Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 350 - HEALTH AND SAFETY › Subpart A - INSPECTIONS AND CITATIONS › Section 350.150 - Citations; Policy Regarding Employee Rescue Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Regional Enforcement Manager, on
				behalf of the Division Manager, shall review the inspection report of the
				Enforcement Inspector. If, on the basis of the report, the REM believes that
				the employer has violated a requirement of Section 20 of the Act, of any
				standard, rule or order promulgated pursuant to Section 20 of the Act, or of
				this Chapter, the REM shall, if appropriate, consult with the Chief Legal
				Counsel and issue to the employer a citation on behalf of the Division Manager.
				An appropriate citation shall be issued even if, after being informed of an
				alleged violation by the Inspector, the employer immediately abates, or
				initiates steps to abate, the alleged violation. Any citation shall be issued
				with reasonable promptness after completion or termination of the inspection.
				No citation may be issued under this Section after the expiration of 6 months
				following the occurrence of any alleged violation.
b) Any citation shall describe with
				particularity the nature of the alleged violation, including a reference to the
				provisions of the Act, standard, rule, regulation or order alleged to have been
				violated. Any citation shall also fix a reasonable time or times for the
				abatement of the alleged violation.
c) If a citation is issued for a violation
				alleged in a request for inspection under Section
				350.120(a)
				or a notification of violation under Section
				350.120(c),
				a copy of the citation shall also be sent to the employee or representative of
				employees who made the request or notification.
d) After an inspection, if the REM determines
				that a citation is not warranted with respect to a danger or violation alleged
				to exist in a request for inspection under Section
				350.120(a)
				or a notification of violation under Section
				350.120(c),
				the informal review procedures prescribed in Section
				350.130 shall be
				applicable. After considering all views presented, the Division Manager shall
				affirm the determination of the REM, order a re-inspection, or issue a citation
				if the Division Manager believes that the inspection disclosed a violation. The
				Division Manager shall furnish the complaining party and the employer with
				written notification of this determination and the reasons for the
				determination. The determination of the Division Manager shall be final and not
				subject to review.
e) Every
				citation shall state that the issuance of a citation does not constitute a
				finding that a violation of the Act has occurred unless there is a failure to
				contest as provided for in the Act or, if contested, unless the citation is
				affirmed by the Administrative Law Judge.
f) No citation may be issued to an employer
				because of a rescue activity undertaken by an employee of that employer with
				respect to an individual in imminent danger unless:
1) the employee is designated or assigned by
				the employer to have responsibility to perform or assist in rescue operations,
				and the employer fails to provide protection of the safety and health of the
				employee, including failing to provide appropriate training and rescue
				equipment;
2) the employee is
				directed by the employer to perform rescue activities in the course of carrying
				out the employee's job duties, and the employer fails to provide protection of
				the safety and health of the employee, including failing to provide appropriate
				training and rescue equipment; or
3) the employee:
A) is employed in a workplace that requires
				the employee to carry out duties that are directly related to a workplace
				operation where the likelihood of life-threatening accidents is foreseeable,
				such as a workplace operation where employees are located in confined spaces or
				trenches, handle hazardous waste, respond to emergency situations, perform
				excavations, or perform construction over water;
B) the employee has not been designated or
				assigned to perform or assist in rescue operations and voluntarily elects to
				rescue such an individual; and
C)
				the employer has failed to instruct employees not designated or assigned to
				perform or assist in rescue operations of the arrangements for rescue and not
				to attempt rescue, and to instruct employees of the hazards of attempting
				rescue without adequate training or equipment.