2005 Illinois Code - Chapter 820 Employment 820 ILCS 240/ Industrial Home Work Act.
(820 ILCS 240/0.01) (from Ch. 48, par. 250.9)
Sec. 0.01.
Short title.
This Act may be cited as the
Industrial Home Work Act.
(Source: P.A. 86‑1324.)
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(820 ILCS 240/1) (from Ch. 48, par. 251)
Sec. 1.
Unless the context otherwise requires, the words and phrases herein
defined are used in this Act in the sense given them in the following
definitions:
(1) The phrase "industrial home work" means the processing in a home or
any part of a home of any article or articles, the material for which has
been furnished by an employer, except any article or articles which are
being processed solely for the consumption, wearing or use of persons
residing in the home where the work is performed.
(2) The phrase "to process" means to manufacture, finish, repair,
prepare, or handle, any material or objects in whole or in part.
(3) The word "employer" means any person who distributes materials or
objects, directly or indirectly to a home for the purpose of having such
materials or objects processed and thereafter returned to him; such
processed materials or objects not intended for his personal use or any
member of his family.
(4) The word "home" means any building or part of any building where a
person regularly resides.
(5) The phrase "industrial home worker" means a person employed in
industrial home work.
(6) The word "effective," when applied to a permit, certificate or
license means that the permit, certificate or license has not been revoked
or suspended, and is applicable to the industrial home work performed.
(7) The word "Department" means the Department of Labor.
(Source: Laws 1937, p. 552.)
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(820 ILCS 240/2) (from Ch. 48, par. 252)
Sec. 2.
The following kinds of industrial home work are hereby prohibited:
A. The processing of articles of food or drink.
B. The processing of drugs or poisons.
C. The processing and preparation of medical and surgical bandages and
dressings, sanitary napkins, and cotton batting.
D. The processing of fireworks, explosives and articles of similar
character.
E. The processing and preparation of toys and dolls.
F. The processing and preparation of tobacco.
G. The processing of metal springs.
H. The processing of any other article which is determined by the
Department, after notice and hearing as provided in Section 3.1, to be
injurious to the health or welfare of the industrial home workers in the
industry, or to the health or welfare of the public, or which renders
unduly difficult the maintenance or enforcement of labor standards
established by law or regulation for factory workers in the industry.
(Source: Laws 1953, p. 1880.)
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(820 ILCS 240/3) (from Ch. 48, par. 253)
Sec. 3.
The Department is charged with the duty of enforcing the provisions
of this Act, and may make, promulgate and enforce such reasonable rules
and regulations relating to the administration and enforcement of the
provisions of this Act as may be deemed expedient. The violation of any
rule or regulation so prescribed shall be punished by revocation or
suspension of any permit, certificate or license issued under this Act, all
such penalties to be imposed only after due notice and opportunity to be
heard.
While engaged in the enforcement of the provisions of this Act, the
agents and employees of the Department are empowered and authorized to
enter any home, house, dwelling, tenement, factory, shop or other building
and to examine all records, books and registers that may be required to be
kept by the provisions of this Act. In connection with such enforcement,
the Department may make an investigation of any industry which employs
industrial home workers in order to determine whether the conditions of
employment of industrial home workers in the industry are injurious to
their health and welfare or whether the conditions of employment of the
industrial home workers have the effect of rendering unduly difficult the
maintenance and enforcement of health and safety standards established by
law or regulation for factory workers in the industry.
(Source: Laws 1953, p. 1880.)
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(820 ILCS 240/3.1) (from Ch. 48, par. 253.1)
Sec. 3.1.
If, on the basis of information in its possession, with or without
an investigation, the Department shall find that industrial home work can
not be continued within an industry without injuring the health and welfare
of the industrial home workers within that industry, or the health and
welfare of the public, or without rendering unduly difficult the
maintenance or enforcement of health and safety standards established by
law or regulation for factory workers in that industry, the Department
shall by order declare such industrial home work unlawful and require all
employers in the industry to discontinue the furnishing within this State
of materials and articles for industrial home work, and no permit,
certificate or license theretofore issued in relation to such industrial
home work shall be valid.
Before making such order, the Department shall hold a public hearing or
hearings at which an opportunity to be heard shall be afforded to any
employer, or representative of employers, and any industrial home worker,
or representative of industrial home workers, and any other person having
an interest in the subject matter of the hearing. A public notice of each
hearing shall be given at least thirty (30) days before the hearing is held
in such manner as may be determined by the Department. The hearing or
hearings shall be in such place or places as the Department deems most
convenient to the affected employers and home workers.
If the Department determines to issue the order to discontinue
industrial home work it shall determine and fix the effective date thereof
which shall be not less than ninety (90) days after the date of its
promulgation. The order shall set forth the type or types of industrial
home work which are prohibited on and after its effective date.
Provided, that if the Department determines that the conditions upon
which the order was based are subject to correction by the employer or home
workers it shall permit the employer or home workers to correct the same
and to submit a petition for the vacation of the order. If the Department,
upon the basis of an investigation, determines that the conditions have
been corrected, it shall vacate the order of prohibition. The petition for
vacation shall be filed not later than 30 days prior to the effective date
of the order of prohibition and the Department shall make its investigation
and determination prior to said date. If after such vacation of an order
the Department, after an investigation, determines that there has been a
recurrence of any or all of the conditions upon which the order of
prohibition was based, it shall, after notice and hearing, enter an order
to discontinue industrial home work as herein provided, which order shall
be binding upon all employers and home workers engaged in the type of
industrial home work specified in the order.
(Source: P.A. 84‑1438.)
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(820 ILCS 240/4) (from Ch. 48, par. 254)
Sec. 4.
Before any premises may be used for the purposes of industrial home
work the owner of the said premises shall file with the Department, in the
prescribed form, an application for a Sanitary Permit for which no charge
shall be made; upon receiving such application, the Department shall make
an inspection of the premises to determine if the following conditions are
satisfied:
1. There shall be for each person employed not less than 40 square feet
of floor space and not less than 300 feet of cubic air space.
2. The ventilation of the workrooms of every kind and description shall
provide a supply of not less than 2,000 cubic feet of fresh outside air for
each person in each hour that such workroom is so occupied.
3. Every such workroom shall be heated during the winter months or at
such other times as such heating may be necessary to a temperature not less
than 70 F., and this temperature shall be maintained while such workroom is
occupied.
4. That no building or part thereof shall be used as a workroom when the
floors and walls of such building or part thereof are continuously damp or
when such building or part thereof is permeated by noxious gases or
exhalations, which may be detrimental to health.
5. No building or part thereof shall be used as a workroom unless
properly lighted during working hours, so that those working therein shall
not be subjected to eyestrain at any time during said working hours.
If the Department finds that such conditions are satisfied it shall
issue to said owner a permit, valid for one year unless sooner revoked or
suspended for cause, by the Department.
(Source: Laws 1937, p. 552.)
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(820 ILCS 240/5) (from Ch. 48, par. 255)
Sec. 5.
Any person desiring to perform any work or labor as an Industrial
Home Worker, in his own home, shall file with the Department, in the
prescribed form, an application for a certificate, for which no charge
shall be made. To every such applicant the Department shall issue an
Industrial Home Worker's certificate, valid only for work by the applicant
in his own home and for one year unless sooner revoked or suspended, for
cause, by the Department. No such certificate shall be issued if the
applicant has an infectious, contagious or communicable disease or is less
than sixteen (16) years of age.
(Source: Laws 1937, p. 552.)
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(820 ILCS 240/6) (from Ch. 48, par. 256)
Sec. 6.
Any person desiring to become an employer of one or more Industrial
Home Workers shall, whether or not he has a place of business in this
State, file with the Department, in the prescribed form an application for
an Employer's Permit. Such application shall be accompanied with a fee of
$200.00 for the original issuance of an employer's permit.
For each annual renewal of such permit, the employer or representative
contractor shall pay to the Director a fee of
(a) Fifty dollars, where at no time during the preceding calendar year
did the employer or representative contractor directly or indirectly have
business relations simultaneously with more than one hundred homeworkers;
(b) One hundred dollars, where at any time during the preceding calendar
year the employer or representative contractor directly or indirectly had
business relations simultaneously with more than one hundred but less than
three hundred home workers.
(c) Two hundred dollars, where at any time during the preceding calendar
year the employer or representative contractor directly or indirectly had
business relations simultaneously with three hundred or more home
workers.
Upon receiving the application accompanied by the proper fee the
Department shall issue to such applicant an Employer's Permit limited to a
specified industry or trade and valid for one year unless sooner revoked or
suspended for cause, by the Department.
No original or renewal fee shall be required of any employer with
respect to an industrial home worker who is a physically handicapped
person, nor shall any physically handicapped person be included in
computing the amount of any renewal fee. The term "physically handicapped
person", as used herein, means a person who has a Class 1A or Class 2
disability as defined in Section 4A of The Illinois Identification Card
Act. For purposes of this Section, an Illinois Disabled Person
Identification Card issued pursuant to The Illinois Identification Card Act
indicating that the person thereon named has a Class 1A or Class 2
disability shall be adequate documentation of such disability. In the
absence of an Illinois Disabled Person Identification Card, documentation
of such a disability shall be provided by certification made by either (1)
the Department or (2) a licensed physician and filed with and approved by
the Department.
(Source: P.A. 84‑1438.)
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(820 ILCS 240/7) (from Ch. 48, par. 257)
Sec. 7.
Every holder of a Sanitary Permit shall keep an accurate register
of all persons engaged in Industrial Home Work on his premises.
Every holder of an Employer's Permit shall, every six months, submit to
the Department a report consisting of the names and addresses of all
Industrial Home Workers whom he is employing.
(Source: P.A. 84‑1438.)
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(820 ILCS 240/8) (from Ch. 48, par. 258)
Sec. 8.
No person shall carry on Industrial Home Work in a home, other than
a resident therein.
No person shall engage in Industrial Home Work without first complying
with the provisions of this Act.
No person shall engage himself as an employer of Industrial Home Workers
without first complying with the provisions of this Act.
No employer shall at any time employ in Industrial Home Work a greater
number of workers than that prescribed in such Employer's Permit.
(Source: Laws 1937, p. 552.)
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(820 ILCS 240/9) (from Ch. 48, par. 259)
Sec. 9.
Any person who violates any of the provisions of this Act, or who
obstructs or interferes with any examination or investigation being made by
the Department shall be deemed guilty of a petty offense. Each day that
such violation continues shall be regarded as a separate and distinct
offense.
(Source: P. A. 77‑2436.)
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(820 ILCS 240/10) (from Ch. 48, par. 260)
Sec. 10.
"An Act to regulate the manufacture of clothing, wearing apparel
and other articles in this State, and to provide for the appointment of
State inspectors to enforce the same and to make an appropriation
therefor," approved June 17, 1893, as amended, is repealed.
(Source: Laws 1937, p. 552.)
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