HB3762 104TH GENERAL ASSEMBLY

LRB104 12261 SPS 22373 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3762

Introduced 2/18/2025, by Rep. Edgar González, Jr.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Workplace Extreme Temperature Safety Act. Provides that the Director of Labor shall adopt rules to establish excessive heat and excessive cold standards. Sets forth temporary excessive heat and excessive cold standards. Provides that, on or before January 1, 2026, the Director shall establish by rule an occupational temperature-related illness and injury prevention plan. Sets forth provisions concerning retaliation; violations; penalties; and enforcement of the Act.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Workplace Extreme Temperature Safety Act.

Section 5. Findings. The General Assembly finds and declares:

(a) As the frequency of extreme weather events continues to grow, workers are at an increased risk of serious injury or death. Heat stress or cold stress can occur at temperatures as low as 40 degrees Fahrenheit or as high as 78 degrees Fahrenheit, depending on the working conditions. Unaddressed, heat stress and cold stress can cause a range of serious conditions, including stroke and death if not treated properly. Heat related injuries and fatalities may be underreported as heat stress exacerbates existing health problems like asthma, kidney failure, and heart disease, leading to potential comorbidities being reported. Workers in agriculture and construction are at the highest risk of weather-related injuries, but the problem affects all workers exposed to extreme temperatures, including indoor workers without adequately climate-controlled environments or appropriate personal protective equipment.

(b) From 1979 to 2022, more than 14,000 Americans have died directly from heat-related causes, according to the United States Environmental Protection Agency.

(c) In the absence of a temperature stress standard adopted by the Occupational Health and Safety Administration, the Department of Labor should adopt a heat stress standard for the protection of employees against temperature-related hazards, illness, and injury that effects employers and employees in this State in private and public employment.

Section 10. Definitions.

"Acclimatization" means the body's temporary adaptation to work in heat that occurs as a person is exposed to extreme temperature over a period of 7 to 14 days depending on the amount of recent work in excessive heat and the individual factors. "Acclimatization" may be lost after 7 consecutive days away from working in the heat.

"Cold-related illness" means a medical condition resulting from the body losing heat faster than it can produce heat creating a risk of severe injury, illness, or death.

"Cold stress" means the net load to which a worker is exposed from the combined contributions of metabolic heat, environmental factors, including temperature, wind chill, and moisture, and personal protective equipment worn that results in a loss of heat to the body, causing body temperature to drop.

"Director" means the Director of Labor, or the Director's designee.

"Department" means the Department of Labor.

"Engineering controls" means the use of devices to reduce exposure to extreme temperatures. "Engineering controls" includes fans, heating stations, misting stations, and air conditioning. "Engineering controls" does not include wearable items.

"Employ" means to suffer or to permit to work.

"Employee" means any individual employed by an employer.

"Employer" means any individual, partnership, association, corporation, and the State and any county and municipality, and school district, agency, authority, department, bureau, or instrumentality thereof, acting directly or indirectly in the interest of an employer in relation to an employee.

"Excessive cold" means levels of outdoor or indoor exposure to cold that exceed the capacities of the human body to maintain normal body functions.

"Heat-related illness" means a medical condition resulting from the inability of the body to manage excess heat, including heat rash, heat cramps, heat exhaustion, heat syncope, and heat stroke.

"Excessive heat" means levels of outdoor or indoor exposure to heat that exceed the capacities of the human body to maintain normal body functions.

"Heat stress" means the net load to which a worker is exposed from the combined contributions of metabolic heat, environmental factors, and clothing worn which result in an increase in heat storage in the body, causing body temperature to rise to sometimes dangerous levels.

"Occupation" means any occupation, service, trade, business, industry or branch or group of industries or employment or class of employment in which employees are employed.

"Occupational safety and health standard" means a rule that requires the following: a condition that is reasonably appropriate or necessary to make employment and places of employment safe and healthful; or the adoption or use of a means, method, operation, practice, or process that is reasonably appropriate or necessary to make employment and places of employment safe and healthful.

Section 15. Establishment of excessive heat and cold standards.

(a) The Director shall adopt rules to establish excessive heat standards. Until rules are adopted under this Section, excessive heat standards are as follows:

(1) for an outdoor place of employment, the heat index equals or exceeds 80 degrees Fahrenheit;

(2) for an indoor place of employment:

(A) the temperature equals or exceeds 80 degrees Fahrenheit and the heat index equals or exceeds 85 degrees Fahrenheit;

(B) if employees wear clothing that restricts heat removal, the temperature equals or exceeds 80 degrees Fahrenheit; and

(C) if employees work in a high radiant heat area, the temperature equals or exceeds 80 degrees Fahrenheit.

For indoor and outdoor places of employment, if the heat index equals or exceeds 90 degrees Fahrenheit, employers shall implement additional workplace safety standards, including the possible utilization of personal protective equipment.

(b) The Director shall adopt rules to establish excessive heat standards. Until rules are adopted under this Section, excessive heat standards are as follows:

(1) for an outdoor place of employment, the wind chill is equal or below 40 degrees Fahrenheit;

(2) for an indoor place of employment where heavy work is performed, unless prohibited by process requirements, the temperature is equal or below 60 degrees Fahrenheit; and

(3) for an indoor place of employment where light work is performed, unless prohibited by process requirements, a temperature is equal or below 65 degrees Fahrenheit.

(c) Any temperature, heat index, or wind chill described in this Section shall be based on a measurement of the National Weather Service.

Section 20. Occupational temperature-related illness and injury prevention plan.

(a) On or before January 1, 2026, the Director shall establish by rule an occupational temperature-related illness and injury prevention plan that contains the following:

(1) a standard that establishes temperature hazard levels for employees that, if exceeded, trigger actions by employers to protect employees from temperature-related illness and injury; and

(2) a requirement that each employer develop, implement, and maintain a plan to effectively prevent temperature-related illness and injury for its employees.

(b) The occupational temperature-related illness and injury prevention plan shall, to the extent permitted by federal law, be developed and implemented with the participation of employees and employee representatives, including collective bargaining representatives. The plan shall be tailored and specific to the hazards in a place of employment. The plan shall be in writing in both English and in the language that each employee understands, if that language is not English. The plan shall be provided to the Director, employees, and any employee representatives, including collective bargaining representatives, on the last business day of May each year and shall be made available at other times of the year upon written request. The Director shall develop a model occupational temperature-related illness and injury prevention plan, consistent with the provisions of this Act, that includes, but is not limited to:

(1) model training for employees and supervisors; and

(2) tailored to the specific hazards in places of employment with high risks of exposure to heat and cold.

An employer may adopt the Director's model occupational temperature-related illness and injury prevention plan, modify that model plan, or develop their own occupational temperature-related illness and injury prevention plan, consistent with the provisions of this Act, including the employee participation requirements.

(c) The occupational temperature-related illness and injury prevention plan described in subsection (a) shall, at a minimum, contain procedures and methods for the following:

(1) regular monitoring for employee exposure to heat or cold to determine whether an employee's exposure has been excessive;

(2) providing potable water, available immediately and in immediate and safe proximity to heat impacted employees;

(3) providing heat-impacted employees with paid rest breaks and access to shade, cool-down areas or climate-controlled spaces;

(4) providing warm, non-caffeinated beverages in immediate and safe proximity to cold impacted employees;

(5) providing cold impacted employees with paid rest breaks and access to warming stations sheltered from the wind and any precipitation;

(6) providing an emergency response for any employee who has suffered injury as a result of being exposed to excessive heat or cold;

(7) limiting the length of time an employee may be exposed to heat or cold during the workday;

(8) establishing guidelines for the usage of heat insulating personal protection equipment for workers exposed to temperatures below 65 degrees Fahrenheit for light activity and 60 degrees Fahrenheit for moderate to heavy activity;

(9) establishing a worker acclimatization policy conforming with the recommended alert limits as established by the "Occupational Exposure to Heat and Hot Environments" published in 2016 by the Department of Health and Human Services;

(10) for outdoor and indoor non-climate-controlled environments, implementing a heat and cold alert system to provide notification to employees when the National Weather Service forecasts that excessive heat or excessive cold is likely to occur in the following day or days in a locality where an employer has employees in that State, and when that notification occurs, including:

(A) postponing tasks that are non-essential until the excessive temperature condition subsides;

(B) instituting or increasing rest allowances;

(C) reminding workers to drink liquids in small amounts frequently to prevent dehydration; and

(D) to the extent practicable, monitoring the environmental heat index at job sites and resting places;

(11) preventing hazards, including through the use of:

(A) engineering controls that include the isolation of hot or cold processes, the isolation of employees from sources of heat or cold, local exhaust ventilation, shielding from a radiant heat source or freezers, the insulation of hot surfaces, air conditioning, cooling fans, evaporative coolers, and natural ventilation;

(B) administrative controls that limit exposure to a hazard by adjustment of work procedures or work schedules, including rotating employees, scheduling work earlier or later in the day, using work-rest schedules, reducing work intensity or speed, and changing required work clothing;

(C) personal protective equipment, including water-cooled garments, heated garments, air-cooled garments, reflective clothing, and cooling and heating vests; and

(D) administrative controls on routine temperature variation of more than 50 degrees Fahrenheit between work spaces;

(12) coordinating risk assessment efforts, plan development, and implementation with other employers who have employees who work at the same work site; and

(13) allowing employees to contact the employer directly and efficiently to communicate if the employee feels like the employee is suffering from an extreme temperature-related illness.

(d) The occupational temperature-related illness and injury prevention plan shall contain, at a minimum, annual training and education, including training and education regarding the following:

(1) the identification of extreme temperature-related illness risk factors;

(2) personal factors that may increase susceptibility to temperature-related illness;

(3) signs and symptoms of temperature-related illness;

(4) different types of temperature-related illness;

(5) the importance of consuming fluids;

(6) available engineering control measures;

(7) administrative control measures;

(8) the importance of reporting temperature-related symptoms;

(9) recordkeeping requirements and reporting procedures;

(10) emergency response procedures; and

(11) rights under this Act.

(e) The occupational temperature-related illness and injury prevention plan shall contain, at a minimum, special training and education to employees who are supervisors, in addition to the training and education provided to all employees under subsection (d), that shall include training and education containing the following:

(1) procedures a supervisor shall follow with respect to the prevention of employee exposure to excessive temperatures;

(2) how to recognize high-risk situations, including how to monitor weather reports and weather advisories, the risk of assigning an employee to a situation that could predictably compromise the safety of the employee, and initially and regularly monitor for employee exposure to heat or cold to determine whether an employee's exposure has been excessive; and

(3) emergency response procedures if an employee exhibits signs or reports symptoms consistent with temperature-related illnesses.

(f) The occupational temperature-related illness and injury prevention plan shall require that the education and training:

(1) be provided by an employer for each new employee before starting a job assignment;

(2) provide employees opportunities to ask questions, provide feedback, and request additional instruction, clarification, or follow-up;

(3) be provided by an individual with knowledge of temperature-related illness prevention and the plan of the employer; and

(4) be appropriate in content and commensurate to the language, education level, and literacy of each employee.

(g) An employer shall maintain the following:

(1) records related to the heat-related illness and injury prevention plan, including heat-related illness risk and hazard assessments and identification, evaluation, correction and training procedures;

(2) data on all heat-related illnesses, injuries, and fatalities that have occurred at the place of employment, including, but not limited to, the type of heat-related illness or injury experienced and symptoms experienced, the cause of death, the time at which manifestation of illness, injury, or death occurred, environmental measures, including temperature and humidity levels, at time of manifestation of illness, injury or death, a description of the location where the manifestation of illness, injury, or death occurred; and

(3) data concerning environmental and physiological measurements related to heat.

(h) An employer shall make the records and data available, on request, for examination and copying at no cost, to an employee, an employee's authorized representatives, including collective bargaining representatives, and to the Director. The employer shall preserve the records and data for a minimum of 3 years.

(i) Employers shall comply with the provisions of the heat stress and cold stress standards in accordance with this section 60 days after the rules containing the heat stress standard are adopted.

(k) this Act shall not apply to any employees directly involved in the protection of life or property, including, but not limited to, lifeguards, firefighters, paramedics, law enforcement personnel, and employees engaged in the emergency restoration of essential infrastructure and services, including roads, bridges, utilities, and communications.

(l) After an employer has implemented an occupational temperature-related illness and injury prevention plan each employer shall, annually, on or before the first business day of May, review, release, and give notice to employees and any authorized representatives of their employees, including their collective bargaining representatives, an updated copy of the employer's temperature-related illness and injury prevention plan.

Section 25. Retaliation.

(a) It is a violation of this Act for an employer to retaliate through termination of employment, discipline, or taking any other adverse action against any employee for exercising any right under this Act. There shall be a rebuttable presumption of unlawful retaliation under this Section if an employer takes an adverse action against an employee within 90 days after the employee exercises the employee's rights under this Act.

(b) It is a violation of this Act for an employer to retaliate or take adverse action against an employee if the employee:

(1) makes a complaint to an employer, to a co-worker, to a community organization, before a public hearing, or to a State or federal agency that rights under this Act have been violated;

(2) seeks assistance or intervention with respect to heat-related health symptoms from, the employer, local emergency services, the federal government, the State, or a local government;

(3) refuses to work if the employee reasonably believes:

(A) that an employer has not met the minimum requirements under this Act to prevent illness and injury; or

(B) that performing the required work in extreme temperature conditions may result in illness or injury;

(4) institutes any proceeding under or related to this Act; or

(5) testifies or prepares to testify in an investigation or proceeding under this Act.

Section 30. Violations. The Department, or the Attorney General pursuant to its authority under Section 6.3 of the Attorney General Act, shall have the authority to issue a temporary emergency cease and desist order to halt any conduct of the employer that is warranted by public health and safety concerns or is in violation of this Act. The Attorney General shall seek a court order extending any emergency cease and desist order to halt any conduct of the employer that is warranted by public health and safety concerns is in this Act as soon as practicable. Before issuing a cease and desist order authorized under this Section, the Attorney General shall provide notice to the Director.

Section 35. Penalties. An employer who violates any provision of this Act or any rule adopted under this Act shall be subject to a civil penalty of not less than $100 and not more than $5,000 for each violation found in an initial investigation by the Department or determined by a court in a civil action brought by an interested party, or determined by a court in a civil action brought by the Attorney General pursuant to its authority under Section 6.3 of the Attorney General Act. An employer found to have committed any repeat violation of this Act by the Department or circuit court within 3 years following the first finding shall be subject to a civil penalty of not less than $250 and not more than $15,000 for each such repeat violation. For purposes of this Section, each violation of this Act for each employee and for each day the violation continues shall constitute a separate and distinct violation. Any penalty assessed under this Act against a corporation, partnership, limited liability company, or sole proprietorship, shall be effective against any successor entity that is engaged in the same or equivalent trade or activity, and has one or more of the same principals or officers, as the corporation, partnership, limited liability company, or sole proprietorship against which the penalty was assessed. In determining the appropriateness of a penalty to the employer, the Director or circuit court shall consider the factors including, the history of violations by the employer, the seriousness of the violation, the good faith of the employer, and the size of the employer's business. The amount of the penalty may be: (1) recovered in a civil action brought by the Director in any circuit court, represented by the Attorney General; or (2) ordered by the court, in an action brought by any party, including the Attorney General for a violation of this Act.

Section 40. Enforcement by the Department.

(a) The Department shall enforce the provisions of this Act when, in the Department's judgment, there is cause and sufficient resources for investigation. The Department shall have the authority to conduct investigations in connection with the administration and enforcement of this Act. The Director, or the Director's designee, may:

(1) enter and inspect the place of business if any employer for the purpose of examining and inspecting the physical workplace;

(2) inspect or copy any records of the employer that relate in any way to or have a bearing upon the question of compliance with this Act;

(3) question any employee outside the presence of the employer or any employer representative;

(4) conduct any tests at the employer's place of business to determine if this Act has been violated; and

(5) require any employer to submit written statements, including sworn statements, relating to compliance with this Act as the Director may deem necessary or appropriate.

(b) A representative of the employer and a representative of the employees shall be given an opportunity to accompany the Department during the physical inspection of any workplace for the purpose of aiding the inspection.

(1) The Department may permit additional representatives of the employer and representatives of the employees to be present during the inspection if the Department determines that the additional representatives will aid the inspection. A different employer and employee representative may be present during each phase of the inspection if doing so does not interfere with the inspection.

(2) The Department shall have authority to resolve all disputes as to who shall be the representative of the employer and the representative of the employees. If there is no authorized representative of employees, or if the Department is unable to determine with reasonable certainty who is the representative, the Department shall consult with a reasonable number of employees concerning matters of safety and health in the workplace.

(3) The representative of the employees may be an employee of the employer or a third party. When the representative of the employees is not an employee of the same employer, the representative of the employees may be present during the inspection if, in the judgment of the Department, good cause has been shown why a third party is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace.

(4) The Department is authorized to deny the right to be present during an inspection for any person whose conduct interferes with a fair and orderly inspection.

(c) The Director may compel, by subpoena, the attendance and testimony of witnesses and the production of books, payrolls, records, papers, and other evidence in any investigation or hearing and may administer oaths to witnesses.

(d) The Department shall conduct hearings in accordance with the Illinois Administrative Procedure Act upon written complaint by an investigator of the Department or any interested person of a violation of this Act. After the hearing, if supported by the evidence, the Department may:

(1) issue and cause to be served on any party an order to cease and desist from further violation of this Act;

(2) take affirmative or other action as deemed reasonable to eliminate the effect of the violation; and

(3) determine the amount of any civil penalty allowed by this Act.

Section 45. Review under Administrative Review Law. Any party to a proceeding under this Act may apply for and obtain judicial review of an order of the Department entered under this Act in accordance with the provisions of the Administrative Review Law, and the Department in proceedings under this Act may obtain an order from the court for the enforcement of its order.

Section 50. Contempt. If it appears that an employer covered by this Act has violated a valid order of the Department issued under this Act, the Director may commence an action and obtain from the court an order commanding the employer to obey the order of the Department or be adjudged guilty of contempt of court and punished accordingly.

Section 55. Action for civil enforcement by an interested party.

(a) Upon a reasonable belief that an employer covered by this Act is in violation of any part of this Act, an interested party may initiate a civil action in the county where the alleged offenses occurred or where any party to this Action resides, asserting that a violation of this Act has occurred, pursuant to the following sequence of events:

(1) The interested party submits to the Department a complaint describing the violation and naming the employer alleged to have violated this Act.

(2) The Department sends notice of complaint to the named parties alleged to have violated this Act and the interested party.

(3) The named party may either contest the alleged violation or attempt to cure the alleged violation within 30 days after the receipt of the notice of complaint or, if the named party does not respond within 30 days, the Department issues a notice of right to sue to the interested party as described in paragraph (4).

(4) The Department issues a notice of right to sue to the interested party, if one or more of the following has occurred:

(A) the named party has cured the alleged violation to the satisfaction of the Director;

(B) the Director has determined that the allegation is unjustified or that the Department does not have jurisdiction over the matter or the parties; or

(C) the Director has determined that the allegation is justified or has not made a determination, and either has decided not to exercise jurisdiction over the matter or has concluded administrative enforcement of the matter.

(b) If within 180 days after service of the notice of complaint to the parties, the Department has not (i) resolved the contest and cure period, (ii) with the mutual agreement of the parties, extended the time for the named party to cure the violation and resolve the complaint, or (iii) issued a right to sue letter, the interested party may initiate a civil action for penalties. The parties may extend the 180-day period by mutual agreement. The limitations period for the interested party to bring an action for the alleged violation of the Act shall be tolled for the 180-day period and for the period of any mutually agreed extensions. At the end of the 180-day period, or any mutually agreed extensions, the Department shall issue a right to sue letter to the interested party.

(c) Upon receipt of a right to sue letter from the Department, an interested party may bring a civil action in the county where the alleged offenses occurred or where any party to this Action resides, in the name of the State or for the benefit of any impacted employee. If this Action is brought in the name of the State:

(1) No later than 30 days after filing an action, the interested party shall serve upon the State through the Attorney General a copy of the complaint and written disclosure of substantially all material evidence and information the interested party possesses.

(2) The State may elect to intervene and proceed with the action no later than 60 days after it receives both the complaint and the material evidence and information. The State may, for good cause shown, move the court for an extension of the time to intervene and proceed with the action.

(3) Before the expiration of the 60-day period or any extensions under subparagraph (2), the State shall:

(A) proceed with the action, in which case the action shall be conducted by the State; or

(B) notify the court that it declines to take the action, in which case the interested party bringing the action shall have the right to conduct the action.

(4) When the State conducts the action, the interested party shall have the right to continue as a party to the action subject to the following limitations:

(A) the State may dismiss the action notwithstanding the objections of the interested party initiating the action if the interested party has been notified by the State of the filing of the motion and the court has provided the interested party with an opportunity for a hearing on the motion; and

(B) the State may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances.

(5) If an interested party brings an action under this Section, no person other than the State may intervene or bring a related action on behalf of the State based on the facts underlying the pending action.

(6) An action brought in court by an interested party under this Section may be dismissed if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.

(d) Any claim or action filed by an interested party under this Section shall be made no later 3 years after the alleged conduct resulting in the complaint, plus any period for which the limitations period has been tolled.

(e) In an action brought by an interested party under this Section, an interested party may recover against the covered entity any statutory penalties set forth in Section 70, injunctive relief, and any other relief available to the Department. An interested party who prevails in a civil action shall receive 10% of any statutory penalties assessed, plus any attorney's fees and costs. The remaining 90% of any statutory penalties assessed shall be deposited into a special fund of the Department for enforcement of this Act.

Section 60. Private right of action.

(a) An employee aggrieved by any violation of this Act or any rule adopted under this Act may file suit in circuit court, in the county where the alleged offense occurred or where any employee who is party to this Action resides, without regard to exhaustion of any alternative administrative remedies provided in this Act. Actions may be brought by one or more employees for and on behalf of themselves and other employees similarly situated. An employee whose rights have been violated under this Act by an employer is entitled to collect:

(1) in the case of a notice violation, statutory damages in an amount of not less than $50 and not more than $500 for the violation of each subpart of each section of this Act;

(2) in the case of a health and safety violation, in addition to all other relief available for injury, compensatory damages and an amount of statutory damages of not less than $50 and not more than $500 for each violation of this Act;

(3) in the case of unlawful retaliation, all relief necessary to make the employee whole, including but not limited to:

(A) permanent or preliminary injunctive relief;

(B) reinstatement with the same seniority status that the employee would have had, but for the violation;

(C) back pay, with interest of 9% per annum for no more than 90 calendar days from the date the complaint is filed and front pay;

(D) liquidated damages of up to $10,000;

(E) compensation for any costs incurred as a result of the violation, including litigation costs, expert witness fees, and reasonable attorney's fees; and

(F) a civil penalty of $10,000, payable to the employee.

(b) The right of an aggrieved employee to bring an action under this Section terminates upon the passing of 3 years after the date of the violation. This limitations period is tolled if an employer or prospective employer has failed to provide an employee or prospective employer information required under this Act or has deterred an employee or prospective employee from the exercise of rights under this Act.

(c) Nothing in this Section shall be construed to limit in any way an employee's rights to bring an action for injury through a tort action, workers compensation, union grievance procedure or any other legal avenue available to an employee.

Section 65. No diminution of obligations.

(a) No provision of this Act or any rules adopted under this Act shall be construed as:

(1) requiring an employer to diminish or reduce protections provided by the employer under an employer policy or collective bargaining agreement that are more favorable to employee safety than the protections required by this Act or that provide rights or benefits to employees not provided by this Act;

(2) prohibiting an employer from agreeing to provide protections under an employer policy or collective bargaining agreement that are more favorable to employees than the protections required by this Act or to provide rights or benefits to employees not provided by this Act; or

(3) superseding any law providing collective bargaining rights for employees or in any way reducing, diminishing, or adversely affecting those collective bargaining rights or the obligations of employers under any law.

(b) To the extent any federal heat stress standard law, rule, or regulation is more favorable to employees than any requirement of this Act, the Director shall update the heat stress standard rule to align with the federal standard.