TITLE 56:  LABOR AND EMPLOYMENT

CHAPTER I:  DEPARTMENT OF LABOR

SUBCHAPTER b:  REGULATION OF WORKING CONDITIONS

PART 350

HEALTH AND SAFETY

SUBPART A:  INSPECTIONS AND CITATIONS

Section 

350.10	Purpose and Scope 

350.20	Definitions 

350.30	Availability of Rules and Standards 

350.40	Petition for Variance from Standards 

350.50	Inspection Authority 

350.60	Advance Notice of Inspection 

350.70	Representatives of Employers and Employees 

350.80	Imminent Danger 

350.90	Complaints by Employees

350.100	General Inspection Procedures

350.110	Violations

350.120	Review System for Contested Cases 

350.130	Posting of Notice

350.140	Voluntary Compliance Program

SUBPART B:  RECORDS OF INJURIES AND ILLNESSES

Section 

350.210	Emergency Notification 

350.220	Recordable Injuries and Illnesses 

350.230	Log of Injuries and Illnesses – OSHA 300

350.240	Injury and Illness Incident Report – OSHA 301

350.250	Annual Summary of Work-Related Injuries and Illnesses – OSHA
300A

SUBPART C:  FEDERAL STANDARDS

Section 

350.300	Adoption of Federal Standards 

AUTHORITY:  Implementing and authorized by the Safety Inspection and
Education Act [820 ILCS 220] and the Health and Safety Act [820 ILCS
225]. 

SOURCE:  Emergency rules adopted at 9 Ill. Reg. 17004, effective October
17, 1985, for a maximum of 150 days; adopted at 10 Ill. Reg. 8765,
effective May 14, 1986; amended at 11 Ill. Reg. 2798, effective January
28, 1987; amended at 12 Ill. Reg. 17086, effective October 11, 1988;
amended at 16 Ill. Reg. 8518, effective May 26, 1992; amended at 17 Ill.
Reg. 1074, effective January 19, 1993; emergency amendment at 17 Ill.
Reg. 7072, effective April 27, 1993, for a maximum of 150 days; amended
at 18 Ill. Reg. 14724, effective September 15, 1994; amended at 19 Ill.
Reg. 11923, effective August 7, 1995; amended at 20 Ill. Reg. 7419,
effective May 10, 1996; amended at 21 Ill. Reg. 12850, effective
September 4, 1997; amended at 23 Ill. Reg. 3993, effective October 1,
1999; amended at 23 Ill. Reg. 12447, effective October 2, 1999; amended
at 24 Ill. Reg. 13693, effective August 23, 2000; amended at 25 Ill.
Reg. 860, effective January 5, 2001; amended at 25 Ill. Reg. 10196,
effective July 30, 2001; old Part repealed at 30 Ill. Reg. _____ and new
Part adopted at 30 Ill. Reg. _____, effective __________.

SUBPART A:  INSPECTIONS AND CITATIONS

Section 350.10  Purpose and Scope 

a)	The Health and Safety Act [820 ILCS 225] requires that employers
covered by the Act provide to their employees employment and a place of
employment free from recognized hazards that are causing or are likely
to cause death or serious physical harm to the employees.  The Act also
requires that employers comply with occupational safety and health
standards adopted under the Act and with the applicable rules issued
under the Act.  Under the Safety Inspection and Education Act [820 ILCS
220], the Department of Labor is authorized to enforce these standards,
to conduct inspections, and to issue citations for violations of these
standards. 

b)	This Part contains the Department's rules under these Acts and sets
forth general policies for enforcement of the inspection and citation
provisions of these Acts in relation to public employers.  In Illinois,
private employers are not covered by this Part, they are covered by
federal regulations adopted by the Occupational Safety and Health
Administration.

Section 350.20  Definitions 

As used in this Part, the following terms shall have the meanings
indicated:   

	"Acts" means the Safety Inspection and Education Act [820 ILCS 220] and
the Health and Safety Act [820 ILCS 225].

	"Calendar days" means each day and every day, including Saturdays,
Sundays, and holidays. 

	"Department" means the Illinois Department of Labor. 

	"Director" means the Director of the Illinois Department of Labor. 

	"Employee" means every person in the service of:

the State, including members of the General Assembly, members of the
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.

	"Employee representative" means any person authorized by the employees
to represent their interests in collective bargaining and other labor
relations matters. 

"Health and Safety Act" means 820 ILCS 225.

	"Imminent danger" means the existence of conditions or practices in a
workplace that could reasonably be expected to cause death or serious
physical harm to employees in the workplace immediately or before the
danger of such death or harm can be eliminated through the citation
procedures.  Factors such as the location of the hazard, the proximity
of the employees to the hazard, and the availability of alternatives to
continued exposure to the hazard will be considered in determining
whether a condition constitutes imminent danger. 

	"Officer" or "inspection officer" means any individual or agent of the
Department of Labor who has been authorized by the Department to conduct
inspections and issue citations under this Part. 

	"Post" or "post in a conspicuous location" means to attach the material
to a bulletin board customarily used for notices to employees or, if
such a bulletin board is not available in the workplace, to visibly
display the notice in another location where the affected employees can
be expected to have an opportunity to see and read the notice. 

	"Public employer" or "employer" means the State of Illinois and all
political subdivisions, except State agencies that exercise statutory
authority to prescribe or enforce standards or regulations affecting
occupational safety and health pursuant to Section 274 of the Atomic
Energy Act of 1954, as amended (42 USC 2021). 

	"Safety Inspection and Education Act" means 820 ILCS 220.

	"Service of notice" or "serve" means personal delivery or delivery
postage prepaid via regular United States Postal Service mail.  When
service is effected by mail, the date of service shall be the date of
the United States Postal Service postmark. 

	"Working days" or "business days" means Mondays through Fridays,
excluding State holidays. 

Section 350.30  Availability of Rules and Standards 

a)	Copies of the Acts and all rules and standards adopted under the Acts
will be available for inspection and copying at the offices of the
Department.  These materials shall be made available in compliance with
the Freedom of Information Act [5 ILCS 140]. 

b)	If an employer has obtained copies of these materials, he shall make
them available upon request to any employee or authorized representative
of any employee for review.  The materials shall be made available for
review at the place of business where the employee is employed on the
same day the request is made or at the earliest time mutually convenient
to the employee or authorized representative and the employer. 

Section 350.40  Petition for Variance from Standards 

a)	General. The Director can grant either temporary or permanent
variances from any of the State standards upon application by a public
employer, as authorized by Section 4.2 of the Health and Safety Act. 
The petition shall be filed by the employer as soon as practicable when
he or she finds that compliance has not been, or will not be, achieved. 

b)	The petition for a variance from a standard shall be granted if it
meets the requirements of this Section and establishes:

1)	The reasons for the employer's inability to achieve compliance by the
required date, such as the unavailability of necessary professional or
technical personnel or of materials and equipment or because necessary
construction or alteration of facilities cannot be completed by the
effective date;

2)	A description of interim steps being taken to safeguard the employees
against the hazard during the period of noncompliance; 

3)	The details of an effective program for coming into compliance as
quickly as practicable; and 

4)	A statement that the employees have been notified of the petition and
that a copy of the petition has been posted in a conspicuous location in
the workplace for a period of at least 10 working days. 

c)	Affected employees or their authorized representatives may
participate in the hearing on the petition by filing a request to
participate with the Department within 10 working days after the date of
the posting of the petition or the service of the petition. 

e)	Within 15 working days after receipt of the petition, the Department
shall schedule a hearing on the petition, appoint an impartial hearing
officer to conduct the hearing, and serve notice of the time and
location of the hearing on the employer and any employees and employee
representatives who have filed a request to participate in the hearing. 
The hearing shall be held within 45 calendar days after receipt of the
petition. 

f)	The Department shall fully consider the petition and any testimony
presented by the employer, employees, and employee representatives.  The
requested variance shall be granted when the Department finds that the
employer has made and is making a good faith effort to achieve
compliance (such as ordering necessary materials and designing,
planning, and scheduling alterations), that the health and safety of the
employees is being safeguarded during the noncompliance period (such as
by the use of barriers, prohibition of access to the hazardous area, or
posting of warning notices), and that the non-compliant condition is due
to circumstances beyond the control of the employer.  If the Department
finds that the conditions of this subsection have not been met, the
variance shall be denied. 

g)	If the employees or their authorized representatives do not file a
request to participate or otherwise raise objections to the petition and
the Department finds that the requested variance meets the conditions
set forth in subsection (f), the Department shall issue the requested
variance without holding a hearing. 

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

Application.  An application for a temporary order shall contain:

the standard or portion of a standard from which the employer seeks a
variance;

a representation by the employer, along with qualified support, of the
reasons for not being able to comply with the standard;

a statement of the steps taken and to be taken (with specific dates) to
protect employees from a hazard covered by the standard;

a statement of when the employer expects to comply with the standard;
and

a certification that the employer has informed the employees and their
authorized representatives of the application, their right to petition
the Department for a hearing and a copy of the posting.

j)	Permanent Variance  

1)	The Director can issue an order for permanent variance from a safety
standard when:

A)	notice has been given to affected employees and the employees have
been afforded the opportunity to participate in the hearing process; and

B)	a preponderance of the evidence demonstrates that the conditions,
practices, means, methods, operations or processes used or proposed to
be used will provide employment and places of employment as safe and
healthful as those that would be produced by compliance with the
standard.

2)	The order may be modified or revoked upon application by an affected
party at any time after six months following its issuance. 

Section 350.50  Inspection Authority 

a)	Inspection officers are authorized to:   

1)	Enter without delay and at any times when employees are present any
establishment, plant, workplace, or site where work is performed by an
employee of a public employer covered by this Part; 

2)	Inspect and investigate any such place of employment during normal
working hours, including all conditions, structures, machines,
equipment, devices, and materials in that place of employment; 

3)	Collect and retain any necessary samples, including taking
photographs and other means of documenting findings; 

4)	Interview or confer privately with any employer, owner, operator,
supervisor, or employee; 

5)	Review any records required by this Part and any other records
directly related to the purpose of the inspection, such as equipment
maintenance records or equipment manufacturers' required or recommended
maintenance and warranty specifications; and 

6)	Leave the premises and initiate the compulsory process for entry if
the public employer refuses to allow entry or the inspection to proceed.

b)	Officers shall comply with any internal security procedures of the
employer regarding handling of any confidential information and records
that must be reviewed during the course of an inspection. 

Section 350.60  Advance Notice of Inspection 

a)	The Department and its inspectors are prohibited from providing
advance notice of inspections to the employer. However, advance notice
may be given when the Department finds the existence of one or more of
the following circumstances: 

1)	Where there appears to be an imminent danger and advance notice to
the employer may enable the employer to abate the danger as quickly as
possible; 

2)	Where special preparations by the employer, such as ensuring the
personal security and privacy of persons at the workplace or the
inspection staff, are necessary prior to the inspection.  Advance notice
shall be limited to the time necessary to make required preparations; or


3)	Where the presence of specific individuals, such as a specific
employee or appropriate technical personnel, is needed to aid in the
inspection. 

b)	When the Department provides advance notice of an inspection to an
employer, the employer shall notify affected employees and any
authorized representatives of employees. 

c)	Any employee of the Department providing advance notice of an
inspection to an employer in violation of this Section shall be subject
to disciplinary action by the Department and criminal penalties as
provided in the Safety Inspection and Education Act. 

Section 350.70  Representatives of Employers and Employees 

a)	A representative of the employer and a representative authorized by
the employees shall be given an opportunity to accompany the inspection
officer during the physical inspection of any workplace for the purpose
of aiding in the inspection.  The officer shall permit additional
employer and employee representatives to accompany him or her during the
inspection when the officer finds that additional representatives will
not interfere with the inspection and will further aid in the
inspection.  The officer shall allow different individuals to serve as
employer and employee representatives during different phases of the
inspection, upon request by the employer or employees. 

b)	If the inspection officer is unable to determine who has been
authorized to serve as the representative of the employees or, if an
employee representative is not available, the officer shall consult with
a representative number of employees concerning safety and health
matters in the workplace. 

c)	The representative of the employees shall be an employee of the
employer, unless the inspection officer determines that a non-employee
has been appropriately authorized by the employees and that the
non-employee has specialized skill and knowledge that will be useful in
the inspection.  The non-employees may include, but are not limited to,
industrial hygienists, union representatives or safety engineers. 

d)	The officer shall deny the right of accompaniment under this Section
to any individual whose conduct is abusive or obstructive, or similarly
interferes with a fair and orderly inspection. 

e)	Participants are required to provide any information in their
possession or under their control upon request of the inspection officer
to assist in the inspection.  All participants shall answer truthfully
all questions posed to them and shall cooperate fully in the making of a
proper inspection.  Under Section 2.6 of the Safety Inspection and
Education Act, it is a Class 4 felony to provide false information
during the inspection process.

Section 350.80  Imminent Danger 

a)	Whenever and as soon as an officer finds, on the basis of an
inspection or investigation, that an imminent danger as defined in
Section 350.20 exists in the workplace and that the imminent danger is
not immediately abated in the presence of the officer, he or she shall
notify the employees and the employer of the finding and shall recommend
to the Director that legal action be sought to restrain the conditions
or practices that are the cause of the imminent danger. 

b)	If, upon review of the officer's findings and recommendations, the
Director finds that an imminent danger exists in the workplace and has
not been abated, he or she shall file a complaint, in the circuit court
for the circuit in which the workplace is located, for appropriate
relief directing the employer or employee to cease and desist from the
practice or to alleviate the condition creating the imminent danger, as
authorized by the Safety Inspection and Education Act. 

c)	If the Director arbitrarily fails to seek relief under the Section,
any affected employee or representative can bring action against the
Director in circuit court for relief by mandamus to compel the Director
to seek an order and for further relief as may be appropriate.

Section 350.90  Complaints by Employees 

a)	General.  Any employee or representative of employees who believes
that conditions or practices exist in the workplace that constitute a
violation of any health and safety standard adopted under the Health and
Safety Act or that constitute an imminent danger to the health or safety
of the employees may request an inspection of the workplace by the
Department. The complaint can be formal or informal and will be handled
as other unprogrammed inspections are handled.

b)	Identity of Complainant.  The identity of the complainant shall be
kept confidential unless the complainant requests otherwise.

c)	Formalizing Oral Complaints.  Every effort will be make to formalize
oral complaints, including seeking further clarification of the hazard,
working conditions, locations, etc.  Attempts will be made to elicit a
complaint form signed by a current employee or employee representative. 
If a complaint is deemed to have no basis or relevance to the
occupational safety and health standards, the complainant will be
notified of the findings.

d)	Formal Complaints.  The request shall be made by submission of a
written complaint to the Department.  The complaint shall contain:

	1)	The name and address of the employer;

	2)	The specific location of the workplace that is the subject of the
complaint;

3)	A description of the specific conditions or practices that the
employees or representatives believe constitute a violation of the
standards or an imminent danger;

4)	The specific standards that the employees or representatives believe
have been violated, if known; and 

5)	The signature and contact information of the employees or
representatives submitting the complaint.

e)	If the Department determines that the complaint contains the required
information and allegations of conditions that, if true, would
constitute a violation of the standards, the Department shall conduct an
expedited inspection of the workplace within 14 calendar days after
receipt.  The inspection shall be conducted as expeditiously as
practicable considering the seriousness of the alleged violation or
danger, the availability of inspection officers, the location of the
workplace, and the complexity of the inspection. 

f)	A copy of the complaint shall be provided to the employer or
authorized representative during the opening conference.

g)	If the Department determines that the complaint, if true, would
constitute an imminent danger, the Department shall conduct a special
expedited inspection of the workplace.  The inspection shall be
conducted within one working day after the receipt of the complaint. 

h)	Informal Complaints.  Management within the Department's Public
Safety Education Division will decide how to handle all complaints. 
Based upon the severity/legitimacy of the complaint, either an on-site
inspection will be scheduled or a notification addressing the concern
will be sent to the affected employer.

Results.  The employer, employees' representative and the complainant
will be notified of the Department's findings within six months after
the date the Department received the complaint.

j)	Nondiscrimination.  No employer shall discharge or in any way
discriminate against any employee who files a complaint with the
Department.  Any such "whistleblower" complaints will be thoroughly
investigated and, if valid, appropriate relief will be sought in the
circuit court of the nearest principal Department office (i.e., Cook or
Sangamon County).

Section 350.100  General Inspection Procedures 

a)	Scope.  Comprehensive general inspections cover the majority of areas
of concern in an establishment.  When the focus of an inspection is
limited to certain potentially hazardous areas, operations, conditions
or practices, then the scope is considered to be a partial inspection. 

b)	Conduct of Inspection.  Times and places of inspections shall be set
by the Department or the inspection officer.

1)	Presenting Credentials.  At the beginning of an inspection, the
inspection officer or officers shall identify themselves to the
operator, supervisor, or agent in charge of the place of employment at
the time of the inspection and present credentials signed by the
Director to verify their identity.  When the person in charge is not
available, the inspection shall not be delayed unreasonably to await
that individual's arrival.  This delay should not normally exceed one
hour.  The physical inspection can be conducted without the
representative of the employer being present.  

2)	Refusal to Permit.  If the public employer refuses entry upon being
presented proper credentials or allows entry but then refuses to permit
or hinders the inspection in some way, the inspector shall leave the
premises and immediately report the refusal to the Area Manager.  The
Area Manager shall notify the Director and initiate the compulsory legal
process and/or obtain an administrative warrant for entry.

3)	Forcible Interference.  If an inspector encounters forcible
resistance, opposition, interference, etc., or is assaulted or
threatened with assault while engaged in the performance of official
duties, all investigative activity shall cease.  The Area Manager and
Director shall be notified immediately and appropriate legal action
taken.

4)	Strike/Labor Dispute.  If an unanticipated labor dispute at a
proposed inspection site is encountered, the inspector shall consult the
Area Manager as to how to proceed.  Programmed inspections may be
deferred during a strike or labor dispute; however, unprogrammed
inspections will proceed according to protocol.

5)	Employee Participation.  Employees and/or their representatives must
be given the opportunity to participate in all aspects of the
inspection.

c)	Opening Conference.  All affected employers shall be informed of the
purpose and scope of the inspection and provided a copy of the complaint
if applicable.  The opening conference shall include employees unless
the employer objects.  The opening conference shall be kept as brief as
possible.  A separate opening conference will be held to cover the scope
and details for the employees and/or their representatives if the
employer initially objects.

1)	Walkaround Representatives.  Representatives of the employer and
employees are allowed to accompany the inspector throughout the
inspection process.  Different representatives can be designated to
represent different aspects of the inspection if necessary.

2)	Disruptive Conduct.  The inspector may deny the right of
accompaniment to any person whose conduct interferes with a full and
orderly inspection.

3)	Trade Secrets and Classified Areas.  In order to assure trade secret
status or maintain classified security, employee representatives may be
excluded from affected areas during the walkthrough.  However, the
inspector shall interview employees present in classified areas or
involved in trade secret status work.

4)	Examination of Records.  The inspector shall review the
injury/illness records to the extent necessary to determine compliance
and assess trends.  Other written safety programs and records shall be
reviewed at the inspectors' professional discretion.

d)	Walkaround Inspection.  The purpose of the walkaround inspection is
to identify potential safety and/or health hazards in the workplace. 
The inspection shall be conducted in such a manner as to eliminate
unnecessary personal exposure to hazards and to minimize unavoidable
exposure to the extent possible.  The employer's safety and health
program shall be evaluated to ascertain the employer's good faith. 
Apparent violations shall be brought to the attention of the employer
and employee representatives at the time they are documented.

1)	Collecting Samples.  The inspector shall determine as soon as
possible after the start of the inspection whether samples (i.e., air
samples, noise samples, etc.) will be collected.  Summaries of the
sampling results will be provided to all parties present as soon as
practicable.

2)	Taking Photographs/Video.  The inspector shall take photographs or
videotapes whenever there is a need.  Any photos that support violations
shall be properly labeled and included in the file.

3)	Interviews.  A free and open exchange of information between the
inspector and the employees is essential for an effective inspection. 
Interviews shall be conducted in a reasonable manner and normally will
be conducted during the walkaround; however, they can be conducted at
any time and any location.  Privacy shall be maintained in the interview
process if the employee so requests.

4)	Employer Abatement Assistance.  Inspectors shall offer appropriate
abatement assistance during the walkaround, suggesting how workplace
hazards might be eliminated.  The information shall provide guidance to
the employer in developing acceptable abatement methods or in seeking
appropriate professional assistance.

e)	Closing Conferences.  At the conclusion of the inspection, the
inspector shall conduct a closing conference with the employer and
employee representatives, jointly or separately as circumstances
dictate.  The closing conference may be conducted at the site or by
teleconference as deemed appropriate by the inspector.  The inspector
shall describe the apparent violations found during the inspection,
abatement means, timeframes and other pertinent issues.  Both the
employer and the employee representatives shall be informed of their
rights to appeal and to participate in any subsequent conferences,
meetings or discussions, and of their right to contest.  Conference
attendance records shall become part of the file.

f)	Special Inspection Procedures.  Follow-up and monitoring inspections
are necessary to determine if the previously cited violations have been
corrected.  Monitoring may be conducted to determine if hazards are
being corrected and employees are being protected, whenever a long
period of time is needed for an establishment to obtain compliance or
verify compliance.  Follow-up or monitoring inspections would not
normally be conducted when evidence of abatement is provided by the
employer. 

1)	Failure to Abate.  If the employer has not corrected a violation for
which a citation has been issued and the abatement date has passed, a
failure to abate violation is issued.  The Area Manager shall implement
the appropriate measures to rectify the situation, be it extension of
deadlines or institution of legal action.

2)	Reports.  A copy of the original citation shall be reissued, along
with a brief explanation of the outstanding citations.  If more than one
citation was originally issued and some hazards were corrected, it
should be noted on the follow-up report.  The follow-up inspection
reports shall be included in the original (parent) case file.

Section 350.110  Violations 

a)	Standards and Regulations.  The Health and Safety Act states that
each public employer has a responsibility to comply with the
occupational safety and health standards promulgated under the Act.  The
specific standards are found in the federal Department of Labor's
Occupational Safety and Health Standards in 29 CFR 1910 (see Section
350.300 for incorporation by reference information).  Subparts A and B
of 29 CFR 1910 specifically establish the source of the standards that
are the basis of violations.  The most specific subdivision of the
standard shall be used for citing violations.  Any employer who has been
granted a variance from a standard can be cited for violating the
standard with a reference to the fact that the provisions of the
variance had not been met.

b)	Types of Violations.  The citations will be classified according to
the following categories:

1)	Other-than-Serious.  This type of violation shall be cited where the
most serious injury or illness that would be likely to result form a
hazardous condition cannot reasonably be predicted to cause death or
serious physical harm to exposed employees, but does have a direct and
immediate relationship to their safety and health.

2)	Serious.  A serious violation shall be deemed to exist in a place of
employment if there is a substantial probability that death or serious
physical harm could result from a condition that exists, or from one or
more practices, means, methods, operations, or processes that have been
adopted or are in use in the place of employment, unless the employer
did not, and could not with the exercise of reasonable discipline, know
of the violation.  Four elements must be considered before deeming a
violation to be serious:

A)	The type of accident or health hazard exposure that the violated
standard is designed to prevent.

B)	The most serious injury or illness that could reasonably be expected
to result from the type of accident or health exposure.

C)	Whether the results of the injury or illness could include death or
serious physical harm.

D)	Whether the employer knew, or with the exercise of due diligence
could have known, of the hazardous condition.

3)	General Duty Clause.  The general duty provisions of the Health and
Safety Act shall be used for citations only where there is no standard
that applies to the particular hazard involved.

4)	Willful.  A willful violation exists under the Act when the evidence
shows either an intentional violation of the Act or plain indifference
to its requirements.  It is not necessary that the violation be
committed with a bad purpose or evil intent.  It is sufficient that the
violation was deliberate, voluntary or intentional.

5)	Criminal/Willful.  Any employer who willfully violates any standard,
rule or order promulgated under the Health and Safety Act, or of any
regulations prescribed pursuant to that Act, and that violation caused
death to any employee, shall, upon conviction, be punished by a fine of
not more than $10,000 or by imprisonment for not more than six months or
both (Section 2.3 of Safety Inspection and Education Act).  The
following criteria shall be considered in investigating possible
criminal/willful violations:

A)	The employer violated a specific standard.  A criminal/willful
violation cannot be based on a general duty clause violation.

B)	The violation was willful in nature.

C)	The violation of the standard caused the death of an employee.  There
must be evidence in the file that clearly demonstrates that the
violation of the standard was the cause of, or a contributing factor to,
an employee's death.  When a willful violation is related to a fatality
and a civil citation is issued, the case file must contain succinct
documentation regarding the decision not to make a criminal referral.

c)	Repeated.  An employer may be cited for a repeated violation if that
employer has been cited previously for a substantially similar condition
and that citation has become a final order.

d)	De Minimis.  Violations of the standards that have no direct or
immediate relationship to safety or health shall not be included in
citations.  The employer shall be verbally notified of the violations
and the inspector shall record the violation and the notification in the
case file.

e)	Writing Citations.  The inspector shall, with reasonable promptness,
issue a citation to the employer.  To facilitate the prompt issuance of
citations, the Area Manager may issue citations that are unrelated to
health inspection air sampling prior to the receipt of sampling results.

1)	Each citation shall include the following:

A)	The date of the inspection; 

B)	A description of the conditions or practices found to be in violation
of the health and safety standards; 

C)	The specific health and safety standards that have been or are being
violated; 

D)	A specific abatement date based upon consideration of factors such as
the availability of necessary materials, cost, degree of risk present
prior to abatement, and extent of anticipated disruption of business; 

E)	A statement that the employer has the right to appeal the citation
and a description of the procedures for appealing the citation; and 

F)	A statement that the employer may not discharge or discriminate
against any employee because the employee has filed a complaint or
otherwise provided information to the Department concerning any
conditions or practices related to alleged health and safety violations
or because of the employee's exercise of any other rights provided by
the Health and Safety Act. 

2)	Issuance Time Frame.   A citation shall not be issued when any
violation alleged in the citation occurred six months or more prior to
the date on which the citation is actually signed and dated.

3)	Mailing.  Citations shall be sent by certified mail.  Hand delivery
of citations to the employer or an appropriate agent of the employer may
be substituted for certified mailing if it is believed that this method
would be more effective.   Citations shall be mailed to employee
representatives no later than one day after the citation is sent to the
employer.

4)	Amending.  A citation shall be amended or withdrawn when information
is presented to the Area Manager indicating a need for the revision.

5)	Posting.  A copy of the citation shall be posted prominently at or
near the place where the violation occurred for three days or until the
hazard is abated, whichever is longer.

f)	Abatement.  The abatement period shall be the shortest interval
within which the employer can reasonably be expected to correct the
violation.

1)	Verification.   The Area Manager is responsible for determining if
abatement has been accomplished.  When abatement is not accomplished
during the inspection or the employer does not notify the Area Manager
by letter of the abatement, either a follow-up inspection will be
scheduled or a letter requesting confirmation of abatement will be
mailed.  The type of violation will dictate the degree of follow-up
response.

2)	Contested Citation or Abatement Period.  In situations where an
employer contests either the period set for the abatement or the
citation itself, the abatement period shall not begin until the citation
and abatement period have been affirmed by the Area Manager.

3)	Long-term Abatement Date.  Long-term abatement is abatement that will
be completed more than one year from the citation issuance date.  If it
is difficult to set a specific abatement date when the citation is
originally issued (e.g., because of extensive redesign requirements
associated with appropriate engineering controls and uncertainty as to
when the job can be finished), the inspector shall discuss the problem
with the employer at the closing conference and, in appropriate cases,
shall encourage the employer to seek an informal conference with the
Area Manager.

A)	A specific date for final abatement shall, in all cases, be included
in the citation.

B)	The employer is required to submit an abatement plan outlining the
anticipated long-term abatement procedures.

g)	Penalties.  The penalty structure is designed primarily to provide an
incentive toward correcting violations voluntarily, not only to the
offending employer but, more especially, to other employers who may be
guilty of the same infractions.  While penalties are not designed
primarily as a punishment for violations, the penalty amounts should be
sufficient to serve as an effective deterrent to violations.

1)	Civil Penalties

A)	Serious, Other-than-Serious and Failure to Abate.  Any employer who
has received a citation for any alleged violation that is determined to
be of serious or other-than-serious nature under subsection (b)(1) or
(b)(2) or for failure to abate shall be assessed a civil penalty of up
to $1,000 for each violation.  This is a statutory minimum and is not
subject to administrative discretion.

B)	Repeated Violations.  An employer who repeatedly violates the Health
and Safety Act may be assessed a civil penalty of not more than $10,000
for each violation.

C)	Willful Violations.  An employer who willfully violates the Health
and Safety Act may be assessed a civil penalty of not more than $10,000.

2)	Criminal Penalties. 

A)	The Health and Safety Act provides for criminal penalties in the
following cases:

i)	Willful violation of a standard, rule or order causing the death of
an employee.

ii)	Giving unauthorized advance notice of an inspection.

iii)	Giving false statements or information to the Department.

iv)	Killing, assaulting or hampering the work of an inspector.

B)	Criminal penalties are imposed by the court system after trials and
not by the Illinois Department of Labor.

Section 350.120  Review System for Contested Cases

a)	The Director and/or his/her designee shall afford a hearing to any
public employer who, within 15 days after receiving a citation, a
proposed assessment of penalty or a notification of violation of a
health and safety standard, makes a written request for a hearing.  The
interested employer can base the request on an appeal of the citation
order, the notice of penalty or the abatement period.

b)	The Director and/or his/her designee shall afford a hearing to any
employee or representative who makes a written request for a hearing
within 15 working days after receipt of a citation order.  The hearing
will be limited to appealing the period of time fixed in the citation
for the abatement of the violation.

c)	The Director, after considering the evidence presented in a formal
hearing, will enter a final decision and order no later than 15 working
days after the hearing that affirms, modifies or vacates the original
citation, proposed penalty or abatement period.

d)	Any party adversely affected by a final violation order or
determination of hearing by the Director and/or designee may obtain a
judicial review by filing a complaint for review within 35 days after
the order is entered.  If no appeal is taken within the 35 days, the
order of the Director shall become final.

e)	The Area Manager can conduct an informal review of citations and
abatement dates upon request by interested parties or public employers
prior to a formal appeal.  The Area Manager may modify or withdraw a
penalty, a citation or a citation item if the employer presents evidence
that convinces the Area Manager that the changes are justified.

f)	Hearings conducted by the Department under this Part shall be
conducted in accordance with Article 10 of the Illinois Administrative
Procedure Act [5 ILCS 100/Art. 10] and 56 Ill. Adm. Code 120. 

Section 350.130  Posting of Notice 

a)	Poster.  Each employer covered by this Part shall post and keep
posted a notice to be furnished by the Department, upon request,
informing employees of the protections and obligations provided for in
the Acts.  The notice shall contain a general description of the
provisions of the Acts.  The notice shall indicate that employees may
contact the Department to obtain assistance or additional information,
such as copies of the Acts and information concerning how to obtain
copies of specific standards.  The requirement that employers post the
notice required in this subsection shall not be enforced until the
Department has made the notice available to employers. 

b)	Location.  The notice shall be posted by the employer in each place
of business in a conspicuous location or locations where notices to
employees are customarily posted.  Each employer shall take reasonable
steps to insure that the notice is not altered, defaced, removed, or
covered by other material. 

c)	Violation.  An Other-than-Serious citation shall be issued with a
proposed penalty of $1,000 for not posting the Job Safety and Health
Protection for Public Employees poster.

Section 350.140  Voluntary Compliance Program 

a)	Advisory Inspection.  Any employer covered by this Part may request
an advisory inspection by the Department.  The request shall include a
statement signed by the employer or his representative that any
violations discovered during the course of the requested inspection will
be abated if the Department finds that the violations constitute
conditions or practices that are likely to result in death or serious
physical harm to the employees in the workplace.  In making this
determination, the Department will consider factors such as the location
of the hazard, the proximity of the employees to the hazard, and the
availability of alternatives to continued exposure to the hazard. 

1)	The Department shall conduct an advisory inspection based on the
employer's request, unless it finds that an employee complaint has been
filed, that inspection officers are unavailable to conduct the
inspection, or that a regular inspection will be, or has been, conducted
that would make an advisory inspection duplicative. 

2)	No citations shall be issued as a result of an advisory inspection.
The employer shall be fully informed of any violations uncovered by the
inspection and whether any citations would have been issued.

b)	Training and Education Programs.  The Division will provide
professional training programs and educational seminars upon request
from any public employer, at no cost.

c)	Priority.  Advisory inspections will be scheduled and conducted at
the inspector's and employer's convenience, along with other programmed
inspections.

d)	Public Information Programs.  The Division will make staff available
to present professional programs for seminars and meetings.  The
Division will also present public information programs on behalf of the
Department on an as needed basis.

e)	Program Evaluations.  Any written programs required by the standards
can be submitted for professional review.  A report will be provided
outlining any changes or corrections.

f)	Ongoing Support.  The staff of the Department's Public Safety
Education Division will be available during normal office hours to
answer questions and provide consultation on an as-needed basis.

SUBPART B:  RECORDS OF INJURIES AND ILLNESSES

Section 350.210  Emergency Notification 

After the occurrence of an employment incident that is fatal to one or
more employees or that results in hospitalization of three or more
employees, the employer shall report the incident to the Department as
soon as physically possible.  The notification shall be made within
eight hours after the incident or death.  The employer shall notify the
Department orally or in writing by telephone, facsimile or electronic
mail.  The notification shall relate the circumstances of the incident,
the number of fatalities, the number of employees hospitalized, and the
extent of the injuries. 

Section 350.220  Recordable Injuries and Illnesses 

a)	Records of occupational injuries and illnesses must be completed and
maintained in accordance with the applicable provisions outlined in 29
CFR 1904 by the employer for every occupational death, every nonfatal
occupational illness, and every nonfatal occupational injury that
results in death, loss of consciousness, days away from work, restricted
work activity or job transfer, or medical treatment beyond first aid. 
An injury or illness is considered work-related if an event or exposure
in the work environment caused or contributed to the condition or
significantly aggravated a preexisting condition.

b)	The following conditions must also be recorded, when they are
work-related:

1)	Any needlestick injury or cut from a sharp object that is
contaminated with another person's blood or other potentially infectious
material;

2)	Any case requiring an employee to be medically removed under the
requirements of an OSHA health standard; and

3)	Tuberculosis infection as evidenced by a positive skin test or
diagnosis by a physician or other licensed healthcare provider after
exposure to a known case of active tuberculosis.

4)	An employee's hearing test reveals that the employee has experienced
a Standard Threshold Shift (STS) in hearing in one or both ears and the
employee's total hearing level is 25 decibels or more above audiometric
zero in the same ear or ears as the STS.

c)	Medical treatment includes managing and caring for a patient for the
purpose of combating disease or disorder.  The following are not
considered medical treatment, thus are not recordable:

1)	Visit to a doctor or healthcare professional solely for observation
or counseling;

2)	Diagnostic procedures, including administering prescription
medications that are used solely for diagnostic purposes; and

3)	Any procedure that can be labeled first aid.

d)	Incidents requiring only the following types of treatment are
considered first aid and are not required to be recorded: 

1)	Using non-prescription medications at non-prescription strength;

2)	Administering tenanus immunizations;

3)	Cleaning, flushing, or soaking wounds on the skin surface;

4)	Using wound coverings, such as bandages, BandAids(, gauze pads, etc.,
or using SteriStrips( or butterfly bandages;

5)	Using hot or cold therapy;

6)	Using any totally non-rigid means of support, such as elastic
bandages, wraps, non-rigid back belts, etc;

7)	Using temporary immobilization devices while transporting a victim
(splints, slings, neck collars, or backboards);

8)	Drilling a fingernail or toenail to relieve pressure, or draining
fluid from blisters;

9)	Using eye patches;

10)	Using simple irrigation or a cotton swab to remove foreign bodies
not embedded in or adhered to the eye;

11)	Using irrigation, tweezers, cotton swabs or other simple means to
remove splinters or foreign material from areas other than the eye;

12)	Using finger guards;

13)	Using massages;

14)	Drinking fluids to relieve heat stress.

Section 350.230  Log of Injuries and Illnesses – OSHA 300 

a)	Each employer shall maintain in each workplace an OSHA 300 log of all
recordable occupational injuries and illnesses for that workplace.  The
name of the establishment, the city and state and the year must be
designated at the top of the log.  Within seven calendar days after
receiving information about a case, the employer shall: 

1)	Decide if the case is recordable under the recordkeeping provisions
of Section 350.220.

2)	Determine whether the incident is a new case or a recurrence of an
existing one.

3)	Establish whether the case was work-related.

4)	Decide which form to fill out as the injury/illness incident report
form required under Section 350.240(a), OSHA 301: Injury and Illness
Incident Report, or the Illinois Workers' Compensation Commission Form
45: Employer's First Report of Injury, or a suitable substitute that
contains the same information as either of those two forms.

b)	The OSHA 300 log shall contain the following information for each
recordable injury and illness:   

1)	A unique case number assigned by the employer to this specific
illness or injury to facilitate comparisons with the supplementary
record of the illness or injury; 

2)	The name of the affected employee, unless protected as a privacy case
due to the nature of the injury/illness; 

3)	The job title of the employees;

4)	The date of the injury or onset of illness; 

5)	Where the event occurred; 

6)	A description of the injury or illness, parts of the body affected,
and object/substance that directly injured or made the person ill (i.e.,
second degree burns on right forearm from acetylene torch); 

7)	The most serious result from each case: 

	A)	Death;

	B)	Days away from work;

	C)	Remained at work; job transfer or restriction (see federal form);

	D)	Remained at work; other recordable cases (see federal form);

8)	The designation of injury or the type of illness (i.e., skin
disorder, respiratory condition, poisoning, hearing loss, all other
illnesses); 

9)	The number of days the injured or ill worker was either on job
transfer or restriction or away from work.

c)	The OSHA 300 log and its supplementary information must be retained
for five years by the employer. 

Section 350.240  Injury and Illness Incident Report – OSHA 301 

a)	In addition to the OSHA 300 log of injuries and illnesses, each
employer shall maintain in each workplace a supplementary record of each
recordable occupational injury and illness for that workplace.  The
employer shall complete the incident report and make it available as
early as practicable, but no later than seven calendar days after
receiving information that a recordable injury or illness has occurred. 
The OSHA 301, or the Illinois Workers' Compensation Commission Form 45
or a suitable substitute that contains the same information may be used
as the supplementary record.  Records shall be available to any agency
requesting them pursuant to Section 4(b) of the Health and Safety Act.

b)	The OSHA 301 injury and illness incident report shall contain the
following information for each recordable injury and illness:

1)	Information about the employee:

	A)	Full name and address.

	B)	Date of birth and date of hire.

	C)	Gender.

2)	Information about the physician or other health care professional:

	A)	Name of physician or health care professional.

	

	B)	Location where treatment was administered.

C)	If an emergency room was visited or if the employee was hospitalized
overnight as an in-patient.

3)	Information about the case:

	A)	Case number corresponding to the Log of Injuries/Illnesses.

	B)	Date of Injury or Illness.

	C)	Time employee began work and time of event, if known.

	D)	What the employee was doing just before the incident occurred.

	E)	What happened.

	F)	What was the injury or the illness.

	G)	What object or substance directly harmed the employee.

	H)	If the employee died, date of death.

c)	The name and title of the individual who completed the form, along
with the telephone number and the date of completion.

d)	This form must be kept on file for five years following the year to
which it pertains.  The Incident Report Form has to be completed within
7 days after notice of the injury or illness.  These forms shall be
maintained for at least 5 years.

Section 350.250  Annual Summary of Work-Related Injuries and Illnesses
– OSHA 300A

a)	Each employer shall post an annual summary of work-related injuries
and illnesses for each workplace.  The summary shall be presented on
OSHA Form 300A. 

b)	The summary shall present the year's totals of injuries and
illnesses, including the following:   

1)	Number of cases, including:

	A)	Total number of deaths;

	B)	Total number of cases, with days away from work;

	C)	Total number of cases, with job transfer or restriction; and

	D)	Total number of other recordable cases.

2)	Number of days:

A)	Total number of days away from work; and

B)	Total number of days of job transfer or restriction.

3)	Injury and Illness Types:

	A)	Total number of injuries; and

B)	Total number of skin disorders, respiratory conditions, poisonings
and all other illnesses.

c)	The summary shall also contain the establishment information (agency
name, complete address, SIC/NAICS code), some employment figures (NAICS
code, average number of employees and total hours worked) and
certification by an executive of the State or local agency.  Knowingly
falsifying this document can result in a fine. 

d)	All establishments must complete the summary page, even if no
work-related injuries or illnesses occurred during the year.  Employees,
former employees and their representatives have the right to review the
Injury/Illness Log (Form 300) in its entirety.  They also have limited
access to the Injury/Illness Incident (OSHA Form 301) form based on
privacy rights (29 CFR 1904.35, Employee Involvement).

e)	The OSHA 300A summary page must be posted from February 1 to April 30
of the year following the year covered by the form.  It must be posted
in a conspicuous location where employees have the opportunity to view.

f)	The OSHA 300A annual summary must be retained for five years, along
with the supplementary information.

SUBPART C:  FEDERAL STANDARDS

Section 350.300  Adoption of Federal Standards 

a)	Incorporations.  All materials incorporated by this Section are
incorporated as of the date specified and do not include any later
amendments or editions. 

1)	Pursuant to Section 4 of the Health and Safety Act, the Department
hereby incorporates by reference the general health and safety standards
and special maritime and construction industry standards adopted by the
federal Occupational Safety and Health Administration as effective
September 30, 2005. These standards are located at 29 CFR 1904, 1910,
1915, and 1926. 

2)	The following interpretations of 29 CFR 1910.134, Respiratory
Protection Standard (1998) are incorporated into this Part.  Copies are
available at the Department's Chicago office.  Copies of the federal
Occupational Safety and Health Administration material may also be
obtained at
http://www.osha-slc.gov/SLTC/respiratoryprotection/index.html. 

	

Preamble:  Respiratory Protection; Final Rule, 63 Fed. Reg. 1152 (Jan.
8, 1998) 

Questions & Answers on the Respiratory Protection Standard, OSHA
Memorandum (Aug. 17, 1998) 

− A Guideline on OSHA's 1998 Update of Its 1971 Respiratory Protection
Standard (Mar. 9, 1999) 

3)	The following interpretation of 29 CRF 1910 and 1926, Standards
Improvement (Miscellaneous Changes) for General Industry and
Construction Standards; Paperwork Collection for Coke Oven Emissions and
Inorganic Arsenic (1998); 29 CFR 1915 and 1926, Occupational Exposure to
Asbestos (1998); 29 CFR 1910, Methylene Chloride (1998); 29 CFR 1910,
Permit-Required Confined Spaces (1998); and 29 CFR 1910, 1915, 1917,
1918, and 1926, Powered Industrial Truck Operator Training (1999) are
incorporated into this Part.  Copies are available at the Department's
Chicago office.  Copies may also be obtained at
http://www.osha.gov/comp-links.html. 

	Preamble: Standards Improvement (Miscellaneous Changes) for General
Industry and Construction Standards; Paperwork Collection for Coke Oven
Emissions and Inorganic Arsenic; Final Rule, 63 Fed. Reg. 33450 (June
18, 1998) 

	Preamble:  Occupational Exposure to Asbestos; 63 Fed. Reg. 35137 (June
29, 1998) 

	Preamble: Methylene Chloride; Final Rule, 63 Fed. Reg. 50711 (Sept. 22,
1998) 

	Preamble: Permit-Required Confined Spaces; Final Rule, 63 Fed. Reg.
66018 (Dec. 1, 1998) 

	Preamble: Powered Industrial Truck Operator Training; Final Rule, 63
Fed. Reg. 66238 (Dec. 1, 1998) 

4)	The following interpretation of 29 CFR 1910, Dipping and Coating
Operations (1999) is incorporated into this Part.  Copies are available
at the Department's Chicago office.  Copies may also be obtained at
http://www.osha.gov/comp-links.html. 

	Preamble: Dipping and Coating Operations; Final Rule, 64 Fed. Reg.
13897 (Mar. 23, 1999) 

5)	The following interpretation of 29 CFR 1926, Safety Standards for
Steel Erection (2001) and 29 CFR 1910, Occupational Exposure to
Bloodborne Pathogens; Needlesticks and Other Sharps Injuries (2001) are
incorporated into this Part.  Copies are available at the Department's
Chicago office.  Copies may also be obtained at
http://www.osha.gov/comp-links.html. 

	Preamble:  Safety Standards for Steel Erection; Final Rule, 66 Fed.
Reg. 5196 (Jan. 18, 2001) 

	Preamble:  Occupational Exposure to Bloodborne Pathogens; Needlesticks
and Other Sharps Injuries; Final Rule, 66 Fed. Reg. 5318 (Jan. 18, 2001)


6)	The following interpretation of 29 CFR 1910.36, 1910.37, 1910.38 and
1910.39, Exit Routes, Emergency Action Plans and Fire Prevention Plans,
Final Rule (Nov. 11, 2002); 29 CFR 1904, Occupational Injury and Illness
Recording and Reporting, Final Rule (July 1, 2002 and December 17, 2002
update); 29 CFR 1910.139, Termination of Rulemaking Respiratory
Protection for M. Tuberculosis, Final Rule (Dec. 31, 2003); 29 CFR
1915.52, Fire Protection in Shipyard Employment, Final Rule (Sept. 15,
2004); and 29 CFR 1910 et al., Standards Improvement Project – Phase
II (Jan. 5, 2005) are incorporated into this Part.  Copies are available
at any of the Department's offices.  Copies may also be obtained at
http://www.osha.gov.

b)	The Department shall consider any subsequent amendments to the health
and safety standards adopted by the federal Occupational Safety and
Health Administration.  Such amendments will be adopted by reference, or
substitute provisions that provide equivalent protection will be
adopted.  Amendments will be adopted through filing with the Secretary
of State and publication in the Illinois Register as required by Section
5-40 of the Illinois Administrative Procedure Act [5 ILCS 100/5-40]. 

c)	The Department hereby adopts as a rule of the Department, through
incorporation by reference, 29 CFR 1910.1030, Occupational Exposure to
Bloodborne Pathogens (1991). The dates listed in paragraph (i) of 29 CFR
1910.1030 are not applicable to Illinois public sector employers.  The
effective date (paragraph (i)(1) of the adopted standard) for the
Illinois public sector shall be January 19, 1993.  The compliance date
for paragraph (i)(2) of the adopted standard shall be February 18, 1993,
the date for paragraph (i)(3) shall be March 20, 1993, and the date for
paragraph (i)(4) shall be April 19, 1993. 

d)	The effective dates for 29 CFR 1910.119(e)(1)(i), (ii), (iii), and
(iv), which establish timelines for hazard analyses for hazardous
materials, are one, two, three, and four years, respectively, after
August 1, 1994. 

	ILLINOIS REGISTER	

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DEPARTMENT OF LABOR

NOTICE OF ADOPTED RULES

