Illinois 2025-2026 Regular Session

Illinois House Bill HB2488 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB2488 EngrossedLRB104 06524 SPS 16560 b HB2488 Engrossed LRB104 06524 SPS 16560 b
2		-	HB2488 Engrossed LRB104 06524 SPS 16560 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2488 Introduced , by Rep. Gregg Johnson SYNOPSIS AS INTRODUCED: 820 ILCS 219/85 Amends the Occupational Safety and Health Act. Provides that a public employer that willfully (rather than intentionally) violates the Act, the Safety Inspection and Education Act, or the Health and Safety Act, or any standard, rule, regulation, or order under any of those Acts, or who demonstrates plain indifference to any provision of any of those Acts or any such standard, rule, regulation, or order, may be assessed a civil penalty of not more than $70,000 per violation (rather than $10,000 per violation). LRB104 06524 SPS 16560 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2488 Introduced , by Rep. Gregg Johnson SYNOPSIS AS INTRODUCED: 820 ILCS 219/85 820 ILCS 219/85 Amends the Occupational Safety and Health Act. Provides that a public employer that willfully (rather than intentionally) violates the Act, the Safety Inspection and Education Act, or the Health and Safety Act, or any standard, rule, regulation, or order under any of those Acts, or who demonstrates plain indifference to any provision of any of those Acts or any such standard, rule, regulation, or order, may be assessed a civil penalty of not more than $70,000 per violation (rather than $10,000 per violation). LRB104 06524 SPS 16560 b LRB104 06524 SPS 16560 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2488 Introduced , by Rep. Gregg Johnson SYNOPSIS AS INTRODUCED:
	3	+	820 ILCS 219/85 820 ILCS 219/85
	4	+	820 ILCS 219/85
	5	+	Amends the Occupational Safety and Health Act. Provides that a public employer that willfully (rather than intentionally) violates the Act, the Safety Inspection and Education Act, or the Health and Safety Act, or any standard, rule, regulation, or order under any of those Acts, or who demonstrates plain indifference to any provision of any of those Acts or any such standard, rule, regulation, or order, may be assessed a civil penalty of not more than $70,000 per violation (rather than $10,000 per violation).
	6	+	LRB104 06524 SPS 16560 b LRB104 06524 SPS 16560 b
	7	+	LRB104 06524 SPS 16560 b
	8	+	A BILL FOR
	9	+	HB2488LRB104 06524 SPS 16560 b HB2488 LRB104 06524 SPS 16560 b
	10	+	HB2488 LRB104 06524 SPS 16560 b
3	11		1 AN ACT concerning employment.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Occupational Safety and Health Act is
7	15		5 amended by changing Section 85 as follows:
8	16		6 (820 ILCS 219/85)
9	17		7 Sec. 85. Civil penalties.
10	18		8 (a) After an inspection of a workplace under this Act, if
11	19		9 the Director issues a citation, he or she shall, within 5 days
12	20		10 after issuing the citation, notify the employer by certified
13	21		11 mail, or by email to an email address previously designated by
14	22		12 the employer for purposes of receiving notice under this Act,
15	23		13 of any civil penalty proposed to be assessed for the violation
16	24		14 set forth in the citation.
17	25		15 (b) If the Director has reason to believe that an employer
18	26		16 has failed to correct a violation for which a citation has been
19	27		17 issued within the period permitted for its correction, the
20	28		18 Director shall notify the employer by certified mail, or by
21	29		19 email to an email address previously designated by the
22	30		20 employer for purposes of receiving notice under this Act, of
23	31		21 that failure and of the civil penalty proposed to be assessed
24	32		22 for that failure.
25	33		23 (c) Civil penalties authorized under this Section are as
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29		-	HB2488 Engrossed LRB104 06524 SPS 16560 b
	37	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2488 Introduced , by Rep. Gregg Johnson SYNOPSIS AS INTRODUCED:
	38	+	820 ILCS 219/85 820 ILCS 219/85
	39	+	820 ILCS 219/85
	40	+	Amends the Occupational Safety and Health Act. Provides that a public employer that willfully (rather than intentionally) violates the Act, the Safety Inspection and Education Act, or the Health and Safety Act, or any standard, rule, regulation, or order under any of those Acts, or who demonstrates plain indifference to any provision of any of those Acts or any such standard, rule, regulation, or order, may be assessed a civil penalty of not more than $70,000 per violation (rather than $10,000 per violation).
	41	+	LRB104 06524 SPS 16560 b LRB104 06524 SPS 16560 b
	42	+	LRB104 06524 SPS 16560 b
	43	+	A BILL FOR
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	49	+	820 ILCS 219/85
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34	68		1 follows:
35	69		2 (1) A public employer that repeatedly violates this
36	70		3 Act, the Safety Inspection and Education Act, or the
37	71		4 Health and Safety Act, or any combination of those Acts,
38	72		5 or any standard, rule, regulation, or order under any of
39	73		6 those Acts, may be assessed a civil penalty of not more
40	74		7 than $10,000 per violation.
41		-	8 (2) A public employer that intentionally ~~violates this~~
42		-	9 Act, the Safety Inspection and Education ~~Act, or the~~
43		-	10 Health and Safety Act, or any standard, rule, ~~regulation,~~
44		-	11 or order under any of those Acts, or who ~~demonstrates~~
45		-	12 plain indifference to any provision of any of ~~those Acts~~
46		-	13 or any such standard, rule, regulation, or ~~order, commits~~
47		-	14 ~~a willful violation and~~ may be assessed a civil penalty of
48		-	15 ~~not more than~~ $70,000 $10,000 per violation.
	75	+	8 (2) A public employer that willfully intentionally
	76	+	9 violates this Act, the Safety Inspection and Education
	77	+	10 Act, or the Health and Safety Act, or any standard, rule,
	78	+	11 regulation, or order under any of those Acts, or who
	79	+	12 demonstrates plain indifference to any provision of any of
	80	+	13 those Acts or any such standard, rule, regulation, or
	81	+	14 order, may be assessed a civil penalty of not more than
	82	+	15 $70,000 $10,000 per violation.
49	83		16 (3) A public employer that has received a citation for
50	84		17 a serious violation of this Act, the Safety Inspection and
51	85		18 Education Act, or the Health and Safety Act, or any
52	86		19 standard, rule, regulation, or order under any of those
53	87		20 Acts, may be assessed a civil penalty up to $1,000 for each
54	88		21 such violation.
55	89		22 (4) A public employer that has received a citation for
56	90		23 a violation of this Act, the Safety Inspection and
57	91		24 Education Act, or the Health and Safety Act, or any
58	92		25 standard, rule, regulation, or order under any of those
59	93		26 Acts, which is not a serious violation, may be assessed a
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65		-	HB2488 ~~Engrossed~~ - 2 - LRB104 06524 SPS 16560 b
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70	104		1 civil penalty of up to $1,000 for each such violation.
71	105		2 (5) A public employer that violates a posting
72	106		3 requirement is subject to the following citations and
73	107		4 proposed penalty structure:
74	108		5 (A) Job Safety and Health Poster: an other than
75	109		6 serious citation and a proposed penalty of $1,000.
76	110		7 (B) Annual Summary of Work-Related Injuries and
77	111		8 Illnesses (OSHA Form 300A): an other than serious
78	112		9 citation and a proposed penalty of $1,000, even if
79	113		10 there are no recordable injuries or illnesses.
80	114		11 (C) Citation: an other than serious citation and a
81	115		12 proposed penalty of $1,000.
82	116		13 (6) A public employer that fails to correct a
83	117		14 violation for which a citation has been issued within the
84	118		15 time period permitted may be assessed a civil penalty of
85	119		16 up to $1,000 for each day the violation continues.
86	120		17 (d) For purposes of this Section, a "serious violation"
87	121		18 shall be deemed to exist in a workplace if there is a
88	122		19 substantial probability that death or serious physical harm
89	123		20 could result from (i) a condition which exists or (ii) one or
90	124		21 more practices, means, methods, operations, or processes which
91	125		22 have been adopted or are in use in the workplace, unless the
92	126		23 employer did not know and could not, with the exercise of
93	127		24 reasonable diligence, have known of the presence of the
94	128		25 violation.
95	129		26 (e) The Director may assess civil penalties as provided in
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106		-	1 this Section, giving due consideration to the appropriateness
107		-	2 of the penalty. A penalty may be reduced by the Director or the
108		-	3 Director's authorized representative based on the public
109		-	4 employer's good faith, size of business, and history of
110		-	5 previous violations.
111		-	6 (f) The Attorney General may bring an action in the
112		-	7 circuit court to enforce the collection of any civil penalty
113		-	8 assessed under this Act.
114		-	9 (g) All civil penalties collected under this Act shall be
115		-	10 deposited into the General Revenue Fund of the State of
116		-	11 Illinois.
117		-	12 (Source: P.A. 102-705, eff. 1-1-23.)
118		-	13 Section 99. Effective date. This Act takes effect October
119		-	14 1, 2025.
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125		-	HB2488 ~~Engrossed~~ - 4 - LRB104 06524 SPS 16560 b
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