EMPLOYMENT

(820 ILCS 255/) Toxic Substances Disclosure to Employees Act.

    (820 ILCS 255/1) (from Ch. 48, par. 1401) 

    Sec. 1. This Act shall be known and may be cited as the "Toxic
Substances Disclosure to Employees Act". 

(Source: P.A. 83-240.) 

    (820 ILCS 255/1.5) 

    Sec. 1.5. Federal regulations; operation of Act.

    (a) Except as provided in subsection (b), Sections 2 through 17
of this Act are inoperative on and after the effective date of this
amendatory Act of the 95th General Assembly, and the Department of Labor
shall instead enforce the Occupational Safety and Health Administration
Hazard Communication standards at 29 CFR 1910.1200, as amended. 

    (b) If at any time the Occupational Safety and Health
Administration Hazard Communication standard at 29 CFR 1910.1200 is
repealed or revoked, the Director of Labor shall adopt a rule setting
forth a determination that this Act should be reviewed and reinstated in
order to protect the health and safety of Illinois' public sector
workers. On the date such a rule is adopted, this Act shall again become
operative. 

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

    (820 ILCS 255/2) (from Ch. 48, par. 1402) 

    Sec. 2. It is hereby found and declared that there may exist a
danger to the health of employees throughout the State from significant
exposure to toxic substances encountered during the course and scope of
employment. The results of this exposure may be tragic and may not be
realized for years or even for generations. It is consistent to impose
upon employers a duty to give each employee notice of his exposure to
toxic substances which pose known and suspected health hazards and which
may cause death or serious physical harm to the employee. 

    It is further found and declared that employees are frequently
in the best position to be aware of the symptoms of toxicity, if they
are first made aware of the nature of the toxic substances they are
working with. Employees have an inherent right to know about the known
and suspected health hazards which may result from working with toxic
substances so that they may make more knowledgeable and reasoned
decisions with respect to any personal risks of their employment and the
need for corrective action. 

    Therefore, the Legislature intends by this Act to ensure that
employees be given information concerning the nature of the toxic
substances with which they work and full information concerning the
known and suspected health hazards of such toxic substances. 

    The provisions of this Act shall be liberally construed to
effect the above purpose. 

(Source: P.A. 83-240.) 

    (820 ILCS 255/3) (from Ch. 48, par. 1403) 

    Sec. 3. Definitions. As used in this Act: 

    (a) "Chemical name" means the scientific designation of a
chemical in accordance with the nomenclature system developed by the
International Union of Pure and Applied Chemistry (IUPAC), or the
Chemical Abstracts Service (CAS) rules of nomenclature, or a name which
will clearly identify the chemical for hazard evaluation purposes. 

    (b) "Department" means the Illinois Department of Labor. 

    (c) "Container" means any bag, barrel, box, can, cylinder, drum,
pipe, piping system or the like that contains a toxic substance. 

    (d) "Director" means the Director of the Illinois Department of
Labor. 

    (e) "Employee" means any person employed by an employer on or
after the effective date of this Act, except domestic workers or casual
laborers. For purposes of this Act, any person whose employment is
terminated for any reason after the effective date of this Act is an
employee. 

    (f) "Employer" means any individual, partnership, corporation or
association including the State and all of its political subdivisions,
engaged in a business which has 20 or more employees or 5 or more
full-time employees in the State. The term "employer" does not include
an employer of domestic workers or casual laborers employed at a place
of residence. Where the employees are present at the workplace of
another employer, pursuant to an agreement between the employers,
"employer" means the employer having control of the toxic substances in
the workplace. 

    (g) "Employee representative" means an individual or labor
organization to whom an employee gives written authorization to exercise
his or her rights to request information under Sections 8 and 9 of this
Act. A recognized or certified collective bargaining agent of a group of
employees shall be considered to be an employee representative with
respect to those employees without written employee authorization. 

    (h) "Hazard Warning" means any words, pictures, symbols, or
combination thereof which convey the hazards of the toxic substances in
the container. 

    (i) "Health professional" means a safety engineer employed by an
employer to evaluate hazards or a physician, dentist, toxicologist,
registered nurse, licensed practical nurse or industrial hygienist. 

    (j) "Material safety data sheet" means a document describing the
properties and methods of safe handling and use of a substance, compound
or mixture. A material safety data sheet shall contain the following
information with respect to the substance, compound or mixture unless
otherwise provided by this Act: 

        (1) The chemical name, common names, trade name and 

    

the identity used on the label, except as otherwise provided by Section
13.



        (2) Physical and chemical characteristics, including 

    

vapor pressure and flash point.



        (3) Physical hazards, including the potential for 

    

fire, explosion or reactivity.



        (4) Known acute and chronic health effects of 

    

exposure, including signs and symptoms of exposure based on substantial
scientific evidence. Information contained in Appendix B of the federal
Occupational Safety and Health Administration's Hazard Communication
Notice of Proposed Rulemaking, 47 Federal Register 12001; March 19,
1982, shall be considered scientific evidence for purposes of this
paragraph.



        (5) The known primary route of exposure. 

        (6) The permissible exposure limit for those toxic 

    

substances for which the federal Occupational Safety and Health
Administration has promulgated a permissible exposure limit.



        (7) Precautions for safe handling and use. 

        (8) Recommended engineering controls. 

        (9) Recommended work practices. 

        (10) Recommended personal protective equipment. 

        (11) Emergency and first aid procedures and 

    

procedures for cleanup of leaks or spills.



        (12) The date of preparation of the material safety 

    

data sheet and of any changes to it.



        (13) The name, address and telephone number of the 

    

employer, manufacturer, importer or supplier preparing the material
safety data sheet.



    (k) "Mixing/loading site" means a work area where pesticide
products are transferred to containers and combined with diluents as
provided by label instructions to form use-dilutions for application to
a site for the purpose of effecting pest control. 

    (l) "Mixture" means any combination of two or more substances if
the combination is not, in whole or part, the result of a chemical
reaction. 

    (m) "Toxic substance" means any substance, mixture or compound
containing a substance which is determined as being hazardous as defined
in 29 C.F.R. 1910.1200. 

    (n) "Trade secret" means the whole or any portion or phase of
any scientific or technical information, design, process, procedure,
formula or improvement or business plan which is secret in that it has
not been published or disseminated or otherwise become a matter of
general public knowledge, and which has competitive value. A trade
secret is presumed to be secret when the owner thereof takes reasonable
measures to prevent it from becoming available to persons other than
those selected by the owner to have access thereto for limited purposes.


    (o) "Work area" means a room or defined space where toxic
substances are produced, used or stored and where employees are present.


    (p) "Workplace" means an employer's usual place of business
containing one or more work areas. 

(Source: P.A. 89-696, eff. 6-1-97.) 

    (820 ILCS 255/4) (from Ch. 48, par. 1404) 

    Sec. 4. (Repealed). 

(Source: P.A. 88-45. Repealed by P.A. 89-696, eff. 6-1-97.) 

    (820 ILCS 255/4.1) (from Ch. 48, par. 1404.1) 

    Sec. 4.1. All files, records and data gathered by or under the
direction or authority of the Director under this Act shall be made
available to the Department of Public Health pursuant to the Illinois
Health and Hazardous Substances Registry Act. 

(Source: P.A. 83-1361.) 



  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002550K4.1.htm"   

    (820 ILCS 255/5) (from Ch. 48, par. 1405) 

    Sec. 5. Duty of employer, manufacturer, importer and supplier to
submit Material Safety Data Sheet information to the Director. 

    (a) Every employer shall submit to the Director, within 6 months
of the effective date of this Act and annually thereafter, an
alphabetized list of substances, compounds or mixtures for which the
employer has acquired material safety data sheets. 

    (b) Every manufacturer, importer or supplier of substances,
compounds or mixtures shall submit to the Director, within 6 months of
the effective date of this Act and annually thereafter, an alphabetized
list of material safety data sheets for every product it produces,
imports, or supplies. The manufacturer, importer, or supplier shall make
a copy of any Material Safety Data Sheet on the list immediately
available, but only upon request of the Director. 

    (c) The Director shall maintain a list of all Material Safety
Data Sheets submitted by an employer, manufacturer, importer or supplier
under this Section. 

    The Director shall make this list, hereinafter referred to as an
"MSDS List", available for inspection during office hours. The Director
shall mail a copy of the MSDS List to a requesting party upon written
request. The Director may charge a reasonable fee to cover the cost of
reproduction and mailing of the MSDS List. 

    (d) The Director shall maintain for 5 years Material Safety Data
Sheets submitted by employers, manufacturers, importers, and suppliers. 

(Source: P.A. 89-696, eff. 6-1-97.) 

    (820 ILCS 255/6) (from Ch. 48, par. 1406) 

    Sec. 6. Exemptions. This Act shall not apply to: 

    (a) Use of toxic substances, compounds or mixtures regulated by
this Act which are: 

        (1) Intended for personal consumption by employees 

    

in the workplace.



        (2) Consumer goods used, stored or sold by an 

    

employer, manufacturer, importer, retailer or supplier in the same form,
approximate amount, concentration and manner as they are sold to
consumers, provided that employee exposure to such consumer goods is not
significantly greater than consumer exposure occurring during the
principal consumer uses of the consumer goods. For purposes of this Act,
"consumer goods" shall be defined as in Section 9-102 of the Uniform
Commercial Code.



        (3) Present in a concentration of less than 1%. In 

    

the cases of carcinogens, mutagens or teratogens, only those substances
shall be exempt which are present in a concentration of 0.1% or less. No
substance shall be exempt under this paragraph which is present in
concentrations exceeding threshold concentrations established by
regulation of the Department.



    (b) Laboratories in which a toxic substance, compound or mixture
regulated by this Act is used by or under the direct supervision of a
technically qualified individual, provided that the toxic substance or
mixture is not produced in the laboratories for commercial sale. The
Department shall promulgate rules prescribing the standards used in
determining whether a laboratory is under the direct supervision of a
technically qualified individual. 

    (c) All retail trade establishments as listed in the "Standard
Industrial Classification Manual" Division G, Retail Trade, published by
the U.S. Government Printing Office, except the Act shall apply to those
retail trade establishments listed within Major Groups: 52 - Building
Materials, Hardware, Garden Supply, and Mobile Home Dealers; and 55 -
Automotive Dealers and Gasoline Service Stations, except for those
activities involving the retail sales of gasoline motor fuels or
lubricants, or if the retail trade establishments are engaged in any of
the following specific activities, this Act shall apply only to the
retail trade establishments' involvement in such specific activities:
paint mixing, other than the tinting of consumer sized containers of
paint; finishing or refinishing operations using paint or paint related
products; automobile battery servicing, photo finishing operations; and
dry cleaning operations. 

(Source: P.A. 91-893, eff. 7-1-01.) 

    (820 ILCS 255/7) (from Ch. 48, par. 1407) 

    Sec. 7. Employers shall post in their workplaces, at the
location where notices to employees are usually posted, a sign which
informs the employees of their rights under this Act. The Department
shall publish such a sign and make copies available to any person at
cost within 120 days of the effective date of this Act. 

(Source: P.A. 83-240.) 

    (820 ILCS 255/8) (from Ch. 48, par. 1408) 

    Sec. 8. Labels, placards, signs and operating instructions
identifying toxic substances. (a) Except as otherwise provided by this
Section, the employer shall label with the chemical name and appropriate
hazard warnings each container of a toxic substance in the workplace.
The employer is not required to label any container of ten gallons or
less in volume into which a toxic substance or mixture is transferred by
the employee from labelled containers and which is intended only for the
immediate use of the employee who performs the transfer. 

    (b) The employer may post signs, placards or operating
instructions to convey the required information as specified in Section
8(a) rather than affixing labels to each fixed container. For purposes
of this paragraph, "fixed container" shall mean a pipe, piping system,
reaction vessel or storage tank. All containers which are not fixed
containers must be individually labelled. The employer shall provide at
least one sign, placard or set of operating instructions readily
accessible to each employee in the employee's work area. 

    (c) The employer shall ensure that each label, sign, placard or
set of operating instructions required by this Section is prominently
affixed and displayed in such a manner that employees can easily
identify the toxic substances present. 

    (d) The employer need not affix new labels if existing labels
already convey the necessary information required by this Section. 

    (e) This Section shall not apply to containers into which
products registered pursuant to the Federal Insecticide, Fungicide and
Rodenticide Act, as amended, are transferred to form use-dilutions at a
mixing/loading site for use within a 12 hour period. All labeling
information required for such products by the Federal Insecticide,
Fungicide and Rodenticide Act must be posted in a prominent location at
the mixing/loading site. 

    (f) This Section shall become effective with respect to any
toxic substance upon filing, unless a later effective date is specified
in the rule, pursuant to Section 4(e) of this Act. 

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

    (820 ILCS 255/9) (from Ch. 48, par. 1409) 

    Sec. 9. Material safety data sheets. 

    (a) Each employer shall obtain a material safety data sheet for
each toxic substance used, produced or stored in the workplace to which
employees may be exposed. 

    (b) If the employer, manufacturer, importer or supplier becomes
aware of information which is new and significant regarding the health
hazard of a toxic substance, the employer must add this information to
the material safety data sheet within 3 months. 

    (c) The employer shall maintain copies of the required material
safety data sheets for each toxic substance in the workplace, and shall
ensure that they are accessible to employees for at least 10 years after
the substance is no longer used, produced or stored. 

    (d) Employees, their designated representatives, their treating
health care professionals, emergency service agencies, and the Director
shall be given a material safety data sheet if the employer possesses
one within 10 days of a written request or a written statement that the
employer does not possess one within the same time period. An employer
who does not possess the requested material safety data sheet shall: (1)
request a material safety data sheet in writing from the seller of the
toxic substance within 10 days; (2) if the seller fails to provide the
employer with a material safety data sheet within 30 days, file a
complaint within 10 days of such failure pursuant to Section 17a against
the seller alleging that the seller has failed to provide a material
safety data sheet within the time limits specified by this Act; (3) mail
a copy of the written request and the filed complaint to the seller and
the filed complaint to the employee who originally requested the
material safety data sheet within 10 days of filing the complaint. An
employer shall mail the material safety data sheet to the requesting
party within 10 days following receipt by the employer from the seller
of the material safety data sheet. 

    (e) A completed federal Occupational Safety and Health
Administration "Form 20 Material Safety Data Sheet" containing all of
the information specified in Section 3(j) shall be presumed to be a
material safety data sheet complying with all of the requirements of
Section 3(j). 

    (f) This Section shall become effective with respect to any
toxic substance upon filing, unless a later effective date is specified
in the rule, pursuant to Section 4(e). 

(Source: P.A. 83-240.) 

    (820 ILCS 255/10) (from Ch. 48, par. 1410) 

    Sec. 10. If an employer possesses a Material Safety Data Sheet
for a substance, compound or mixture that is not defined as a hazardous
substance under 29 C.F.R. 1910.1200, a treating physician of any
employee of that employer must be provided with the material safety data
sheet upon written request within 10 days. 

(Source: P.A. 89-696, eff. 6-1-97.) 

    (820 ILCS 255/11) (from Ch. 48, par. 1411) 

    Sec. 11. (a) Any person, including any supplier, importer or
manufacturer, who sells any toxic substance within the State of Illinois
must provide the buyer, within 30 days of the date of receipt, with a
material safety data sheet for the toxic substance and must label the
container with the chemical name and appropriate hazard warning. The
person selling the toxic substance need not provide more than one
material safety data sheet for a single toxic substance to a single
buyer, unless such buyer requests a second or subsequent material safety
data sheet for the toxic substance, in which case the seller shall
provide a copy of the material safety data sheet to the buyer within 30
days of receipt of such request. 

    (b) This Section shall become effective with respect to any
toxic substance upon filing, unless a later effective date is specified
in the rule, pursuant to Section 4(e). 

(Source: P.A. 91-357, eff. 7-29-99.) 

    (820 ILCS 255/12) (from Ch. 48, par. 1412) 

    Sec. 12. (a) An employer may provide the information required by
Section 8 with respect to an entire mixture, considered as a whole,
instead of with respect to each toxic substance contained in such
mixture, provided that: 

    (1) Toxicity testing information exists on the entire mixture or
adequate information exists to form a valid judgment of the hazardous
properties of the entire mixture; and 

    (2) Provision of information on the entire mixture will be as
effective in protecting employee health as the provision of information
on each toxic substance contained in the mixture. 

    (b) This Section shall become effective with respect to any
toxic substance upon filing, unless a later effective date is specified
in the rule, pursuant to Section 4(e). 

(Source: P.A. 83-240.) 

    (820 ILCS 255/13) (from Ch. 48, par. 1413) 

    Sec. 13. Trade Secrets. (a) Trade secrets. An employer,
manufacturer, importer or supplier may withhold the precise chemical
name of a toxic substance if: 

    (1) The Director has determined that the toxic substance is a
trade secret. The Director shall determine that a toxic substance is a
trade secret if: 

    (i) The employer, manufacturer, importer or supplier has
asserted a written trade secret claim which has not expired by its terms
nor been waived or withdrawn; and 

    (ii) the toxic substance conforms to the definition of a trade
secret contained in Section 3(m) of this Act; and 

    (2) The substance is identified by a generic chemical
classification which would permit independent toxicological evaluation
by a health professional; and 

    (3) All other information on the properties and effects of the
substance required by this section is contained in the material safety
data sheet; and 

    (4) The material safety data sheet indicates which category of
information is being withheld on trade secret grounds; and 

    (5) In any event, the withheld information is provided on a
confidential basis to a treating health care professional who states in
writing that a patient's health problems may be the result of
occupational exposure. A statement with the name of the holder of the
trade secret information and an emergency telephone number shall be
included in the material safety data sheet. In an emergency medical
situation, the employer shall disclose the trade secret information to a
treating health care professional without requiring the prior signing of
any written statement. 

    (b) The Director must determine whether a substance is a trade
secret within 30 days of submission of a trade secret claim by the
holder of the trade secret information. The information shall be
protected as confidential until such determination is made. 

    (c) Except in an emergency medical situation, whenever trade
secret information is requested from an employer by any emergency
service agency, fire department, user, employee or employee
representative or treating health care professional, the holder of the
trade secret information, whether an employer, manufacturer, importer or
supplier must supply the information but may require, as a condition of
access to the trade secret, that such person sign a written
confidentiality agreement prepared by the holder of the trade secret
information, stating that the person receiving such information will not
use the information for the purpose of commercial gain and will not
permit misuse of the trade secret information by a competitor or
potential competitor of the employer, manufacturer, importer or
supplier. 

(Source: P.A. 83-240.) 

    (820 ILCS 255/14) (from Ch. 48, par. 1414) 

    Sec. 14. (a) If an employee has requested information in writing
about a toxic substance to which he or she is entitled under this Act
and has not received the information specified within the time frames
provided by this Act, the employee may refuse to work with the toxic
substance. Notwithstanding the above sentence, if any employer does not
possess a material safety data sheet for a toxic substance and has made
a good faith effort to acquire one, an employee is not entitled under
this Act to refuse to work with the toxic substance on the grounds that
the employer has refused to provide such material safety data sheet
within time limits specified by Section 9(d). An employer that complies
with the requirements of Section 9(d) will be presumed to have made a
good faith effort under Section 14. 

    (b) An employer may not discharge or otherwise discipline or
discriminate in any manner against any employee, prospective employee,
or employee representative because that person exercises any rights
under this Act, or makes a claim, or files any complaint or action, or
testifies in any proceeding related to this Act, nor shall any
remuneration, position, seniority, or other benefits be lost for such
reasons. 

    (c) No employer shall request or require that an employee,
former employee or applicant for employment waive any rights under this
Act. 

    (d) This Section shall become effective with respect to any
toxic substance upon filing, unless a later effective date is specified
in the rule, pursuant to Section 4 (e). 

(Source: P.A. 83-240.) 

    (820 ILCS 255/15) (from Ch. 48, par. 1415) 

    Sec. 15. Fire Safety. (a) An employer must arrange with the
administrators of fire departments having responsibility for fire
prevention and control in units of local government within which the
employer uses, produces or stores toxic substances, to make the
firefighters employed by such fire departments familiar with the hazards
of toxic substances used in the workplace of the employer, associated
fire hazards, the layout of the workplace, places where employees of the
employer are regularly stationed during the course of their work,
entrances to roads inside the workplace and possible evacuation roads. 

"Administrators of fire departments" shall include a fire chief or
administrator, or that person's designee. 

    (b) If more than one fire department might respond to an
emergency involving a workplace where an employer uses, produces or
stores toxic substances, the employer must make arrangements with the
persons responsible for the administration of each such fire department
to designate primary emergency authority to a specific fire department. 

    (c) Where administrators of fire departments refuse to enter
into arrangements specified in subsections (a) and (b) of this Section,
the employer shall have a duty to document such refusal. 

    (d) The fire department shall maintain copies of the information
provided by the employer under subsections (a) and (b) of this Section,
and shall provide copies of this information upon the request of any
fire department, fire department employee or representative of a fire
department employee. 

(Source: P.A. 83-240.) 

    (820 ILCS 255/16) (from Ch. 48, par. 1416) 

    Sec. 16. Employee information and training. (a) An employer
shall provide all employees with an education and training program with
respect to all toxic substances to which the employee is routinely
exposed in the course of his or her employment. An employee shall be
deemed to be routinely exposed to any toxic substance which he ingests,
inhales, absorbs through the skin or otherwise comes into contact with
on a regular basis during the course of his employment in concentrations
for which there is substantial scientific evidence that a significant
risk to human health may occur from exposure or which falls above
threshold limits established by the Department. If no employees are
exposed to any toxic substance, the employer does not have to provide an
employee education and training program. 

    (b) It shall be prima facie evidence that an employer has
fulfilled the education and training requirements of this Section if,
before an employee is assigned to work where he will be routinely
exposed to a toxic substance, and at least annually thereafter for as
long as the employee remains routinely exposed to the toxic substance,
the employer provides the employee with: (1) personal instruction with
respect to methods of material handling for each toxic substance to
which the employee will be exposed in the normal course of his or her
employment; (2) a material safety data sheet pertaining to such toxic
substance; and (3) a summary, written by the Department, which includes
(i) a summary of the employee's rights and obligations under the Act and
(ii) a readily understandable explanation of how to read and understand
a Material Safety Data Sheet. 

    (c) It shall be the duty of the Department to publish, to
distribute to any employer in the State who so requests, and to publish
in the Illinois Register, copies of the summary described in subsection
(b) of this Section. The summary must be available for distribution to
employers and published in the Illinois Register within 6 months of the
effective date of this Act. The Department may charge a reasonable fee
to those persons requesting copies of the summary, to cover publication
and distribution costs. 

    (d) The Director shall develop a program to inform employers,
manufacturers, importers, and suppliers of their rights and duties under
this Act. Such program shall begin on the effective date of this Act and
shall last for at least one year thereafter. The program shall include,
but shall not be limited to: (i) Providing information to employers and
employees on their duties and responsibilities under this Act; and (ii)
Providing information on procedures adopted by the Department for the
purpose of implementing this Act. 

    The Department shall make efforts to assist small businesses in
complying with the provisions of this Act and shall also attempt to
notify suppliers located out of the State concerning the provisions of
this Act. 

(Source: P.A. 86-816.) 

    (820 ILCS 255/17) (from Ch. 48, par. 1417) 

    Sec. 17. (a) An employee, employee representative or employer
who alleges that he or she has been denied his or her rights under this
Act may, within 180 days of the alleged denial or after first learning
of the alleged denial, file a complaint alleging a violation of the Act
with the Department. The Department shall investigate the complaint and
shall have authority to request the issuance of a search warrant or
subpoena to inspect the files or premises of an employer, manufacturer,
importer or supplier, if necessary. The Department shall attempt to
resolve the complaint by conference, conciliation, or persuasion. If the
complaint is not so resolved and the Department finds probable cause to
believe a violation has occurred, the Department shall proceed with
notice and a hearing on the complaint. 

    (b) The hearing will be held within 60 days of receipt by the
party alleged to have committed a violation of the Act, hereafter
referred to as the respondent, of the complaint and the hearing notice.
At the hearing, the employee, employee representative or employer and
the respondent shall have the right to present evidence, to be
represented by counsel or labor union representatives, and to
cross-examine witnesses. In addition, the Director shall promulgate
rules providing for the issuance of subpoenas to compel witnesses to
attend the hearing and for orderly prehearing exchange of information
and documents by the complaining employee, employee representatives or
employer and the respondent. 

    (c) Remedies. The Director shall issue a decision and order
within 30 days after the hearing. If the Director finds that an
employer, manufacturer, importer, supplier or other person has violated
this Act, he shall order the violator to cease and desist violating and
may order the violator to institute an education and training program,
provide the requested information, reinstate an employee and provide
back pay to an employee, and assess attorney's fees and hearing costs. 

    (d) Penalties for violation. Any employer, manufacturer,
importer, supplier, or other person who, in a hearing held pursuant to
this Section is found by the Director to be in violation of the Act
shall forfeit not more than $1,000 for each such violation. Any person
who wilfully or repeatedly violates any provision of this Act or an
order of the Director issued pursuant to this Section shall forfeit not
more than $10,000 for each such violation. 

    (e) Punitive damages. The Director of the Department is
authorized to assess punitive damages against any employer,
manufacturer, importer, supplier or other person, who knowingly and
wilfully violates any of the provisions of this Act. Punitive damages
shall not exceed 10 times the total monetary amount owed by the liable
party pursuant to subsections (c) and (d) of this Section or $20,000,
whichever is larger. 

    (f) Any party to the hearing adversely affected by a final
decision pursuant to subsections (c), (d), or (e) of this Section may
obtain judicial review by filing a petition under the Administrative
Review Law of the Code of Civil Procedure within 35 days of the
decision; except that, where the Director has failed to issue a decision
within 30 days after the hearing, the complainant shall have the right
to file his or her complaint as an original action in the circuit court
of this State. The remedies available in such an original action shall
be the same as those specified in subsections (c), (d) and (e) of this
Section. 

(Source: P.A. 83-240.) 

    (820 ILCS 255/18) (from Ch. 48, par. 1418) 

    Sec. 18. The Director is authorized to take such administrative
action and to issue such rules and regulations after public notice and
opportunity for comment as are reasonably required to implement this
Act. 

(Source: P.A. 83-240.) 

    (820 ILCS 255/20) (from Ch. 48, par. 1420) 

    Sec. 20. This Act takes effect January 1, 1984. 

(Source: P.A. 83-240.) 



