reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart A - INTERPRETATIONS › Section 325.30 - IDOL and IDHR Agency Relationship

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of accepting, investigating and referring
				  EPA Complaints filed with IDOL pursuant to this Part, IDHR shall be the agent
				  of IDOL and IDOL shall be the agent of IDHR.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart A - INTERPRETATIONS › Section 325.40 - Access to Investigation Records and Files

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requests for access to the investigation
				records and files must be submitted to each respective agency.
b) Any request for a copy of, or to inspect,
				a closed IDHR investigation record or file must be submitted to IDHR pursuant
				to either IDHR's 2 Ill. Adm. Code
				926.210
				or the Freedom of Information Act [5 ILCS 140 ].
c) Any request for a copy of, or to inspect,
				a closed IDOL investigative record or file must be submitted, in writing, to
				IDOL pursuant to the Freedom of Information Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart B - PROCESSING BY IDOL OF AN EPA REFERRED COMPLAINT › Section 325.100 - Criteria for Referral to IDHR

Current through Register Vol. 48, No. 28, July 12, 2024
IDOL may refer an EPA Complaint to IDHR pursuant to EPA
				  Section 15(d) if the EPA Complaint meets the following criteria:
a) The EPA Complaint alleges facts that, if
				proven, would also constitute a violation of the IHRA or if, during the
				investigation of the EPA Complaint by IDOL, IDOL discovers evidence of a
				violation of the IHRA;
b) The EPA
				Complaint was filed with IDOL within 180 days after the alleged
				violation;
c) The EPA Respondent
				has 15 or more employees, or is the State, a political subdivision of the
				State, or a municipal corporation or other governmental unit or agency;
				and
d) The EPA Complainant has
				indicated to IDOL a desire to also file an IDHR Charge of Discrimination or the
				EPA Complainant has already filed an IDHR Charge of Discrimination with
				IDHR.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart B - PROCESSING BY IDOL OF AN EPA REFERRED COMPLAINT › Section 325.110 - Intake of the EPA Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a) After
				receipt of the EPA Complaint, IDOL will review the EPA Complaint and determine
				whether the criteria for referral to IDHR set forth in Section
				325.100 of this Subpart
				has been satisfied.
b) If IDOL
				determines that the criteria for referral have not been satisfied, IDOL will
				process the EPA Complaint pursuant to IDOL's 56 Ill. Adm. Code 320.
c) If IDOL determines that the criteria for
				referral have been satisfied, IDOL will refer the EPA Complaint to IDHR
				pursuant to Section
				325.120.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart B - PROCESSING BY IDOL OF AN EPA REFERRED COMPLAINT › Section 325.120 - Referral of the EPA Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				After determining that the EPA Complaint meets the criteria for referral to
				IDHR, IDOL will submit a copy of the EPA Complaint, along with any supporting
				documentation received by IDOL, to IDHR at its Chicago Office.
b) Once the EPA Complaint has been referred
				to IDHR, IDHR becomes the State agency responsible for initially investigating
				the EPA Complaint, and the investigation will be conducted pursuant to IDHR
				rules and procedures.
c) IDOL will
				retain jurisdiction over the EPA Referred Complaint but will take no action on
				the EPA Referred Complaint until after IDHR completes its investigation and
				provides IDOL with its investigation report.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart B - PROCESSING BY IDOL OF AN EPA REFERRED COMPLAINT › Section 325.130 - Disclosure of the EPA Complainant's Identity

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in 56 Ill. Adm. Code 320 shall be deemed to restrict
				  IDOL from disclosing the identity of the EPA Complainant to IDHR or to require
				  IDHR to keep the EPA Complainant's identity confidential.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart B - PROCESSING BY IDOL OF AN EPA REFERRED COMPLAINT › Section 325.140 - EPA Complaints Returned by IDHR

Current through Register Vol. 48, No. 28, July 12, 2024
If IDHR does not accept the EPA Complaint and returns the EPA
				  Complaint to IDOL pursuant to Section 325.200(c), IDOL will process the EPA
				  Complaint pursuant to 56 Ill. Adm. Code 320.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart B - PROCESSING BY IDOL OF AN EPA REFERRED COMPLAINT › Section 325.150 - IDHR's Investigation Findings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of IDHR's investigation
				report, IDOL will review that report and any evidence obtained by IDHR to
				determine whether a violation of the EPA has occurred.
b) If IDOL determines that further
				investigation of the EPA Complaint is warranted, IDOL will conduct any further
				investigation it deems necessary.
c) If, after reviewing IDHR's investigation
				report and any other evidence obtained by IDHR or IDOL, IDOL determines that a
				violation of the EPA has occurred, IDOL will issue a reasonable cause
				determination pursuant to 56 Ill. Adm. Code
				320.330(a)(1).
d) If, after reviewing IDHR's investigation
				report and any other evidence obtained by IDHR or IDOL, IDOL determines that
				there is insufficient evidence that a violation of the EPA occurred, IDOL will
				issue a no reasonable cause determination pursuant to 56 Ill. Adm. Code
				320.330(a)(2).
e) In determining whether a violation of the
				EPA has occurred, IDOL is not bound by any findings of fact or law made by IDHR
				in its final determination of the IDHR Charge of Discrimination.
f) Neither IDHR nor the Illinois Human Rights
				Commission shall have the authority to review IDOL's findings as to the EPA
				Complaint.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart B - PROCESSING BY IDOL OF AN EPA REFERRED COMPLAINT › Section 325.160 - Withdrawal of the IDHR Charge of Discrimination

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an EPA Complainant withdraws the IDHR
				Charge of Discrimination prior to IDOL issuing a final determination as to the
				EPA Complaint, withdrawal of the IDHR Charge of Discrimination will also
				constitute a withdrawal of the EPA Complaint and IDOL will close the EPA
				Complaint.
b) IDOL will notify all
				parties in writing of the closure of the EPA Complaint after receipt of a
				notice of withdrawal from IDHR.
c)
				The closure of an EPA Complaint pursuant to this Subpart does not preclude IDOL
				from pursuing a complaint on its own motion based on the same facts.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart B - PROCESSING BY IDOL OF AN EPA REFERRED COMPLAINT › Section 325.170 - Settlement

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the parties
				settle the IDHR Charge of Discrimination prior to IDOL issuing a final
				determination, settlement of the IDHR Charge of Discrimination will also
				constitute a settlement of the EPA Complaint, and IDOL will close the EPA
				Complaint after receipt of a notice of the settlement from IDHR.
b) The closure of an EPA Complaint pursuant
				to this Section does not affect the processing of complaints alleging similar
				violations of the EPA made by other complainants.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart C - PROCESSING BY IDHR OF AN EPA REFERRED COMPLAINT › Section 325.200 - Receipt of an EPA Referred Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Upon receipt of the EPA Referred Complaint from IDOL, IDHR will docket the EPA
				Complaint as an unperfected charge of discrimination pursuant to IDHR's 56 Ill.
				Adm. Code
				2520.350. The
				filing date for the unperfected charge shall relate back to the filing date of
				the EPA Complaint with IDOL.
b)
				After receipt of the EPA Referred Complaint from IDOL, IDHR will review the EPA
				Complaint and determine whether the criteria for referral to IDHR set forth in
				Section
				325.100 have been
				satisfied.
c) If IDHR determines
				that the criteria for referral to IDHR have not been satisfied, IDHR will
				return the EPA Referred Complaint to IDOL and administratively close IDHR's
				case.
d) If IDHR determines that
				the criteria for referral to IDHR have been satisfied, IDHR will accept the EPA
				Referred Complaint.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart C - PROCESSING BY IDHR OF AN EPA REFERRED COMPLAINT › Section 325.210 - IDHR's Acceptance of the EPA Referred Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a) After IDHR accepts the EPA Referred
				Complaint from IDOL, IDHR will formalize an IDHR Charge of Discrimination for
				the EPA Complainant to sign and notarize, pursuant to IDHR's 56 Ill. Adm. Code
				2520.330.
b) If the EPA Complainant fails to sign and
				notarize the IDHR Charge of Discrimination or otherwise cooperate with IDHR,
				IDHR may dismiss the charge for the EPA Complainant's failure to
				cooperate.
c) Dismissal of the IDHR
				Charge of Discrimination for the EPA Complainant's failure to cooperate will
				also constitute a dismissal of the EPA Complaint.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart C - PROCESSING BY IDHR OF AN EPA REFERRED COMPLAINT › Section 325.220 - Notice of Referral

Current through Register Vol. 48, No. 28, July 12, 2024
a) After
				receipt of the formalized IDHR Charge of Discrimination, IDHR will notify the
				parties and IDOL of the filing of the EPA Referred Complaint and the IDHR
				Charge of Discrimination.
b) IDHR's
				Notice of Charge of Discrimination will include an IDOL Referral Notice from
				IDOL.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart C - PROCESSING BY IDHR OF AN EPA REFERRED COMPLAINT › Section 325.230 - Duplicate IDHR Charges of Discrimination

Current through Register Vol. 48, No. 28, July 12, 2024
a) If, prior to docketing the EPA Complaint,
				IDHR discovers that the EPA Complainant has already filed an IDHR Charge of
				Discrimination with IDHR alleging the same or similar facts as alleged in the
				EPA Complaint, IDHR will consolidate the EPA Complaint with the existing IDHR
				Charge of Discrimination and issue a notice to the parties pursuant to Section
				325.220.
b) If, after docketing the EPA Complaint,
				IDHR discovers that the EPA Complainant has filed an IDHR Charge of
				Discrimination separately with IDHR alleging the same or similar facts as
				alleged in the EPA Complaint, IDHR will administratively close the newly
				docketed IDHR Charge of Discrimination, consolidate the EPA Complaint with the
				existing IDHR Charge of Discrimination, and issue a notice to the parties
				pursuant to Section 325.220.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart C - PROCESSING BY IDHR OF AN EPA REFERRED COMPLAINT › Section 325.240 - IDHR Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) IDHR
				will conduct its investigation pursuant to IHRA Sections 7A-102(A) and (B)
				through (G) and its 56 Ill. Adm. Code 2520.
b) IDHR will determine whether there is
				substantial evidence of a violation of the IHRA as to the IDHR Charge of
				Discrimination. IDHR's findings will be processed according to IHRA Sections
				7A-102(D) through (G). IDHR's findings as to the IDHR Charge of Discrimination
				are not a finding on the EPA Complaint and shall not preclude IDOL from
				rendering any findings of fact or law it deems appropriate on the EPA Complaint
				under the EPA.
c) At least 10
				calendar days prior to issuance of IDHR's investigation report to the parties,
				IDHR will provide a copy of the report to IDOL. IDOL may review IDHR's
				investigation file and any other evidence obtained by IDHR or IDOL to assist
				IDOL in making its determination under the EPA.
d) IDOL shall not have the authority to
				review IDHR's findings as to the IDHR Charge of Discrimination.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart C - PROCESSING BY IDHR OF AN EPA REFERRED COMPLAINT › Section 325.250 - Withdrawal of the IDHR Charge of Discrimination

Current through Register Vol. 48, No. 28, July 12, 2024
a) An EPA Complainant may withdraw the IDHR
				Charge of Discrimination. In order to withdraw the IDHR Charge of
				Discrimination, the EPA Complainant must submit a signed withdrawal form
				identifying the parties' names and IDHR's charge number. The withdrawal form
				will notify the parties that withdrawal of the IDHR Charge of Discrimination
				will also serve as a withdrawal of the EPA Complaint, unless the IDOL has
				already issued its determination.
b) Upon receiving a properly submitted
				withdrawal form, IDHR will administratively close the IDHR Charge of
				Discrimination pursuant to 56 Ill. Adm. Code
				2520.550
				and provide notice of the withdrawal to IDOL.
c) Withdrawal of the IDHR Charge of
				Discrimination by the EPA Complainant will also serve as a withdrawal of the
				EPA Complaint, unless IDOL has already issued its determination.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 325 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES › Subpart C - PROCESSING BY IDHR OF AN EPA REFERRED COMPLAINT › Section 325.260 - Settlement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The parties may
				settle the IDHR Charge of Discrimination prior to IDHR issuing a final
				determination or prior to the filing of a complaint with the Illinois Human
				Rights Commission after a finding of substantial evidence.
b) If the parties settle the IDHR Charge of
				Discrimination prior to IDHR issuing a final determination, IDOL will close the
				EPA Complaint and provide notice of the settlement to IDOL.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 330 - USE OF ILLINOIS RESIDENT LABOR › Subpart A - GENERAL PROVISIONS › Section 330.100 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
It is the purpose of Article 80 of the FY2010 Budget
				  Implementation (capital) Act (PA 96-37) and this Part to ensure that at least
				  50% of the total labor hours on State construction projects funded by capital
				  infrastructure appropriations enacted by the 96th
				  General Assembly are performed by actual residents of the State of
				  Illinois.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 330 - USE OF ILLINOIS RESIDENT LABOR › Subpart A - GENERAL PROVISIONS › Section 330.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the FY2010 Budget Implementation (Capital) Act
				  (PA 96-37).
"Actual Residents of the State of Illinois" means persons
				  domiciled in the State of Illinois. [20 ILCS
				  605/605-390 ]
"Awarding Agencies" means the Department of Commerce and
				  Economic Opportunity, the Department of Natural Resources, the Department of
				  Transportation, the Capital Development Board and the Environmental Protection
				  Agency.
"Domiciled" means the place where an individual has his/her
				  permanent home or principle establishment to where, whenever he/she is absent,
				  he/she has the intention of returning.
"State Construction Project" means a construction project
				  that is funded in whole or in part by capital infrastructure appropriations
				  enacted by the 96th General Assembly.
"Resident Labor Requirement" means that, on State
				  construction projects, at least 50% of the total labor hours must be performed
				  by actual residents of the State of Illinois.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 330 - USE OF ILLINOIS RESIDENT LABOR › Subpart A - GENERAL PROVISIONS › Section 330.120 - Application of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
To the extent permitted by any applicable federal law or
				  regulation, any State construction project commenced on or after July 13, 2009
				  is covered under the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 330 - USE OF ILLINOIS RESIDENT LABOR › Subpart B - ENFORCEMENT › Section 330.200 - Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) For all State
				construction projects, it shall be the duty of the awarding agencies to include
				a provision in the contract, grant or other agreement between the parties
				requiring at least 50% of the labor hours to be performed by actual residents
				of the State of Illinois.
b) The
				awarding agencies shall diligently monitor and enforce the resident labor
				requirements for all State construction projects. All awardees/grantees shall
				collect documentation from project contractors reflecting the state of
				residence for each individual performing labor on a State construction project
				and the number of hours each individual has worked on the project. All
				awardees/grantees shall maintain these records for a period of 3 years (as
				directed by Section 20-65 of the Illinois Procurement Code [30 ILCS
				500/20-65 ], for example) or as required by any
				governing grant or State or federal funding source, following the completion of
				the project. The awardee/grantee shall make these records available to the
				awarding agency upon request.
c)
				Complaints concerning violations of the Act shall be filed with the awarding
				agencies.
d) The requirement that a
				contractor comply with the Act's 50% resident labor hours provision shall be
				provided for in the contract, grant or other agreement between the
				parties.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.20 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
The Act requires, in part, that all public employers covered
				  under the Act furnish to their employees employment and a place of employment
				  that are free from recognized hazards that are causing or are likely to cause
				  death or serious physical harm to the employees. The Act also requires that
				  public employers comply with occupational safety and health standards
				  promulgated under the Act, and that public employees comply with standards,
				  rules, regulations and orders issued under the Act that are applicable to their
				  own actions and conduct. The Act authorizes Illinois OSHA to conduct
				  inspections and to issue citations and proposed penalties for alleged
				  violations. The Act also contains provisions for adjudication of violations,
				  periods prescribed for the abatement of violations, and proposed penalties, if
				  contested by an employer or by an employee or authorized representative of
				  employees, and for judicial review. The purpose of this Subpart A is to
				  prescribe rules and regulations and to set forth general policies for dealing
				  with the inspection of an employer's establishment, enforcement of the
				  inspection, citation, and proposed penalty provisions of the
				  Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.30 - Posting of Notice; Availability of the Act, Regulations and Applicable Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Job
				Safety and Health Poster. Each employer shall post and keep posted a notice or
				notices, to be furnished by Illinois OSHA, informing employees of the
				protections and obligations provided for in the Act, and that, for assistance
				and information, including copies of the Act and of specific safety and health
				standards, employees should contact the employer or Illinois OSHA. The notice
				or notices shall be posted by the employer in each establishment (see
				subsection (b)) in a conspicuous place or places where notices to employees are
				customarily posted. Each employer shall take steps to ensure that the notices
				are not altered, defaced or covered by other material.
b) Establishment means a single physical
				location where business is conducted or where services or operations are
				performed. (For example: An office, warehouse or central administrative
				office.) When distinctly separate activities are performed at a single physical
				location, each activity shall be treated as a separate physical establishment,
				and a separate notice or notices shall be posted in each establishment, to the
				extent that the notices have been made available by the Illinois OSHA. When
				employers are engaged in activities that are physically dispersed, such as
				construction, transportation, and electric, gas and sanitary services, the
				notice or notices required by this Section shall be posted at the location to
				which employees report each day. When employees do not usually work at, or
				report to, a single establishment (such as technicians, engineers, etc.), the
				notice or notices shall be posted at the location from which the employees
				operate to carry out their activities. In all cases, the notice or notices
				shall be posted in accordance with the requirements of subsection
				(a).
c) Copies of the Act, all
				regulations published in this Chapter, and all applicable standards will be
				available at all Illinois OSHA offices and on the Division's website at
				OSHA.illinois.gov. If an employer has obtained copies of these materials, the
				employer shall make them available upon request to any employee or the
				employee's authorized representative for review in the establishment where the
				employee is employed on the same day the request is made, or at the earliest
				time mutually convenient to the employee or their authorized representative and
				the employer.
d) Any employer
				failing to comply with the provisions of this Section shall be subject to
				citation and penalty in accordance with the provisions of Sections 80 and 85 of
				the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.40 - Authority for Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Enforcement Inspectors are authorized to enter without delay and at reasonable
				times any establishment, construction site, or other area, workplace or
				environment where work is performed by an employee of a public employer; 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 in the place of employment; to question
				privately any employer, owner, operator, agent or employee; and to review
				records required by the Act, regulations and other records that are directly
				related to the purpose of the inspection.
b) Prior to inspecting areas containing
				information deemed classified by a State agency in the interest of national
				and/or State security, Inspectors shall have obtained the appropriate security
				clearance.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.50 - Objection to Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon a
				refusal to permit the Enforcement Inspector, in exercise of their official
				duties, to enter without delay and at reasonable times any place of employment
				or any area within the place of employment to inspect, to review records, or to
				question any employer, owner, operator, agent or employee in accordance with
				Section
				350.40, or upon a
				refusal to permit a representative of employees to accompany the Inspector
				during the physical inspection of any workplace, in accordance with Section
				350.90,
				the Inspector shall terminate the inspection or confine the inspection to other
				areas, conditions, structures, machines, apparatus, devices, equipment,
				materials, records or interviews concerning which no objection is raised. The
				Inspector shall endeavor to ascertain the reason for the refusal and shall
				immediately report the refusal and the reason for the refusal to the Regional
				Enforcement Manager. The REM shall consult with the Division Manager and Chief
				Legal Counsel, who shall take appropriate action, including compulsory process,
				if necessary.
b) Compulsory process
				shall be sought in advance of an attempted inspection or investigation if, in
				the judgment of the Division Manager and Chief Legal Counsel, circumstances
				exist that make the pre-inspection process desirable or necessary. Some
				examples of circumstances in which it may be desirable or necessary to seek
				compulsory process in advance of an attempt to inspect or investigate include,
				but are not limited to:
1) When the
				employer's past practice either implicitly or explicitly puts the Director on
				notice that a warrantless inspection will not be allowed;
2) When an inspection is scheduled far from
				the local office and procuring a warrant prior to leaving to conduct the
				inspection would avoid, in case of refusal of entry, the expenditure of
				significant time and resources to return to the office, obtain a warrant and
				return to the worksite;
3) When an
				inspection includes the use of special equipment or when the presence of an
				expert or experts is needed in order to properly conduct the inspection, and
				procuring a warrant prior to an attempt to inspect would alleviate the
				difficulties or costs encountered in coordinating the availability of the
				equipment or expert.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.60 - Entry Not a Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
Any permission to enter, inspect, review records, or question
				  any person shall not imply or be conditioned upon a waiver of any cause of
				  action, citation or penalty under the Act. Enforcement Inspectors are not
				  authorized to grant a waiver.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.70 - Advance Notice of Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Advance notice of inspections may not be given, except in the following
				situations:
1) In cases of apparent imminent
				danger, to enable the employer to abate the danger as quickly as
				possible;
2) In circumstances in
				which the inspection can most effectively be conducted after regular business
				hours or when special preparations are necessary for an inspection;
3) When necessary to assure the presence of
				representatives of the employer and employees or the appropriate personnel
				needed to aid in the inspection and in other circumstances in which the
				Division Manager determines that the giving of advance notice would enhance the
				probability of an effective and thorough inspection.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.80 - Conduct of Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subject
				to Section
				350.40, inspections
				shall take place at such times and in such places of employment as the Division
				Manager, Regional Enforcement Manager or the Inspector may direct. At the
				beginning of an inspection, Inspectors shall present their credentials to the
				owner, operator or agent in charge at the establishment; explain the nature and
				purpose of the inspection; and indicate generally the scope of the inspection
				and the records they wish to review. However, the designation of records shall
				not preclude access to additional records specified in Section
				350.40.
b) Inspectors shall have
				authority to take environmental samples and to take or obtain photographs
				related to the purpose of the inspection, employ other reasonable investigative
				techniques, and question privately any employer, owner, operator, agent or
				employee of an establishment. (See Section
				350.100,
				Trade Secrets.) As used in this subsection, "employ other reasonable
				investigative techniques" includes, but is not limited to, the use of devices
				to measure employee exposures and the attachment of personal sampling equipment
				such as dosimeters, pumps, badges and other similar devices by employees in
				order to monitor their exposures.
c) In taking photographs and samples,
				Inspectors shall take reasonable precautions to ensure that actions with flash,
				spark-producing or other equipment would not be hazardous. Inspectors shall
				comply with all employer safety and health rules and practices at the
				establishment being inspected, and shall wear and use appropriate protective
				clothing and equipment.
d)
				Inspections shall be conducted in a manner that avoids unreasonable disruption
				of the operations of the employer's establishment.
e) At the conclusion of an inspection, the
				Inspector shall confer with the employer or the employer's representative and
				informally advise the employer of any apparent safety or health violations
				disclosed by the inspection. During the conference, the employer shall be
				afforded an opportunity to bring to the attention of the Inspector any
				pertinent information regarding conditions in the workplace.
f) Inspections shall be conducted in
				accordance with this Part.
g) If
				needed in order to make a proper inspection, the Inspector may initiate the
				process to compel attendance and testimony of witnesses and the production of
				evidence under oath under the Director's authority.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.90 - Representatives of Employers and Employees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Enforcement Inspectors shall be in charge
				of inspections and questioning of persons. A representative of the employer and
				a representative authorized by the employees shall be given an opportunity to
				accompany the Inspector during the physical inspection of any workplace for the
				purpose of aiding the inspection. Inspectors may permit additional employer
				representatives and additional representatives authorized by employees to
				accompany them when they determine that additional representatives will further
				aid the inspection. A different employer and employee representative may
				accompany the Inspector during each different phase of an inspection if this
				will not interfere with the conduct of the inspection.
b) Inspectors shall have authority to resolve
				all disputes concerning the identity of the representative authorized by the
				employer and employees for the purpose of this Section. If there is no
				authorized representative of employees, or if the Inspector is unable to
				determine with reasonable certainty who is the representative, the Inspector
				shall consult with a reasonable number of employees concerning matters of
				safety and health in the workplace.
c) The representatives authorized by
				employees shall be employees of the employer. However, if, in the judgment of
				the Inspector, good cause has been shown why accompaniment by a third party who
				is not an employee of the employer (such as an industrial hygienist or a safety
				engineer) is reasonably necessary to the conduct of an effective and thorough
				physical inspection of the workplace, the third party may accompany the
				Inspector during the inspection.
d)
				Inspectors are authorized to deny the right of accompaniment under this Section
				to any person whose conduct interferes with a fair and orderly inspection. The
				right of accompaniment in areas containing trade secrets shall be subject to
				the provisions of Section
				350.100.
				With regard to information classified by an agency of State government in the
				interest of homeland security, only persons authorized to have access to the
				information may accompany an Inspector in areas containing the
				information.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.100 - Trade Secrets

Current through Register Vol. 48, No. 28, July 12, 2024
a)
All
				information reported to or otherwise obtained by the Director of Labor
				or
the Director's
representative in connection with any
				inspection or proceeding under
the
Act or any standard, rule,
				regulation, or order adopted or issued under the 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
the
Act or when relevant to any
				proceeding under
the
Act. In any such proceeding, the Director
				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
. (Sec. 125 of the Act)
b)
A person who discloses a trade
				secret in violation of
Section 125 of the Act and this Section commits
a Class B misdemeanor
. (Sec. 125 of the Act)
c) At the commencement of an inspection, the
				employer may identify areas in the establishment that contain or might reveal a
				trade secret. If the Enforcement Inspector has no clear reason to question the
				identification, information obtained in those areas, including all negatives
				and prints of photographs and environmental samples, shall be labeled
				"Confidential - Trade Secret" and shall not be disclosed.
d) Upon the request of an employer, any
				authorized representative of employees in an area containing trade secrets
				shall be an employee in that area or an employee authorized by the employer to
				enter that area. When there is no such representative or employee, the
				Inspector shall consult with a reasonable number of employees who work in that
				area concerning matters of safety and health.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.110 - Consultation with Employees

Current through Register Vol. 48, No. 28, July 12, 2024
Enforcement Inspectors may consult with employees concerning
				  matters of occupational safety and health to the extent they deem necessary for
				  the conduct of an effective and thorough inspection. During the course of an
				  inspection, any employee shall be afforded an opportunity to bring any
				  violation of the Act that the employee has reason to believe exists in the
				  workplace to the attention of the Inspector.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.120 - Complaints by Employees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				employee or representative of employees who believes that a violation of the
				Act exists in any workplace where the employee is employed may request an
				inspection of the workplace by giving notice of the alleged violation to the
				Division Manager, Regional Enforcement Manager or to an Enforcement Inspector.
				Notice shall be in writing, shall set forth with reasonable particularity the
				grounds for the notice, and shall be signed by the employee or representative
				of employees. A copy shall be provided to the employer or the employer's agent
				by the Inspector no later than at the time of inspection, except that, upon the
				request of the person giving the notice, that person's name and the names of
				individual employees referred to in the notice shall not appear in the copy or
				on any record published, released or made available by Illinois OSHA.
b) If, upon receipt of the notification
				required by subsection (a), the REM determines that the complaint meets the
				requirements set forth in subsection (a) and that there are reasonable grounds
				to believe that the alleged violation exists, the REM shall cause an inspection
				to be made as soon as practicable to determine if the alleged violation exists.
				Inspections under this Section shall not be limited to matters referred to in
				the complaint.
c) Prior to or
				during any inspection of a workplace, any employee or representative of
				employees employed in the workplace may notify the Inspector, in writing, of
				any violation of the Act that the employee or representative has reason to
				believe exists in the workplace. The notice shall comply with the requirements
				of subsection (a).
d)
A
				person may not discharge or in any way discriminate against an employee because
				the employee has
:
1)
filed a
				complaint or instituted or caused to be instituted any proceeding
				under
the
Act;
2)
testified or is about to testify
				in any such proceeding
under the Act
; or
3)
exercised
on
their
own behalf or on
				behalf of another person, any right afforded by the Act.
(Sec. 110 of
				the Act)
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.125 - Discrimination Prohibited Against Employees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic Requirement
Section 110 of the Act provides in general that no person
				  shall discharge or in any manner discriminate against any employee because the
				  employee has:
1) Filed any complaint
				under the Act or related to the Act;
2) Instituted or caused to be instituted any
				proceeding under the Act or related to the Act;
3) Testified or is about to testify in any
				proceeding under the Act or related to the Act; or
4) Exercised on the employee's own behalf or
				on behalf of another any right afforded by the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.130 - Inspection not Warranted; Informal Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Regional Enforcement Manager
				determines that an inspection is not warranted because there are no reasonable
				grounds to believe that a violation or danger exists with respect to a
				complaint under Section
				350.120, the REM
				shall notify the complaining party in writing of that determination. The
				complaining party may obtain review of the determination by submitting a
				written statement of position to the Division Manager and, at the same time,
				providing the employer with a copy of the statement by certified mail. The
				employer may submit an opposing written statement of position with the Division
				Manager and, at the same time, provide the complaining party with a copy of
				such statement by certified mail. Upon the request of the complaining party or
				the employer, the Division Manager has discretion to hold an informal
				conference in which the complaining party and the employer may orally present
				their views. After considering all written and oral views presented, the
				Division Manager shall affirm, modify or reverse the determination of the REM
				and furnish the complaining party and the employer written notification of this
				decision and the reasons for the decision. The decision of the Division Manager
				shall be final and not subject to further review.
b) If the REM determines that an inspection
				is not warranted because the requirements of Section
				350.120(a)
				have not been met, the REM shall notify the complaining party in writing of
				that determination. The determination shall be without prejudice to the filing
				of a new complaint meeting the requirements of Section
				350.120(a).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.140 - Imminent Danger

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever, and as soon as, an Enforcement Inspector concludes
				  on the basis of an inspection that conditions or practices exist in any place
				  of employment that could reasonably be expected to immediately cause death or
				  serious physical harm or before the imminence of the danger can be eliminated
				  through the enforcement procedures otherwise provided by the Act, the Inspector
				  shall inform the affected employees and employers of the danger and inform them
				  that the Inspector is recommending a civil action to restrain the conditions or
				  practices and for other appropriate relief in accordance with the provisions of
				  Section 115 of the Act. Appropriate citations and notices of proposed penalties
				  may be issued with respect to an imminent danger even though, after being
				  informed of the danger by the Inspector, the employer immediately eliminates
				  the imminence of the danger and initiates steps to abate the
				  danger.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.160 - Petitions for Modification of Abatement Date

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employer may file a petition for
				modification of an abatement date when he or she has made a good faith effort
				to comply with the abatement requirements of a citation, but the abatement has
				not been completed because of factors beyond his or her reasonable
				control.
b) A petition for
				modification of an abatement date shall be in writing and shall include the
				following information:
1) All steps taken by
				the employer, and the dates of the action, in an effort to achieve compliance
				during the prescribed abatement period.
2) The specific additional abatement time
				necessary to achieve compliance.
3)
				The reasons the additional time is necessary, including the unavailability of
				professional or technical personnel or of materials and equipment, or because
				necessary construction or alteration of facilities cannot be completed by the
				original abatement date.
4) All
				available interim steps being taken to safeguard the employees against the
				cited hazard during the abatement period.
5) A certification that a copy of the
				petition has been posted and, if appropriate, served on the authorized
				representative of affected employees, in accordance with subsection (c)(1) and
				a certification of the date upon which the posting and service was
				made.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.170 - Proposed Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) After,
				or concurrent with, the issuance of a citation, and within a reasonable time
				after the termination of the inspection, the Division Manager shall notify the
				employer by certified mail or by personal service by the Enforcement Inspector
				of the proposed penalty under Section 85 of the Act or that no penalty is being
				proposed. Any notice of proposed penalty shall state that the proposed penalty
				is the final order of the Director of Labor and not subject to review by any
				court or agency unless, within 15 working days from the date of receipt of the
				notice, the employer notifies the Division Manager in writing of the employer's
				intention to contest the citation or the notification of proposed penalty
				before an Administrative Law Judge.
b) The Division Manager shall determine the
				amount of any proposed penalty, giving due consideration to the appropriateness
				of the penalty with respect to the size of the business of the employer being
				charged, the gravity of the violation, the good faith of the employer, and the
				history of previous violations, in accordance with Section 85 of the
				Act.
c) Appropriate penalties may
				be proposed with respect to an alleged violation even though, after being
				informed of the alleged violation by the Inspector, the employer immediately
				abates, or initiates steps to abate, the alleged violation.