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| Public Act 099-0336 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Occupational Safety and Health Act is | ||||
amended by changing Sections 55 and 65 as follows: | ||||
(820 ILCS 219/55)
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Sec. 55. Rules generally. | ||||
(a) The Director, from time to time, shall promulgate rules | ||||
that clearly describe the persons to whom those rules apply and | ||||
that clearly describe the conduct that is required of those | ||||
persons. Each such rule shall, by its terms, be uniform and | ||||
general in its application wherever the subject matter of the | ||||
rule exists in any workplace having employees in the service of | ||||
a public employer. The rules may include rules that, when | ||||
applicable to products which are distributed or used in | ||||
interstate commerce, are required by compelling local | ||||
conditions and do not unduly burden interstate commerce. | ||||
(b) Any standards or rules promulgated by the Director | ||||
under the Safety Inspection and Education Act or the Health and | ||||
Safety Act that are in full force on the effective date of this | ||||
Act shall become the rules of the Department under this Act. | ||||
This Act does not affect the legality of any such rules in the | ||||
Illinois Administrative Code. | ||||
(c) Any proposed standards or rules filed with the | ||
Secretary of State by the Director under the Safety Inspection | ||
and Education Act or the Health and Safety Act that are pending | ||
in the rulemaking process on the effective date of this Act | ||
shall be deemed to have been filed by the Director under this | ||
Act. | ||
(d) As soon as practicable after the effective date of this | ||
Act, the Director shall revise and clarify the standards or | ||
rules described in subsections (b) and (c) as necessary to | ||
reflect the provisions of this Act. | ||
(e) The Director of Labor shall adopt such rules as he or | ||
she may deem necessary to implement the provisions of this Act, | ||
including, but not limited to, rules dealing with the | ||
inspection of an employer's establishment.
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(Source: P.A. 98-874, eff. 1-1-15.) | ||
(820 ILCS 219/65)
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Sec. 65. Periodic inspection of workplaces. | ||
(a) The Director shall enforce the occupational safety and | ||
health standards and rules promulgated under this Act and any | ||
occupational health and safety regulations relating to | ||
inspection of places of employment, and shall visit and | ||
inspect, as often as practicable, the places of employment | ||
covered by this Act.
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(b) The Director or his or her authorized representative, | ||
upon presenting appropriate credentials to a public employer's | ||
agent in charge, has the right to enter and inspect all places | ||
of employment covered by this Act as follows:
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(1) An inspector may 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 in order to | ||
enforce the occupational safety and health standards | ||
adopted under this Act.
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(2) If a public employer refuses entry to an inspector | ||
upon being presented with proper credentials or allows | ||
entry but then refuses to permit or hinders the inspection | ||
in any way, the inspector shall leave the premises and | ||
immediately report the refusal to authorized management | ||
within the Division. Authorized management shall notify | ||
the Director to initiate the compulsory legal process to | ||
obtain entry or obtain a warrant for entry, or both.
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(3) An inspector may inspect and investigate during | ||
regular working hours and at other reasonable times, and | ||
within reasonable limits and in a reasonable manner, any | ||
workplace described in paragraph (1) and all pertinent | ||
conditions, structures, machines, apparatus, devices, | ||
equipment, and materials therein, and to question | ||
privately the employer or any agent or employee of the | ||
employer.
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(4) The owner, operator, manager, or lessee of any | ||
workplace covered by this Act, and his or her agent or | ||
employee, and any employer affected by this Act shall, when | ||
requested by the Division of Occupational Safety and Health | ||
or any duly authorized agent of that Division: (i) furnish | ||
any information in his or her possession or under his or | ||
her control which the Department is authorized to require, | ||
(ii) answer truthfully all questions required to be put to | ||
him or her, and (iii) cooperate in the making of a proper | ||
inspection.
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(c) In making his or her inspection and investigations | ||
under this Act, the Director of Labor has the power to require | ||
the attendance and testimony of witnesses and the production of | ||
evidence under oath. | ||
(Source: P.A. 98-874, eff. 1-1-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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