee of any place affected by
the provisions of this Act and his agent, superintendent, subordinate or
employee, and any employer affected by such provisions, shall, when
requested by the Director of Labor or his duly authorized agent, furnish
any information in his possession or under his control, which the Director
of Labor is authorized to require; shall answer truthfully all questions
required to be put to him; shall admit the Director of Labor or his duly
authorized representative to any place of employment which is affected by
the provisions of this Act for the purpose of making inspection, and shall
cooperate in the making of a proper inspection.
(Source: P.A. 87‑245.)
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(820 ILCS 225/11) (from Ch. 48, par. 137.11)
Sec. 11.
The Director of Labor or his designee shall have 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.
(c) 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, or his designee, may, in his
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 or his designee, by an attachment proceedings, as for
contempt, in the same manner as the production of evidence may be compelled
before the court.
(Source: P.A. 87‑245.)
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(820 ILCS 225/12) (from Ch. 48, par. 137.12)
Sec. 12.
The Director of Labor shall make an annual report of his
work under the provisions of this Act to the Governor on or before the
first day of February of each year; and a biennial report to the
Legislature on or before the first day of February of each odd‑numbered
year.
(Source: P.A. 87‑245.)
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(820 ILCS 225/13) (from Ch. 48, par. 137.13)
Sec. 13.
All notices, orders, decisions, rules and other official action
shall be in the name of the Director of Labor.
(Source: P.A. 87‑245.)
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(820 ILCS 225/14) (from Ch. 48, par. 137.14)
Sec. 14.
The Director of Labor shall keep a full and complete record of
all proceedings had before him or any of his designees, and all testimony
shall be taken by a stenographer appointed by the Director.
The Director shall also keep records which will enable any employer,
employee or their agents, to determine all action taken by the Director
with respect to the subject matter in which such employer and employee
is interested. All such records shall be open to public inspection.
(Source: P.A. 87‑245.)
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(820 ILCS 225/15) (from Ch. 48, par. 137.15)
Sec. 15.
At least once each year, the Director of Labor shall publish,
in printed form, all of his rules made pursuant to Section 4 of this Act
which are in full force and effect at the time of such publication.
(Source: P.A. 87‑245.)
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(820 ILCS 225/16) (from Ch. 48, par. 137.16)
Sec. 16.
The record required to be furnished by the Director of Labor
as a return to the writ of certiorari shall be furnished by the Director
of Labor without cost. In any appeal from the decision of the circuit
court to the Supreme Court under this Act, the clerk of such circuit court
in making up the record for use in the Supreme Court, shall incorporate
therein the original transcript filed by the Director of Labor in such
circuit court as a return to writ of certiorari, in lieu of a copy thereof.
(Source: P.A. 87‑245.)
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(820 ILCS 225/17) (from Ch. 48, par. 137.17)
Sec. 17.
(a) It shall be the duty of the Department of Labor to enforce
the rules of the Director of Labor promulgated by virtue of this Act.
(b) Any employees or representatives of them who believe that a
violation of a safety or health standard exists that threatens physical
harm, or that an imminent danger exists, upon which the Department of Labor
has failed to issue a notice of violation or take another enforcement
action within a reasonable time after a complaint has been made to the
Department of Labor may request a hearing before the Director of Labor
by filing a written petition, setting forth the details and providing a
copy to the employer or his agent. The Attorney General or state's attorney
upon request of the Director of Labor shall prosecute any violation of any
law which probable cause shall be determined to exist after hearing on the
aforesaid petition.
(Source: P.A. 87‑245.)
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(820 ILCS 225/19) (from Ch. 48, par. 137.19)
Sec. 19.
This Act shall be known and may be cited as the "Health and Safety
Act."
(Source: Laws 1935‑36, Third Sp.Sess., p. 33.)
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(820 ILCS 225/20) (from Ch. 48, par. 137.20)
Sec. 20.
"An Act to provide for the health, safety and comfort of
employees in factories, mercantile establishments, mills and workshops in
this State, and to provide for the enforcement thereof, and to repeal an
Act entitled, 'An Act to provide for the health, safety and comfort of
employees in factories, mercantile establishments, mills and workshops in
this State, and to provide for the enforcement thereof,' approved June 4,
1909," approved June 29, 1915, as amended, is
repealed, such repeal to take effect March 1, 1938. If, however, the
Industrial Commission shall make any rules pursuant to Section 4 of this
Act, and it is designated in such rule that it is to replace any section
or part of the said Act, and such rule becomes effective prior to March 1,
1938, then such section or part of the said Act shall replace such
provision of the statute designated in such rule upon the effective date of
said rule of the Industrial Commission, and Section 4 of "An Act in
relation to employments creating poisonous fumes or dust in harmful
quantities, and to provide for the enforcement thereof," approved June 29,
1915, is repealed, such repeal to take effect
October 1, 1936; and "An Act providing for the reporting, compiling
and publishing of information concerning accidents to and deaths by
accidents of employes," approved May 24, 1907, is
repealed, such repeal to take effect upon the passage of this Act.
(Source: P.A. 84‑1438.)
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(820 ILCS 225/21) (from Ch. 48, par. 137.21)
Sec. 21.
No repeal of any act herein contained shall extinguish or in any
way affect any right of action thereunder, existing at the time this Act
takes effect.
(Source: Laws 1935‑36, Third Sp.Sess., p. 33.)
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(820 ILCS 225/22) (from Ch. 48, par. 137.22)
Sec. 22.
All information reported to or otherwise obtained by the
Director of Labor or his authorized representative in connection with any
inspection or proceeding under this Act or the Safety Inspection and
Education 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 Safety Inspection and Education 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.
Any person who shall violate the confidentiality of trade secrets is
guilty of a Class B misdemeanor.
(Source: P. A. 87‑245.)
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(820 ILCS 225/23) (from Ch. 48, par. 137.23)
Sec. 23.
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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