reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.180 - Posting of Citations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				receipt of any citation under the Act, the employer shall immediately post the
				citation, or a copy of the citation, unedited, at or near each place an alleged
				violation referred to in the citation occurred, except as provided in this
				subsection. When, because of the nature of the employer's operations, it is not
				practicable to post the citation at or near each place of alleged violation,
				the citation shall be posted, unedited, in a prominent place where it will be
				readily observable by all affected employees. For example, when employers are
				engaged in activities that are physically dispersed (see Section
				350.30(b))
				, the citation may be posted at the location to which employees report each
				day. When employees do not primarily work at or report to a single location,
				the citation may be posted at the location from which the employees operate to
				carry out their activities. The employer shall take steps to ensure that the
				citation is not altered, defaced or covered by other material.
b) Each citation, or a copy, shall remain
				posted until the violation has been abated, or for 3 working days, whichever is
				later. The filing by the employer of a notice of intention to contest under
				Section
				350.190
				shall not affect the posting responsibility under this Section unless and until
				the Administrative Law Judge issues a final order vacating the
				citation.
c) An employer to whom a
				citation has been issued may post a notice in the same location where the
				citation is posted indicating that the citation is being contested before an
				ALJ, the notice may explain the reasons for the contest. The employer may also
				indicate that specified steps have been taken to abate the violation.
d) Any employer failing to comply with the
				provisions of subsections (a) and (b) shall be subject to citation and penalty
				in accordance with 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 350.190 - Employer and Employee Contests before the Administrative Law Judges of the Hearings Division

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				employer to whom a citation or notice of proposed penalty has been issued may,
				under Section 100 of the Act, notify the Division Manager in writing that the
				employer intends to contest the citation or proposed penalty before an
				Administrative Law Judge. The notice of intention to contest shall be
				postmarked within 15 working days after receipt by the employer of the notice
				of proposed penalty. Every notice of intention to contest shall specify whether
				it is directed to the citation or to the proposed penalty, or both. The
				Division Manager shall immediately transmit the notice to the Chief ALJ in
				accordance with IDOL's Rules of Procedure in Administrative Hearings (56 Ill.
				Adm. Code 120).
b) Any employee or
				representative of employees of an employer to whom a citation has been issued
				may, under Section 95 of the Act, file a written notice with the Division
				Manager alleging that the period of time fixed in the citation for the
				abatement of the violation is unreasonable. The notice shall be postmarked
				within 15 working days after the receipt by the employer of the notice of
				proposed penalty or notice that no penalty is being proposed. The Division
				Manager shall immediately transmit the notice to the Chief ALJ in accordance
				with 56 Ill. Adm. Code 120.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.200 - Failure to Correct a Violation for which a Citation has been Issued

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an inspection
				discloses that an employer has failed to correct an alleged violation for which
				a citation has been issued within the period permitted for its correction, the
				Division Manager shall, if appropriate, consult with the Chief Legal Counsel
				and notify the employer by certified mail or by personal service by the
				Enforcement Inspector of that failure and of the penalty proposed to be
				assessed under Section 85 of the Act. The period for the correction of a
				violation for which a citation has been issued shall not begin to run until the
				entry of a final order of the Administrative Law Judge in the case of any
				review proceedings initiated by the employer in good faith and not solely for
				delay or avoidance of penalties.
b)
				Any employer receiving a notification of failure to correct a violation and of
				proposed additional penalty may, under Section 95 of the Act, notify the
				Division Manager in writing that the employer intends to contest the
				notification or proposed additional penalty before an ALJ. The notice of
				intention to contest shall be postmarked within 15 working days after the
				receipt by the employer of the notification of failure to correct a violation
				and of the proposed additional penalty. The Division Manager shall immediately
				transmit the notice to the Chief ALJ in accordance with 56 Ill. Adm. Code
				120.
c) Each notification of
				failure to correct a violation and of proposed additional penalty shall state
				that it is the final order of the ALJ and not subject to review by any court or
				agency unless, within 15 working days from the date of receipt of the
				notification, the employer notifies the Division Manager in writing that the
				employer intends to contest the notification or the proposed additional penalty
				before an ALJ.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.210 - Abatement Verification

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois OSHA inspections are intended to result in the
				  abatement of violations of the Act. This Section sets forth the procedures the
				  Division will use to ensure abatement. These procedures are tailored to the
				  nature of the violation and the employer's abatement actions.
a) Scope and Application
This Section applies to employers who receive a citation for
				  a violation of the Act.
b)
				Definitions
1) Abatement means action by an
				employer to comply with a cited standard or regulation or to eliminate a
				recognized hazard identified by the Division during an inspection.
2) Abatement date means:
A) For an uncontested citation item, the
				later of:
i) The date in the citation for
				abatement of the violation;
ii) The
				date approved by the Division or established in litigation as a result of a
				petition for modification of the abatement date (PMA); or
iii) The date established in a citation by an
				informal settlement agreement.
B) For a contested citation item for which
				the Administrative Law Judge has issued a final order affirming the violation,
				the later of:
i) The date identified in the
				final order for abatement; or
ii)
				The date computed by adding the period allowed in the citation for abatement to
				the final order date;
iii) The date
				established by a formal settlement agreement.
3) Affected employees means those employees
				who are exposed to the hazards identified as violations in a
				citation.
4) Final order date
				means:
A) For an uncontested citation item,
				the 15th working day after the employer's receipt of
				the citation;
B) For a contested
				citation item:
i) The
				30th calendar day after the date on which a decision
				or order of an ALJ has been docketed; or
ii) When review has been directed, the
				30th calendar day after the date on which the ALJ
				issues a or order disposing of all or pertinent parts of a case; or
iii) The date on which an appeals court
				issues a decision affirming the violation in a case in which a final order of
				an ALJ has been stayed.
5) Movable equipment means a hand-held or
				non-hand-held machine or device, powered or unpowered, that is used to do work
				and is moved within or between worksites.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.220 - Informal Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
At the request of an affected employer, employee or
				  representative of employees, the Division Manager or designee may hold an
				  informal conference for the purpose of discussing any issues raised by an
				  inspection, citation, notice of proposed penalty, or notice of intention to
				  contest. The settlement of any issue at the conference shall be subject to 56
				  Ill. Adm. Code 120. If the conference is requested by the employer, an affected
				  employee or their representative shall be afforded an opportunity to
				  participate, at the discretion of the Division Manager or designee. If the
				  conference is requested by an employee or representative of employees, the
				  employer shall be afforded an opportunity to participate, at the discretion of
				  the Division Manager or designee. Any party may be represented by counsel at
				  the conference. No conference or request for a conference shall operate as a
				  stay of any 15-working-day period for filing a notice of intention to contest
				  as prescribed in Section
				  350.190.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.260 - Recording Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic
				Requirement
Every public employer that is required by this Part to keep
				  records of fatalities, injuries and illnesses must record each fatality, injury
				  and illness that:
1) is
				work-related;
2) is a new case;
				and
3) meets one or more of the
				general recording criteria of Section
				350.290
				or the recording criteria applying to specific cases in Sections
				350.300
				through
				350.330.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.280 - Determination of New Cases

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Basic Requirement
An injury or illness is a new case if:
1) The employee has not previously
				experienced a recorded injury or illness of the same type that affects the same
				part of the body; or
2) The
				employee previously experienced a recorded injury or illness of the same type
				that affected the same part of the body but had recovered completely (all signs
				and symptoms had disappeared) from the previous injury or illness and an event
				or exposure in the work environment caused the signs or symptoms to
				reappear.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.290 - General Recording Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Basic Requirement
An injury or illness meets the general recording criteria,
				  and is, therefore recordable, if it results in any of the following: death,
				  days away from work, restricted work or transfer to another job, medical
				  treatment beyond first aid, or loss of consciousness. A case meets the general
				  recording criteria if it involves a significant injury or illness diagnosed by
				  a physician or other licensed health care professional, even if it does not
				  result in death, days away from work, restricted work or job transfer, medical
				  treatment beyond first aid, or loss of consciousness.
b) Implementation
1) Recording Required
A work-related injury or illness must be recorded if it
				  results in one or more of the following:
A) Death (see subsection (b)(2)).
B) Days away from work (see subsection
				(b)(3)).
C) Restricted work or
				transfer to another job (see subsection (b)(4)).
D) Medical treatment beyond first aid (see
				subsection (b)(5)).
E) Loss of
				consciousness (see subsection (b)(6)).
F) A significant injury or illness diagnosed
				by a physician or other licensed health care professional (see subsection
				(b)(7)).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.300 - Recording Criteria for Needlestick and Sharps Injuries

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic Requirement
Record all work-related needlestick injuries and cuts from
				  sharp objects that are contaminated with another person's blood or other
				  potentially infectious material (as defined by
				  29 CFR
				  1910.1030 ). Enter the case on the OSHA 300
				  Log as an injury. To protect the employee's privacy, do not enter the
				  employee's name on the OSHA 300 Log (see the requirements for privacy cases in
				  Section
				  350.340(b)(6) through
				  (b)(9) ).
b) Implementation
1) Other potentially infectious materials is
				defined in the Bloodborne Pathogens standard at
				29
				CFR1910.1030(b). These
				materials include:
A) Human bodily fluids,
				tissues and organs; and
B) Other
				materials infected with the HIV or hepatitis B virus, such as laboratory
				cultures or tissues from experimental animals.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.310 - Recording Criteria for Cases Involving Medical Removal under IDOL-Adopted OSHA Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic
				requirement
If an employee is medically removed under the medical
				  surveillance requirements of an OSHA standard, record the case on the OSHA Form
				  300.
b) Implementation
1) Enter each medical removal case on the
				OSHA Form 300 as either a case involving days away from work or a case
				involving restricted work activity, depending on how the employer decides to
				comply with the medical removal requirement. If the medical removal is the
				result of a chemical exposure, enter the case on the OSHA Form 300 by checking
				the poisoning column.
2) Some OSHA
				standards, such as the standards covering bloodborne pathogens and noise, do
				not have medical removal provisions. Many OSHA standards that cover specific
				chemical substances have medical removal provisions. These standards include,
				but are not limited to, lead, cadmium, methylene chloride, formaldehyde and
				benzene.
3) When the employer
				voluntarily removes the employee from exposure before the medical removal
				criteria in an OSHA standard are met, the case does not need to be recorded on
				the OSHA Form 300.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.330 - Recording Criteria for Work-Related Tuberculosis Cases

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic Requirement
If any employee has been occupationally exposed to anyone
				  with a known case of active tuberculosis (TB), and that employee subsequently
				  develops a TB infection, as evidenced by a positive skin test or diagnosis by a
				  physician or other licensed health care professional, record the case on the
				  OSHA 300 Log by checking the respiratory condition column.
b) Implementation
1) A positive TB skin test result obtained at
				a pre-employment physical does not need to be recorded because the employee was
				not occupationally exposed to a known case of active TB in the
				workplace.
2) If the employer
				obtains evidence that the case was not caused by occupational exposure, the
				employer may line-out or erase the case from the Log under the following
				circumstances:
A) The worker is living in a
				household with a person who has been diagnosed with active TB;
B) The Illinois Department of Public Health
				has identified the worker as a contact of an individual with a case of active
				TB unrelated to the workplace; or
C) A medical investigation shows that the
				employee's infection was caused by exposure to TB away from work or proves that
				the case was not related to the workplace TB exposure.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.350 - Multiple Establishments

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Basic Requirement
Keep a separate OSHA 300 Log for each establishment that is
				  expected to be in operation for one year or longer.
b) Implementation
1) Keep OSHA injury and illness records for
				short-term establishments (i.e., establishments that will exist for less than a
				year), but the employer does not have to keep a separate OSHA 300 Log for each
				such establishment. One OSHA 300 Log may be kept that covers all of the
				employees short-term establishments. Include the short-term establishments'
				recordable injuries and illnesses on an OSHA 300 Log that covers short-term
				establishments for individual company divisions or geographic
				regions.
2) Keep the records for an
				establishment at the employer's headquarters or other central location if the
				employer can:
A) Transmit information about
				the injuries and illnesses from the establishment to the central location
				within 7 calendar days after receiving information that a recordable injury or
				illness has occurred; and
B)
				Produce and send the records from the central location to the establishment
				within the time frames required by Sections
				350.390 and
				350.420
				when the employer is required to provide records to a government
				representative, employees, former employees or employee
				representatives.
3) Each
				employee must be linked to one of the employer's establishments for
				recordkeeping purposes. Record the injury and illness on the OSHA 300 Log of
				the injured or ill employee's establishment or on an OSHA 300 Log that covers
				that employee's short-term establishment.
4) When an employee of one of the employer's
				establishments is injured or becomes ill while visiting or working at another
				of the employer's establishments, or while working away from any of the
				employer's establishments the injury or illness must be recorded. If the injury
				or illness occurs at one of the employer's establishments, record the injury or
				illness on the OSHA 300 Log of the establishment at which the injury or illness
				occurred. If the employee is injured or becomes ill and is not at one of the
				employer's establishments, record the case on the OSHA 300 Log at the
				establishment at which the employee normally works.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.360 - Covered Employees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic
				Requirement
Record on the OSHA 300 Log the recordable injuries and
				  illnesses of all employees on the employer's payroll, whether they are labor,
				  executive, hourly, salary, part-time, seasonal or migrant workers. Record the
				  recordable injuries and illnesses that occur to employees who are not on the
				  employer's payroll if the employer supervises these employees on a day-to-day
				  basis.
b) Implementation
1) A self-employed person who is injured or
				becomes ill while doing work at an establishment is not covered by this
				Part.
2) Injury or illness to
				employees obtained from a temporary help service, employee leasing service or
				personnel supply service (the direct employer) must be recorded if the
				establishment employer supervises these employees on a day-to-day
				basis.
3) If a contractor's
				employee is under the day-to-day supervision of the contractor, the contractor
				is responsible for recording the injury or illness. If the employer in the
				establishment supervises the contractor employee's work on a day-to-day basis,
				that employer must record the injury or illness.
4) A direct employer or contractor does not
				also record the injuries or illnesses occurring to temporary, leased or
				contract employees supervised by the establishment employer on a day-to-day
				basis. The establishment employer and the direct employer or contractor should
				coordinate efforts to make sure that each injury and illness is recorded only
				once, either on the establishment employer's OSHA 300 Log (if the establishment
				employer provides day-to-day supervision) or on the direct employer's or
				contractor's OSHA 300 Log (if that entity provides day-to-day
				supervision).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.370 - Annual Summary

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic
				Requirements
At the end of each calendar year:
1) Review the OSHA Form 300 to verify that
				the entries are complete and accurate, and correct any deficiencies
				identified;
2) Create an annual
				summary of injuries and illnesses recorded on the OSHA Form 300;
3) Certify the summary;
4) Post the annual summary; and
5) File such report electronically if
				required by Section 350.375
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.375 - Electronic Submission of OSHA Form 300A

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic Requirement
1) Annual electronic submission of OSHA Form
				300A (Summary of Work-Related Injuries and Illnesses).
A) If the establishment had 250 or more
				employees at any time during the previous calendar year, then the establishment
				must electronically submit information from OSHA Form 300A (Summary of
				Work-Related Injuries and Illnesses) to Illinois OSHA or Illinois OSHA's
				designee. The establishment must submit the information once a year, no later
				than March 2nd of the year after the calendar year
				covered by the form (e.g., 2020 for the 2019 form).
B) If the establishment had 20 or more
				employees but fewer than 250 employees at any time during the previous calendar
				year, and the establishment is classified in an industry listed in Appendix B,
				then the establishment must electronically submit information from OSHA Form
				300A (Summary of Work-Related Injuries and Illnesses) to Illinois OSHA or
				Illinois OSHA's designee. The establishment must submit the information once a
				year, no later than March 2nd of the year after the
				calendar year covered by the form.
C) Upon notification by Illinois OSHA,
				additional establishments and/or industries may be subject to these reporting
				requirements and must electronically submit information to Illinois OSHA or
				Illinois OSHA's designee.
D)
				Establishments subject to these reporting requirements must provide the
				Employer Identification Number (EIN) used by the establishment.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.380 - Retention and Updating

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic
				Requirement
Save the OSHA 300 Log, the privacy case list (if one exists),
				  the annual summary, and the OSHA 301 Incident Report forms for 5 years
				  following the end of the calendar year that these records cover.
b) Implementation
1) During the storage period, update the
				stored OSHA 300 Logs to include newly discovered recordable injuries or
				illnesses and to show any changes that have occurred in the classification of
				previously recorded injuries and illnesses. If the description or outcome of a
				case changes, remove or line out the original entry and enter the new
				information.
2) The employer is not
				required to update the annual summary, but may do so if he or she
				wishes.
3) The employer is not
				required to update the OSHA 301 Incident Reports, but may do so if he or she
				wishes.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.390 - Employee Involvement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic
				Requirement
Employees and their representatives must be involved in the
				  recordkeeping system in several ways.
1) The employer must inform each employee of
				how to report an injury or illness to the employer.
2) The employer must provide limited access
				to its injury and illness records for its employees and their
				representatives.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.400 - Prohibition Against Discrimination

Current through Register Vol. 48, No. 28, July 12, 2024
Section 110 of the Act prohibits employers from
				  discriminating against an employee for reporting a work-related fatality,
				  injury or illness. That provision of the Act also protects the employee who
				  files a safety and health complaint, asks for access to the Subpart B records,
				  or otherwise exercises any right afforded by the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.405 - Variance from Recordkeeping Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Variance. If a public employer wishes to keep records in a
				  manner different from this Subpart B, the employer must submit a variance
				  petition in accordance with Section
				  350.500.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.410 - Reporting Fatalities, Hospitalizations, Amputations and Loss of Eye Incidents to the Illinois Department of Labor

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic Requirements
1) All public sector employers must report:
A) All work-related fatalities within 8
				hours; and
B) All work-related
				inpatient hospitalizations, all amputations, and all losses of an eye within 24
				hours.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.420 - Providing Records to Government Representatives

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic Requirement
When an authorized government representative asks for the
				  records kept under this Subpart B, the employer shall provide copies of the
				  records within 4 business hours.
b) Implementation Authorized representatives
				of the IDOL Director conducting an inspection or investigation under the Act
				have the right to obtain copies of injury and illness records.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart B - INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS › Section 350.430 - Requests from the Illinois Department of Public Health/Bureau of Labor Statistics for Data

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basic
				Requirement
If the Illinois Department of Public Health submits to the
				  employer a Survey of Occupational Injuries and Illnesses Form on behalf of the
				  Bureau of Labor Statistics, the employer shall promptly complete the form, and
				  return it following the instructions contained on the survey form.
b) Implementation
Each year, injury and illness survey forms are sent to
				  randomly selected employers and the Bureau of Labor Statistics uses that
				  information to publish statistics on occupational injuries and illnesses in the
				  United States. In any year, some employers will receive a survey form and
				  others will not. Employers do not have to send injury and illness data to the
				  Illinois Department of Public Health unless they receive a survey
				  form.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart C - FEDERAL STANDARDS › Section 350.500 - Petition for Variance from Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
The Director may grant a temporary or permanent
				  variance from any State occupational safety and health standard upon
				  application by a public employer
. (Sec. 40 of the Act) The petition
				  shall be filed by the employer as soon as practicable when the employer finds
				  that compliance is unable to be achieved. Any variance from State health and
				  safety standards may only have future effect.
b) The petition for a variance from a
				standard shall be granted if it meets the requirements of this Section and
				establishes:
1) The reasons for the employer's
				inability to achieve compliance by the required date, such as the
				unavailability of necessary professional or technical personnel or of materials
				and equipment, or because necessary construction or alteration of facilities
				cannot be completed by the effective date;
2) A description of interim steps being taken
				to safeguard the employees against the hazard during the period of
				noncompliance;
3) The details of an
				effective program for coming into compliance as quickly as practicable;
				and
4) A statement certifying that
				the employees have been notified of the petition and that a copy of the
				petition has been posted in a conspicuous location in the workplace for a
				period of at least 10 working days. This statement must summarize the
				application, specify where a copy may be examined, and describe how the
				employees were informed and their rights to petition the Director for a
				hearing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart D - CONSULTATION PROGRAM › Section 350.600 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois On-Site Safety and Health Consultation Program
				  will provide compliance assistance to small businesses and the public sector
				  establishments in Illinois. This program was established under the Cooperative
				  Agreement between Illinois and the federal Occupational Safety and Health
				  Administration (
				  29 USC
				  670(d) ), under which OSHA
				  will utilize state personnel to provide consultative services to employers. The
				  provisions for the Illinois On-Site Safety and Health Consultation Program
				  funded under Sections 21(d) and 23(g) of the federal Occupational Safety and
				  Health Act (
				  29 USC
				  672(g) ) are detailed in 29
				  CFR 1908.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart E - ADOPTION OF FEDERAL STANDARDS › Section 350.700 - Adoption of Federal Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) State Standards
				and Rulemaking. Section 25 of the Act outlines the Director's authority to
				promulgate, amend and revoke State standards. Any promulgation, amendment or
				revocation of State standards will be done in accordance with the Illinois
				Administrative Procedure Act [5 ILCS 100 ].
b) Incorporation of Federal Regulations
1) Pursuant to Section 25 of the Act, the
				Department hereby incorporates by reference designated federal occupational
				safety and health standards which the United States Secretary of Labor has
				promulgated or modified in accordance with the federal Occupational Safety and
				Health Act of 1970 (29
				U.S.C. 651) and that are in effect on January
				1, 2015, unless an alternate State standard has been adopted and is listed in
				subsection (c). These designated standards are located at 29 CFR 1904, 1908,
				1910, 1915, 1926 and 1977. All materials incorporated by this Section are
				incorporated as of the date specified and do not include any later amendments
				or editions.
2) Pursuant to Section
				25 of the Act, all amendments, after January 1, 2015, to the federal
				occupational safety and health standards in subsection (1)
shall become
				rules of the Department within 6 months after their federal promulgation
				date,
unless:
A) There is a current
				alternate State standard in effect; or
B) Within 45 calendar days of the federal
				promulgation date, the State files first notice with the Secretary of State to
				amend section (c) with an alternate State standard. (Sec. 25(b) of the
				Act)
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart E - ADOPTION OF FEDERAL STANDARDS › Appendix B - Annual Electronic Submission of OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) by Establishments With 20 or More Employees but Fewer Than 250 Employees in Designated Industries

Current through Register Vol. 48, No. 28, July 12, 2024
Reference: 350.375(a)(1)(B)
NAICS
Industry
237310
Road Maintenance/Construction
922160
Local Fire Protection
221310
Water Supply/Distribution
221320
Sewage Treatment
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 353 - WHISTLEBLOWER PROTECTION › Subpart A - GENERAL PROVISIONS › Section 353.100 - Purpose of this Part

Current through Register Vol. 48, No. 28, July 12, 2024
This Part implements Public Act 88-359, Section 5 (codified
				  at
				  820
				  ILCS 130/11b ), an amendment to the Prevailing Wage
				  Act [820 ILCS 130 ], that requires the Director of Labor (in a manner s/he
				  deems appropriate) to investigate the alleged discharge, discipline, or
				  discrimination against "whistleblowers" in violation of Section 11b(a) of the
				  Act, and to take affirmative action to remedy such conduct, including but not
				  limited to ordering the removal of any information contained in personnel files
				  and the rehiring or reinstatement of whistleblowers with
				  backpay.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 353 - WHISTLEBLOWER PROTECTION › Subpart A - GENERAL PROVISIONS › Section 353.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Prevailing Wage Act [820 ILCS 130 ].
"Application" means a signed and completed form (provided by
				  the Director of the Illinois Department of Labor) requesting the Director of
				  Labor to review a discharge, discipline or discrimination that allegedly
				  violates Section 11b(a) of the Act.
"Authorized representative of employees" means an individual
				  from a union or collective bargaining unit who exercises any rights afforded by
				  the Act on behalf of him/herself or a member of the union or collective
				  bargaining unit.
"Complainant" means an employee or an authorized
				  representative of employees who believes that s/he has been discharged,
				  disciplined, or discriminated against in violation of Section 11b(a) of the
				  Act, and has filed an application with the Director of the Illinois Department
				  of Labor.
"Day" means a calendar day.
"Department" means the Illinois Department of Labor.
"Director" means the Director of the Department or a duly
				  authorized representative.
"Employee" means a laborer, worker, and/or mechanic covered
				  by the Act.
"Party" means a Complainant or a Respondent.
"Person" means one or more individuals, partnerships,
				  associations, corporations, business trusts, legal representatives, or any
				  group of persons.
"Respondent" means any person who has allegedly violated
				  Section 11b(a) of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 353 - WHISTLEBLOWER PROTECTION › Subpart B - OBLIGATIONS AND PROHIBITED CONDUCT › Section 353.200 - Obligations and Prohibited Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall discharge, discipline, or in any other way
				  discriminate against, or cause to be discharged, disciplined, or discriminated
				  against, any employee or any authorized representative of employees by reason
				  of the fact that the employee or representative has filed, instituted, or
				  caused to be filed or instituted any proceeding under this Act, or has
				  testified or is about to testify in any proceeding resulting from the
				  administration or enforcement of this Act, or offers any evidence of any
				  violation of this Act. (Section 11b(a) of the Act)
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 353 - WHISTLEBLOWER PROTECTION › Subpart C - ADMINISTRATION AND ENFORCEMENT › Section 353.300 - Filing an Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				application may be filed by a Complainant, by his/her duly authorized
				representative, or by his/her attorney.
b) An application shall be filed with the
				Director at the Department's Chicago or Springfield office.
c) An application shall be filed within 30
				days after the alleged discharge, discipline, or discrimination
				occurred.
d) Filing requirements
				shall be construed to mean the Director's receipt of the application. The
				Complainant shall file his/her application by telephone facsimile, telegram,
				hand delivery, or next-day delivery service, or U.S. Mail. Proof that the
				filing was dispatched by the prescribed date shall be prima facie proof that
				the filing was timely received.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 353 - WHISTLEBLOWER PROTECTION › Subpart C - ADMINISTRATION AND ENFORCEMENT › Section 353.310 - Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of
				an application under this Part, the Director shall notify the Respondent of the
				existence of the application, and furnish the Respondent with a copy of the
				application to enable a reasonable response.
b) The Respondent's response must be filed
				with the Director at the Department's Chicago office within 10 days after
				notification.
c) The Director shall
				investigate and gather data concerning such case, and as part of the
				investigation may enter and inspect such places and records (and make copies
				thereof), may interview the Respondent and the Respondent's employees, and may
				require the production of any documentary or other evidence deemed necessary to
				determine whether prohibited conduct has occurred.
d) The Director may issue an administrative
				subpoena to compel the attendance of a witness and/or the production of
				documents upon his/her determination that the information to be produced by a
				subpoena is necessary and relevant to his/her investigation, and that the
				Director cannot obtain the information by any other reasonable means.
e) Investigations under this Part shall be
				conducted in a manner which protects the confidentiality of any person, other
				than the Complainant, who provides information on a confidential
				basis.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 353 - WHISTLEBLOWER PROTECTION › Subpart C - ADMINISTRATION AND ENFORCEMENT › Section 353.320 - Issuance of Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director
				shall make findings of fact, including whether a violation of Section 11b(a) of
				the Act occurred. The Director shall issue his/her findings in a decision by
				certified mail to the parties.
b)
				If the Director finds that a violation did not occur, s/he shall issue a
				decision denying the application. The decision shall advise the Complainant
				that the findings of fact shall become the final order of the Director denying
				the application unless, within 15 days of its receipt, the Complainant files a
				request for a hearing on the application with the Director at the Department's
				Chicago office.
c) If the Director
				finds that a violation has occurred, s/he shall issue a decision incorporating
				his/her findings and requiring the Respondent to take such affirmative action
				to remedy the conduct as the Director deems appropriate. The decision shall
				advise the Respondent that the findings of fact shall become the final order of
				the Director unless, within 15 days after its receipt, the Respondent files a
				request for a hearing on the application with the Director at the Department's
				Chicago office.
d) The Director
				may, in his/her discretion, make a determination of no finding. The parties and
				the Director shall be in joint agreement that such finding is appropriate to
				the investigation and may be made to promote the effective resolution of the
				review requested.
e) Filing
				requirements shall be construed to mean the Director's receipt of the request.
				The party requesting a hearing shall file by telephone facsimile, telegram,
				hand delivery, or next-day delivery service. Proof that the filing was
				dispatched by the prescribed date shall be prima facie proof that the filing
				was timely received.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 353 - WHISTLEBLOWER PROTECTION › Subpart C - ADMINISTRATION AND ENFORCEMENT › Section 353.330 - Request for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The request shall be prominently marked "REQUEST FOR HEARING"
				  on both the letter and the envelope. The request must set forth the reasons why
				  the party believes the Director misconstrued the evidence or misapplied the law
				  to the facts, and any newly discovered evidence which the party could not have
				  discovered during the Director's investigation. The party requesting a hearing
				  shall serve copies of the request on the opposing party on the same day and in
				  the same manner that the party files the request for the hearing with the
				  Director.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 353 - WHISTLEBLOWER PROTECTION › Subpart C - ADMINISTRATION AND ENFORCEMENT › Section 353.340 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of a properly filed "request for hearing", the
				  Director shall convene an administrative hearing pursuant to the provisions of
				  the Illinois Administrative Procedure Act [5 ILCS 100 ] and 56 Ill. Adm. Code
				  120.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 353 - WHISTLEBLOWER PROTECTION › Subpart C - ADMINISTRATION AND ENFORCEMENT › Section 353.350 - Judicial Review

Current through Register Vol. 48, No. 28, July 12, 2024
A final order issued by the Director under Section 11b of the
				  Act and this Part is subject to judicial review under the Administrative Review
				  Law [735 ILCS 5 /Art. 3].
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 360 - RIGHT TO PRIVACY IN THE WORKPLACE ACT › Subpart A - GENERAL PROVISIONS › Section 360.100 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
The Right to Privacy in the Workplace Act is designed to
				  prohibit employers from discharging or otherwise retaliating against employees
				  or prospective employees who use lawful products outside the workplace during
				  nonworking hours and to prohibit employers from making inquiries regarding
				  claims filed by prospective employees under the Worker's Compensation Act or
				  the Worker's Occupational Diseases Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 360 - RIGHT TO PRIVACY IN THE WORKPLACE ACT › Subpart A - GENERAL PROVISIONS › Section 360.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Act" means the
				Right to Privacy in the Workplace Act (Ill. Rev. Stat. 1991, ch. 48, pars. 2851
				et seq.).
b) "Department" means the
				Illinois Department of Labor, its director and his/her authorized
				representatives.
c) "Director"
				means the Director of the Illinois Department of Labor.
d) "Employer" includes any individual,
				partnership, association, corporation, business trust, enterprise or any person
				or group of persons for whom the employee is performing work with a reasonable
				expectation of compensation.
e)
				"Hearing Officer" means an individual authorized by the Department to determine
				the merits of individual claims alleging violations of the Act.
f) "Prospective employee" or "applicant for
				employment" means not only an individual applying for a job position, but also
				an individual to whom an offer of employment has been extended, but who has not
				yet begun working for the employer.
g) "Lawful Products" shall include, but shall
				not be limited to, all tobacco products, all alcoholic beverages, all food
				products, all over-the-counter drugs, and any drugs lawfully prescribed by the
				employee's own physician. Provided however, that any use or overconsumption of
				these lawful products that directly impairs the performance of the employee at
				the workplace shall not be protected under this Act.
h) "Workplace" is any location where work is
				performed for the benefit of the employer.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 360 - RIGHT TO PRIVACY IN THE WORKPLACE ACT › Subpart B - INVESTIGATION OF CLAIMS UNDER THE ACT › Section 360.120 - Filing of the Claim and the Employer's Response

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employee may file a complaint with the
				Department alleging a violation of the Act by filling out and signing the claim
				form provided by the Department and submitting the form and any supporting
				documentation. Complaints shall be filed within 180 days after termination or
				the complained of incident.
b)
				Complaints shall be reviewed to determine whether there is cause for
				investigation.
c) When appropriate,
				the Department will notify the employer of the existence of the claim, and will
				include sufficient details of the complaint to enable a reasonable
				response.
d) The employer's
				response must be filed with the Department within 10 days after
				notification.
e) Upon receipt of an
				employer's response disputing the claim, the Department may, when appropriate,
				send a copy of the employer's response to the claimant.
f) If the employee disagrees with the
				employer's response, he/she must submit a response to the Department within 10
				days stating his/her reasons for the disagreement. If the employee fails to
				submit a response, the Department shall dismiss the claim.
g) If the employer fails to respond within
				the prescribed deadline, the Department shall review the information submitted
				by the employee in order to determine whether an investigative conference on
				the claim is warranted.
h) The
				Department may consider untimely submissions by either party upon written
				request by the party within a reasonable period of time, if there is a showing
				that the delay was occasioned by good cause beyond the party's
				control.