Illinois 2025-2026 Regular Session

Illinois House Bill HB2488 Latest Draft

Bill / Engrossed Version Filed 03/27/2025

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  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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