	EMPLOYMENT

(820 ILCS 225/) Health and Safety Act.

    (820 ILCS 225/.01) (from Ch. 48, par. 137.01) 

    Sec. .01. As used in this Act: 

    "Department" means the Department of Labor. 

    "Director" means the Director of Labor.

    "Employee" means every person in the service of: the State,
including members of the General Assembly, members of the Illinois
Commerce Commission, members of the Workers' Compensation Commission,
and all persons in the service of the public universities and colleges
in Illinois; an Illinois county, including deputy sheriffs and assistant
State's attorneys; or an Illinois city, township, incorporated village
or school district, body politic, or municipal corporation; whether by
election, under appointment or contract, or hire, express or implied,
oral or written.

    "Public employer" or "employer" means the State of Illinois and
all political subdivisions. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K.01.htm"   

    (820 ILCS 225/1) (from Ch. 48, par. 137.1) 

    Sec. 1. The Department of Labor shall administer this Act. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K1.htm"   

    (820 ILCS 225/2) (from Ch. 48, par. 137.2) 

    Sec. 2. This Act shall apply to all public employers engaged in
any occupation in this State, and their employees, including the State
of Illinois and its employees and all political subdivisions and its
employees, except that nothing in this Act shall apply to working
conditions of employees with respect to which Federal agencies, and
State agencies acting under Section 274 of the Atomic Energy Act of
1954, as amended (42 U.S.C. 2021), exercise statutory authority to
prescribe or enforce standards or regulations affecting occupational
safety and health. Any regulations in excess of applicable Federal
standards shall, before being promulgated, be the subject of hearings as
required by this Act.

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K2.htm"   

    (820 ILCS 225/3) (from Ch. 48, par. 137.3) 

    Sec. 3. (a) It shall be the duty of every employer under this
Act to provide reasonable protection to the lives, health and safety and
to furnish to each of his employees employment and a place of employment
which are free from recognized hazards that are causing or are likely to
cause death or serious physical harm to his employees. 

    (b) It shall be the duty of each employer under this Act to
comply with occupational health and safety standards promulgated under
this Act and the Safety Inspection and Education Act. 

    (c) It shall be the duty of every employer to keep his employees
informed of their protections and obligations under this Act and the
Safety Inspection and Education Act, including the provisions of
applicable standards. 

    (d) It shall be the duty of every employer to furnish its
employees with information regarding hazards in the work-place,
including information about suitable precautions, relevant symptoms and
emergency treatment. 

    (e) It shall be the duty of every employee to comply with such
rules as are promulgated from time to time by the Director pursuant to
this Act or the Safety Inspection and Education Act, which are
applicable to his own actions and conduct. 

    (f) The Director shall, from time to time, make, promulgate and
publish such reasonable rules as will effectuate such purposes. Such
rules shall be clear, plain and intelligible as to those affected
thereby and that which is required of them, and each such rule shall be,
by its terms, uniform and general in its application wherever the
subject matter of such rule shall exist in any worksite having public
employees, and which rules, 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. 

(Source: P.A. 95-623, eff. 9-17-07.) 





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"http://www.ilga.gov/legislation/ilcs/documents/082002250K3.htm"   

    (820 ILCS 225/4) (from 820 ILCS 225/4, in part) 

    Sec. 4. Records and reports; work-related deaths, injuries, and
illnesses. 

    (a) The Director shall prescribe rules requiring employers to
maintain accurate records of, and to make reports on, work-related
deaths, injuries and illnesses, other than minor injuries requiring only
first aid treatment which do not involve medical treatment, loss of
consciousness, restriction of work or motion, or transfer to another
job. Such rules shall specifically include all of the reporting
provisions of Section 6 of the Workers' Compensation Act and Section 6
of the Workers' Occupational Diseases Act. 

    (b) Such records shall be available to any State agency
requiring such information. 

    (c) (Blank). 

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K4.htm"   

    (820 ILCS 225/4.1) (from 820 ILCS 225/4, in part) 

    Sec. 4.1. Adoption of federal safety and health standards as
rules.

    (a) All federal occupational safety and health standards which
the United States Secretary of Labor has heretofore promulgated or
modified in accordance with the Federal Occupational Safety and Health
Act of 1970, shall be and are hereby made rules of the Director unless
the Director shall make, promulgate, and publish an alternate rule at
least as effective in providing safe and healthful employment and places
of employment as a federal standard. Prior to the development and
promulgation of alternate standards or the modification or revocation of
existing standards, the Director must consider factual information
including:

        (1) Expert technical knowledge.

        (2) Input from interested persons including 



    

employers, employees, recognized standards-producing organizations, and
the public. 



    (b) All federal occupational safety and health standards which
the United States Secretary of Labor shall hereafter promulgate, modify
or revoke in accordance with the Federal Occupational Safety and Health
Act of 1970 shall become the rules of the Department within 6 months
after their federal promulgation date, unless there shall have been in
effect in this State at the time of the promulgation, modification or
revocation of such rule an alternate State rule at least as effective in
providing safe and healthful employment and places of employment as a
federal standard. However, such rule shall not become effective until
the following requirement has been met: 

        (1) The Department shall within 45 days after the 

    

federal promulgation date of such rule, file with the office of the
Secretary of State in Springfield, Illinois, a certified copy of such
rule as provided in "The Illinois Administrative Procedure Act",
approved August 22, 1975, as amended.



        (2) (Blank). 

    (c) The Director of Labor may promulgate emergency temporary
standards or rules to take effect immediately by filing such rule or
rules with the Illinois Secretary of State providing that the Director
of Labor shall first expressly determine:

        (1) that the employees are exposed to grave danger 

    

from exposure to substances or agents determined to be toxic or
physically harmful or from new hazards; and



        (2) that such emergency standard is necessary to 

    

protect employees from such danger.



    The Director of Labor shall adopt emergency temporary standards
promulgated by the federal Occupational Safety and Health Administration
within 30 days of federal notice. Such temporary emergency standards
shall be effective until superseded by a permanent standard but in no
event for more than 6 months from the date of its publication. The
publication of such temporary emergency standards shall be deemed to be
a petition to the Director of Labor for the promulgation of a permanent
standard and shall be deemed to be filed with the Director of Labor on
the date of its publication and the proceeding for the permanent
promulgation of the rule shall be pursued in accordance with the
provisions of this Act.

    (d)(1) Any standard promulgated under this Act shall prescribe
the use of labels or other appropriate forms of warning as are necessary
to ensure that employees are apprised of all hazards to which they are
exposed, relevant symptoms and appropriate emergency treatment, and
proper conditions and precautions of safe use or exposure.

    (2) Where appropriate, such standard shall also prescribe 

    

suitable protective equipment and control or technological procedures to
be used in connection with such hazards and shall provide for monitoring
or measuring employee exposure at such locations and intervals, and in
such manner as may be necessary for the protection of employees.



    (3) In addition, where appropriate, any such standard 

    

shall prescribe the type and frequency of medical examinations or other
tests which shall be made available, by the employer or at the
employer's cost, to employees exposed to such hazards in order to most
effectively determine whether the health of such employees is adversely
affected by such exposure. The results of such examinations or tests
shall be furnished by the employer only to the Department of Labor, or
at the direction of the Department to authorized medical personnel and
at the request of the employee to the employee's physician.



    (4) The Director of Labor, in promulgating standards 

    

dealing with toxic materials or harmful physical agents under this
subsection, shall set the standard which most adequately ensures, to the
extent feasible, on the basis of the best available evidence, that no
employee will suffer material impairment of health or functional
capacity even if such employee has regular exposure to the hazard dealt
with by such standard for the period of the employee's working life.



    (5) Development of standards under this subsection shall 

    

be based upon research, demonstrations, experiments, and such other
information as may be appropriate. In addition to the attainment of the
highest degree of health and safety protection for the employee, other
considerations shall be the latest available scientific data in the
field, the feasibility of the standards, and experience gained under
this and other health and safety laws. Whenever practicable, the
standard promulgated shall be expressed in terms of objective criteria
and of the performance desired. 



(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K4.1.htm"   

    (820 ILCS 225/4.2) (from 820 ILCS 225/4, in part) 

    Sec. 4.2. Variances.

    (a) The Director of Labor has the authority to grant either
temporary or permanent variances from any of the State standards upon
application by a public employer. Any variance from a State health and
safety standard may have only future effect. 

    (b) Any public employer may apply to the Director of Labor for a
temporary order granting a variance from a standard or any provision
thereof promulgated under this Act or the Safety Inspection and
Education Act. 

        (1) Such temporary order shall be granted only if the 



    

employer files an application which meets the requirements of this
subsection (b) and establishes: 



            (A) that he is unable to comply with a standard 

        

by its effective date because of unavailability of professional or
technical personnel or of materials and equipment needed to come into
compliance with the standard or because necessary construction or
alteration of facilities cannot be completed by the effective date; 



            (B) that he is taking all available steps to 

        

safeguard his employees against the hazards covered by the standard; and




            (C) that he has an effective program for coming 

        

into compliance with a standard as quickly as practicable. 



        Any temporary order issued under this Section shall 

    

prescribe the practices, means, methods, operations and processes which
the employer must adopt and use while the order is in effect and state
in detail his program for coming into compliance with the standard. 



        (2) Such a temporary order may be granted only after 

    

notice to employees and an opportunity for a hearing. However, in cases
involving only documentary evidence in support of the application for a
temporary variance and in which no objection is made or hearing
requested by the employees or their representative, the Director of
Labor may issue a temporary variance in accordance with this Act. 



        (3) In the event the application is contested or a 

    

hearing requested, the application shall be heard and determined by the
Director. 



        (4) No order for a temporary variance may be in 

    

effect for longer than the period needed by the employer to achieve
compliance with the standard or one year, whichever is shorter, except
that such an order may be renewed not more than twice, so long as the
requirements of this paragraph are met and if an application for renewal
is filed at least 90 days prior to the expiration date of the order. No
interim renewal of an order may remain in effect for longer than 180
days. 



        (5) An application for a temporary order as herein 

    

provided shall contain:



            (A) a specification of the standard or portion 

        

thereof from which the employer seeks a variance;



            (B) a representation by the employer, supported 

        

by representations from qualified persons having first-hand knowledge of
the facts represented, that he is unable to comply with a standard or
portion thereof and a detailed statement of the reasons therefor;



            (C) a statement of the steps he has taken and 

        

will take (with specific dates) to protect employees against a hazard
covered by the standard;



            (D) a statement of when he expects to be able to


        

comply with the standard (with dates specified); and



            (E) a certification that he has informed his 

        

employees of the application by giving a copy thereof to their
authorized representatives, posting a statement at the place or places
where notices to employees are normally posted, summarizing the
application and specifying where a copy may be examined, and by other
appropriate means.



        A description of how employees have been informed 

    

shall be contained in the certification. The information to employees
shall also inform them of their right to petition the Director for a
hearing.



        (6) The Director of Labor is authorized to grant a 

    

variance from any standard or portion thereof whenever the Director of
Labor determines that such variance is necessary to permit an employer
to participate in an experiment approved by the Director of Labor
designed to demonstrate or validate new and improved techniques to
safeguard the health or safety of workers.



    (c) Any affected employer may apply to the Director of Labor for
a rule or order for a permanent variance from a standard or rule
promulgated under this Act or the Safety Inspection and Education Act.
Affected employees shall be given notice of each such application and an
opportunity to participate in a hearing. The Director of Labor shall
issue such rule or order if he determines on the record, after
opportunity for an inspection where appropriate and a hearing, that the
proponent of the variance has demonstrated by a preponderance of the
evidence that the conditions, practices, means, methods, operations or
processes used or proposed to be used by an employer will provide
employment and places of employment to his employees which are as safe
and healthful as those which would prevail if he complied with the
standard. The rule or order so issued shall prescribe the conditions the
employer must maintain, and the practices, means, methods, operations,
and processes which he must adopt and utilize to the extent they differ
from the standard in question. Such a rule or order may be modified or
revoked upon application by an employer, employees, or the Director of
Labor on his own motion, in the manner prescribed for its issuance under
this Section at any time after 6 months from its issuance. 

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K4.2.htm"   

    (820 ILCS 225/5) (from Ch. 48, par. 137.5) 

    Sec. 5. Such rules of the Director of Labor shall have the force
and effect of law. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K5.htm"   

    (820 ILCS 225/5.1) (from Ch. 48, par. 137.5-1) 

    Sec. 5.1. Exemption from civil liability for providing emergency
medical or first aid care. Exemption from civil liability for emergency
medical or first aid care is as provided in the Good Samaritan Act. 

(Source: P.A. 89-607, eff. 1-1-97.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K5.1.htm"   

    (820 ILCS 225/7) (from Ch. 48, par. 137.7) 

    Sec. 7. Rulemaking proceedings. The Director of Labor may, on
his own initiative, or upon written petition, make, modify or repeal any
rule or rules as provided in this Act, conforming with the procedure
prescribed in this Act or the Safety Inspection and Education Act. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.htm"   

    (820 ILCS 225/7.01) (from Ch. 48, par. 137.7-01) 

    Sec. 7.01. If the Director of Labor resolves to institute such
proceedings, he shall propose a rule stating in simple terms the subject
matter and purpose of such hearing, and shall place such rule on file
with the Illinois Secretary of State in the Illinois Register, and the
matter shall proceed to hearing and disposition upon such rule as
hereinafter provided. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.01.htm"   

    (820 ILCS 225/7.02) (from Ch. 48, par. 137.7-02) 

    Sec. 7.02. Every petition for hearing upon rules filed with the
Director of Labor shall state, in simple terms, the subject matter and
purpose for which such hearing is requested. Such petition shall be
signed by a minimum of 5 public employees or 5 public employers. When
such a petition is filed, the matter shall proceed to hearing and
disposition upon such petition as hereinafter provided. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.02.htm"   

    (820 ILCS 225/7.03) (from Ch. 48, par. 137.7-03) 

    Sec. 7.03. The Director of Labor may, on his own motion, or the
motion of any interested party, consolidate for joint hearing and joint
disposition, any number of pending rules and petitions on related
subject matters, but the provisions of this Act as to notice of hearing
shall be complied with as to each petition or rule so consolidated. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.03.htm"   

    (820 ILCS 225/7.04) (from Ch. 48, par. 137.7-04) 

    Sec. 7.04. When the Director of Labor on his own initiative
determines to consider any rule or rules, or when such a petition is
filed, the Director shall set a date for a public hearing on such cause,
not less than 30 nor more than 90 days after the date of the proposed
rule by the Director of his intention to proceed on his own initiative,
or after the filing of a petition, as the case may be. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.04.htm"   

    (820 ILCS 225/7.05) (from Ch. 48, par. 137.7-05) 

    Sec. 7.05. Notice of such hearing shall be given at least 30
days prior to the date of the hearing by publication in a newspaper of
general circulation within the county in which the hearing is to be
held, in the Illinois Register, and by mailing notice thereof to any
employer, and to any association of public employers and to any
association of public employees who have filed with the Director of
Labor their names and addresses, requesting notice of such hearings. The
notice of hearing shall state the time, place and subject matter of the
hearing. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.05.htm"   

    (820 ILCS 225/7.06) (from Ch. 48, par. 137.7-06) 

    Sec. 7.06. Hearings shall be held in places reasonably
convenient to the persons affected. 

    At any such hearing, any interested party may submit any
evidence pertinent to the subject matter of the hearing. 

    The Director of Labor or his designee may administer oaths in
connection with any proceeding under this Act. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.06.htm"   

    (820 ILCS 225/7.07) (from Ch. 48, par. 137.7-07) 

    Sec. 7.07. Upon the conclusion of the hearing, the Director of
Labor shall enter in writing, his decision upon the subject matter of
such hearing. Copies of the decision, rule, or rules shall be mailed to
interested parties whose names are on file with the Director of Labor,
as hereinbefore provided, and a certified copy thereof shall be filed in
the office of the Secretary of State at Springfield to be published in
the Illinois Register. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.07.htm"   

    (820 ILCS 225/7.08) (from Ch. 48, par. 137.7-08) 

    Sec. 7.08. Within 30 days after the entry of a decision, rule or
rules by the Director of Labor, the Director may correct, modify or
vacate such decision, rule or rules on his own motion, or upon written
objection. Within such 30 days, any person affected thereby may object
in writing to the decision, rule or rules entered by the Director of
Labor, stating the specific grounds of his objection. The Director of
Labor, in his discretion, may or may not act upon said objection. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.08.htm"   

    (820 ILCS 225/7.09) (from Ch. 48, par. 137.7-09) 

    Sec. 7.09. Any person affected thereby, whether or not such
person participated in the previous proceedings, may within 90 days
after a decision, rule or rules is entered by the Director of Labor,
file a praecipe for a writ of certiorari in the circuit court of the
county in which the subject matter of the hearing is situated, or, if
the subject matter is situated in more than one county, then in any one
of such counties for the purpose of having the reasonableness or
lawfulness of the decision, rule or rules reviewed. 

    Upon filing of such praecipe, writ of certiorari shall issue
directed to the Director of Labor, returnable on a designated return
date not less than 10 nor more than 60 days from the issuance thereof. 

    The person or the parties filing the praecipe for writ of
certiorari, or other interested parties, shall, on or before the return
date as fixed, file in the office of the clerk of the court out of which
said writ issued, specific grounds of objection to the particular
decision, rule or rules sought to be reviewed. 

    Service of such writ of certiorari shall be had by serving a
copy upon the Director of Labor. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.09.htm"   

    (820 ILCS 225/7.10) (from Ch. 48, par. 137.7-10) 

    Sec. 7.10. The Director of Labor shall certify the record of the
proceedings to the court. For the purpose of a writ of certiorari, the
record of the Director of Labor shall consist of a transcript of all
testimony taken at the hearing, together with all exhibits, or copies
thereof, introduced in evidence, and all information secured by the
Director of Labor on his own initiative which was introduced in evidence
at the hearing; a copy of the rule or petition filed with the Director
of Labor and a copy of the decision filed in the cause, together with
all objections filed with the Director of Labor, if any. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.10.htm"   

    (820 ILCS 225/7.11) (from Ch. 48, par. 137.7-11) 

    Sec. 7.11. On such certiorari proceedings, the court may confirm
or reverse the decision as a whole, or may reverse and remand the
decision as a whole, or may confirm any of the rules contained in such
decision, and reverse or reverse and remand with respect to other rules
in said decision. The order of the court shall be a final and appealable
order except as to such portion of the decision of the Director, or as
to such rule or rules therein as may be remanded by the court. 

    The purpose of any such remanding order shall be for the further
consideration of the subject matter of the particular decision, rule or
rules remanded. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.11.htm"   

    (820 ILCS 225/7.12) (from Ch. 48, par. 137.7-12) 

    Sec. 7.12. No new or additional evidence may be introduced in
the court in such proceeding but the cause shall be heard on the record
of the Director of Labor as certified by him. The court shall review all
questions of law and fact presented by such record, and shall review
questions of fact in the same manner as questions of fact are reviewed
by the court to determine the reasonableness or lawfulness of the
decision. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.12.htm"   

    (820 ILCS 225/7.13) (from Ch. 48, par. 137.7-13) 

    Sec. 7.13. The court first acquiring jurisdiction by virtue of
the filing of a praecipe for writ of certiorari seeking to review any
decision, rule or rules of the Director of Labor, shall have and retain
jurisdiction of such review and of all other reviews from the same
decision, rule or rules until such review is disposed of in said court. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.13.htm"   

    (820 ILCS 225/7.14) (from Ch. 48, par. 137.7-14) 

    Sec. 7.14. Any person who subsequently, and within the time
herein provided, has filed praecipe for writ of certiorari, may
intervene in said original cause in whatever county it may be pending by
making a proper showing. 

(Source: Laws 1967, p. 3855.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.14.htm"   

    (820 ILCS 225/7.15) (from Ch. 48, par. 137.7-15) 

    Sec. 7.15. The Director of Labor, in making return to any writ
of certiorari where praecipe is filed subsequent to the first praecipe
involving the same subject matter, shall file as his return, a statement
that the record has theretofore been filed, or is about to be filed, in
response to the first praecipe theretofore filed. 

    At the time of making such subsequent return, the Director of
Labor shall mail to the attorneys whose names appear on the writ as
attorneys for the petitioner therein, a true copy of such return filed
with the court, which return shall state the county in which the first
praecipe has been filed, the title and number of the case, and the
return date of the first writ of certiorari. Any party filing such
subsequent praecipe for writ of certiorari may intervene in the original
proceeding or shall be foreclosed by the decision thereon. 

    Such intervenor shall be a party to the proceeding to the same
extent as the party who had filed the first praecipe, and may raise any
additional question with respect to the subject matter by filing his
specific objections in the court within such time as the court may
direct. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.15.htm"   

    (820 ILCS 225/7.16) (from Ch. 48, par. 137.7-16) 

    Sec. 7.16. Appeals from all final orders and judgments entered
by the court in review of the decision, rule or rules of the Director of
Labor, may be taken as appeals in other civil cases. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.16.htm"   

    (820 ILCS 225/7.17) (from Ch. 48, par. 137.7-17) 

    Sec. 7.17. Any proceeding in any court affecting a decision,
rule or rules of the Director of Labor, shall have priority in hearing
and determination over all other civil proceedings except election
contests. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.17.htm"   

    (820 ILCS 225/7.18) (from Ch. 48, par. 137.7-18) 

    Sec. 7.18. In all reviews or appeals under this Act or the
Safety Inspection and Education Act, it is the duty of the Attorney
General to represent the Director and defend his decisions and rules. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.18.htm"   

    (820 ILCS 225/8) (from Ch. 48, par. 137.8) 

    Sec. 8. The Director shall, in his decision, rule or rules, fix
the effective date thereof; any such decision, rule or rules shall not
become effective during the pendency of any proceedings for review or
appeal thereof instituted pursuant to the provisions of this Act in
which case such decision, rule or rules shall not become effective until
such review or appeal, including appeal to the Supreme Court, if any,
has been disposed of by final order and the mandate shall have been
filed with the Director, and until a period of time has elapsed after
the filing of such mandate equal to the period of time between the date
of the entry of such decision, rule or rules by the Director and the
effective date as originally fixed by the Director. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K8.htm"   

    (820 ILCS 225/9) (from Ch. 48, par. 137.9) 

    Sec. 9. The Director of Labor under the Illinois Administrative
Procedure Act shall make and publish rules as to his practice and
procedure in carrying out the duties imposed upon the Department of
Labor by this Act or the Safety Inspection and Education Act, which
rules shall be deemed prima facie, reasonable and valid. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K9.htm"   

    (820 ILCS 225/10) (from Ch. 48, par. 137.10) 

    Sec. 10. The owner, operator, manager or lessee of any place
affected by the provisions of this Act and his agent, superintendent,
subordinate or employee, and any employer affected by such provisions,
shall, when requested by the Director of Labor or his duly authorized
agent, furnish any information in his possession or under his control,
which the Director of Labor is authorized to require; shall answer
truthfully all questions required to be put to him; shall admit the
Director of Labor or his duly authorized representative to any place of
employment which is affected by the provisions of this Act for the
purpose of making inspection, and shall cooperate in the making of a
proper inspection. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K10.htm"   

    (820 ILCS 225/11) (from Ch. 48, par. 137.11) 

    Sec. 11. The Director of Labor or his designee shall have power:


    (a) To issue subpoenas for and compel the attendance of
witnesses and the production of pertinent books, papers, documents or
other evidence. 

    (b) To hear testimony and receive evidence and to take or cause
to be taken, depositions of witnesses residing within or without this
State in the manner prescribed by law for depositions in civil cases in
the circuit court. Subpoenas and commissions to take testimony shall be
under seal of the Director of Labor. 

    (c) Service of subpoenas may be made by any sheriff or any other
person. The circuit court for the county where any hearing is pending,
upon application of the Director of Labor, or his designee, may, in his
discretion, compel the attendance of witnesses, the production of
pertinent books, papers, records or documents and the giving of
testimony before the Director of Labor or his designee, by an attachment
proceedings, as for contempt, in the same manner as the production of
evidence may be compelled before the court. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K11.htm"   

    (820 ILCS 225/12) (from Ch. 48, par. 137.12) 

    Sec. 12. The Director of Labor shall make an annual report of
his work under the provisions of this Act and the Safety Inspection and
Education Act to the Governor on or before the first day of February of
each year; and a biennial report to the Legislature on or before the
first day of February of each odd-numbered year. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K12.htm"   

    (820 ILCS 225/13) (from Ch. 48, par. 137.13) 

    Sec. 13. All notices, orders, decisions, rules and other
official action shall be in the name of the Director of Labor. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K13.htm"   

    (820 ILCS 225/14) (from Ch. 48, par. 137.14) 

    Sec. 14. The Director of Labor shall keep a full and complete
record of all proceedings had before him or any of his designees, and
all testimony shall be transcribed into written form. The Director shall
also keep records which will enable any employer, employee or their
agents, to determine all action taken by the Director with respect to
the subject matter in which such employer and employee is interested.
Such records shall be purged of personal data that is otherwise required
to be held confidential, and the remaining records shall be open to
public inspection. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K14.htm"   

    (820 ILCS 225/15) (from Ch. 48, par. 137.15) 

    Sec. 15. The Director of Labor shall publish on a regular basis,
in printed form, all of the rules made pursuant to this Act and the
Safety Inspection and Education Act which are in full force and effect
at the time of such publication. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K15.htm"   

    (820 ILCS 225/16) (from Ch. 48, par. 137.16) 

    Sec. 16. The record required to be furnished by the Director of
Labor as a return to the writ of certiorari shall be furnished by the
Director of Labor without cost. In any appeal from the decision of the
circuit court to the Supreme Court under this Act, the clerk of such
circuit court in making up the record for use in the Supreme Court,
shall incorporate therein the original transcript filed by the Director
of Labor in such circuit court as a return to writ of certiorari, in
lieu of a copy thereof. 

(Source: P.A. 87-245.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K16.htm"   

    (820 ILCS 225/17) (from Ch. 48, par. 137.17) 

    Sec. 17. (a) It shall be the duty of the Department of Labor to
enforce the rules of the Director of Labor promulgated by virtue of this
Act and the Safety Inspection and Education Act. 

    (b) Any employees or representatives of them who believe that a
violation of a safety or health standard exists that threatens physical
harm, or that an imminent danger exists, upon which the Department of
Labor has failed to issue a notice of violation or take another
enforcement action within a reasonable time after a complaint has been
made to the Department of Labor may request a hearing before the
Director of Labor by filing a written petition, setting forth the
details and providing a copy to the employer or his agent. The Attorney
General or state's attorney upon request of the Director of Labor shall
prosecute any violation of any law which probable cause shall be
determined to exist after hearing on the aforesaid petition. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K17.htm"   

    (820 ILCS 225/19) (from Ch. 48, par. 137.19) 

    Sec. 19. This Act shall be known and may be cited as the "Health
and Safety Act." 

(Source: Laws 1935-36, Third Sp.Sess., p. 33.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K19.htm"   

    (820 ILCS 225/20) (from Ch. 48, par. 137.20) 

    Sec. 20. "An Act to provide for the health, safety and comfort
of employees in factories, mercantile establishments, mills and
workshops in this State, and to provide for the enforcement thereof, and
to repeal an Act entitled, 'An Act to provide for the health, safety and
comfort of employees in factories, mercantile establishments, mills and
workshops in this State, and to provide for the enforcement thereof,'
approved June 4, 1909," approved June 29, 1915, as amended, is repealed,
such repeal to take effect March 1, 1938. If, however, the Industrial
Commission shall make any rules pursuant to Section 4 of this Act, and
it is designated in such rule that it is to replace any section or part
of the said Act, and such rule becomes effective prior to March 1, 1938,
then such section or part of the said Act shall replace such provision
of the statute designated in such rule upon the effective date of said
rule of the Industrial Commission, and Section 4 of "An Act in relation
to employments creating poisonous fumes or dust in harmful quantities,
and to provide for the enforcement thereof," approved June 29, 1915, is
repealed, such repeal to take effect October 1, 1936; and "An Act
providing for the reporting, compiling and publishing of information
concerning accidents to and deaths by accidents of employes," approved
May 24, 1907, is repealed, such repeal to take effect upon the passage
of this Act. 

(Source: P.A. 84-1438.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K20.htm"   

    (820 ILCS 225/21) (from Ch. 48, par. 137.21) 

    Sec. 21. No repeal of any act herein contained shall extinguish
or in any way affect any right of action thereunder, existing at the
time this Act takes effect. 

(Source: Laws 1935-36, Third Sp.Sess., p. 33.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K21.htm"   

    (820 ILCS 225/22) (from Ch. 48, par. 137.22) 

    Sec. 22. All information reported to or otherwise obtained by
the Director of Labor or his authorized representative in connection
with any inspection or proceeding under this Act or the Safety
Inspection and Education Act which contains or might reveal a trade
secret shall be considered confidential, except that such information
may be disclosed confidentially to other officers or employees concerned
with carrying out this Act or the Safety Inspection and Education Act or
when relevant to any proceeding under this Act or the Safety Inspection
and Education Act. In any such proceeding, the Director of Labor or the
court shall issue such orders as may be appropriate, including the
impoundment of files, or portions of files, to protect the
confidentiality of trade secrets. 

    Any person who shall violate the confidentiality of trade
secrets is guilty of a Class B misdemeanor. 

(Source: P.A. 95-623, eff. 9-17-07.) 





  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K22.htm"   

    (820 ILCS 225/23) (from Ch. 48, par. 137.23) 

    Sec. 23. Nothing in this Act shall be construed to supersede or
in any manner affect any workers' compensation or occupational diseases
law or any other common law or statutory rights, duties or liabilities,
or create any private right of action. 

(Source: P.A. 81-992.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K23.htm"   

