HB2488 EngrossedLRB104 06524 SPS 16560 b HB2488 Engrossed LRB104 06524 SPS 16560 b
HB2488 Engrossed LRB104 06524 SPS 16560 b
1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Occupational Safety and Health Act is
5 amended by changing Section 85 as follows:
6 (820 ILCS 219/85)
7 Sec. 85. Civil penalties.
8 (a) After an inspection of a workplace under this Act, if
9 the Director issues a citation, he or she shall, within 5 days
10 after issuing the citation, notify the employer by certified
11 mail, or by email to an email address previously designated by
12 the employer for purposes of receiving notice under this Act,
13 of any civil penalty proposed to be assessed for the violation
14 set forth in the citation.
15 (b) If the Director has reason to believe that an employer
16 has failed to correct a violation for which a citation has been
17 issued within the period permitted for its correction, the
18 Director shall notify the employer by certified mail, or by
19 email to an email address previously designated by the
20 employer for purposes of receiving notice under this Act, of
21 that failure and of the civil penalty proposed to be assessed
22 for that failure.
23 (c) Civil penalties authorized under this Section are as
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1 follows:
2 (1) A public employer that repeatedly violates this
3 Act, the Safety Inspection and Education Act, or the
4 Health and Safety Act, or any combination of those Acts,
5 or any standard, rule, regulation, or order under any of
6 those Acts, may be assessed a civil penalty of not more
7 than $10,000 per violation.
8 (2) A public employer that intentionally violates this
9 Act, the Safety Inspection and Education Act, or the
10 Health and Safety Act, or any standard, rule, regulation,
11 or order under any of those Acts, or who demonstrates
12 plain indifference to any provision of any of those Acts
13 or any such standard, rule, regulation, or order, commits
14 a willful violation and may be assessed a civil penalty of
15 not more than $70,000 $10,000 per violation.
16 (3) A public employer that has received a citation for
17 a serious violation of this Act, the Safety Inspection and
18 Education Act, or the Health and Safety Act, or any
19 standard, rule, regulation, or order under any of those
20 Acts, may be assessed a civil penalty up to $1,000 for each
21 such violation.
22 (4) A public employer that has received a citation for
23 a violation of this Act, the Safety Inspection and
24 Education Act, or the Health and Safety Act, or any
25 standard, rule, regulation, or order under any of those
26 Acts, which is not a serious violation, may be assessed a
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1 civil penalty of up to $1,000 for each such violation.
2 (5) A public employer that violates a posting
3 requirement is subject to the following citations and
4 proposed penalty structure:
5 (A) Job Safety and Health Poster: an other than
6 serious citation and a proposed penalty of $1,000.
7 (B) Annual Summary of Work-Related Injuries and
8 Illnesses (OSHA Form 300A): an other than serious
9 citation and a proposed penalty of $1,000, even if
10 there are no recordable injuries or illnesses.
11 (C) Citation: an other than serious citation and a
12 proposed penalty of $1,000.
13 (6) A public employer that fails to correct a
14 violation for which a citation has been issued within the
15 time period permitted may be assessed a civil penalty of
16 up to $1,000 for each day the violation continues.
17 (d) For purposes of this Section, a "serious violation"
18 shall be deemed to exist in a workplace if there is a
19 substantial probability that death or serious physical harm
20 could result from (i) a condition which exists or (ii) one or
21 more practices, means, methods, operations, or processes which
22 have been adopted or are in use in the workplace, unless the
23 employer did not know and could not, with the exercise of
24 reasonable diligence, have known of the presence of the
25 violation.
26 (e) The Director may assess civil penalties as provided in
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1 this Section, giving due consideration to the appropriateness
2 of the penalty. A penalty may be reduced by the Director or the
3 Director's authorized representative based on the public
4 employer's good faith, size of business, and history of
5 previous violations.
6 (f) The Attorney General may bring an action in the
7 circuit court to enforce the collection of any civil penalty
8 assessed under this Act.
9 (g) All civil penalties collected under this Act shall be
10 deposited into the General Revenue Fund of the State of
11 Illinois.
12 (Source: P.A. 102-705, eff. 1-1-23.)
13 Section 99. Effective date. This Act takes effect October
14 1, 2025.
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