Illinois 2025-2026 Regular Session

Illinois House Bill HB3762 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3762 Introduced , by Rep. Edgar Gonzlez, Jr. SYNOPSIS AS INTRODUCED: New Act Creates the Workplace Extreme Temperature Safety Act. Provides that the Director of Labor shall adopt rules to establish excessive heat and excessive cold standards. Sets forth temporary excessive heat and excessive cold standards. Provides that, on or before January 1, 2026, the Director shall establish by rule an occupational temperature-related illness and injury prevention plan. Sets forth provisions concerning retaliation; violations; penalties; and enforcement of the Act. LRB104 12261 SPS 22373 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3762 Introduced , by Rep. Edgar Gonzlez, Jr. SYNOPSIS AS INTRODUCED: New Act New Act Creates the Workplace Extreme Temperature Safety Act. Provides that the Director of Labor shall adopt rules to establish excessive heat and excessive cold standards. Sets forth temporary excessive heat and excessive cold standards. Provides that, on or before January 1, 2026, the Director shall establish by rule an occupational temperature-related illness and injury prevention plan. Sets forth provisions concerning retaliation; violations; penalties; and enforcement of the Act. LRB104 12261 SPS 22373 b LRB104 12261 SPS 22373 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3762 Introduced , by Rep. Edgar Gonzlez, Jr. SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Workplace Extreme Temperature Safety Act. Provides that the Director of Labor shall adopt rules to establish excessive heat and excessive cold standards. Sets forth temporary excessive heat and excessive cold standards. Provides that, on or before January 1, 2026, the Director shall establish by rule an occupational temperature-related illness and injury prevention plan. Sets forth provisions concerning retaliation; violations; penalties; and enforcement of the Act.
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11	11	1 AN ACT concerning employment.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Workplace Extreme Temperature Safety Act.
16	16	6 Section 5. Findings. The General Assembly finds and
17	17	7 declares:
18	18	8 (a) As the frequency of extreme weather events continues
19	19	9 to grow, workers are at an increased risk of serious injury or
20	20	10 death. Heat stress or cold stress can occur at temperatures as
21	21	11 low as 40 degrees Fahrenheit or as high as 78 degrees
22	22	12 Fahrenheit, depending on the working conditions. Unaddressed,
23	23	13 heat stress and cold stress can cause a range of serious
24	24	14 conditions, including stroke and death if not treated
25	25	15 properly. Heat related injuries and fatalities may be
26	26	16 underreported as heat stress exacerbates existing health
27	27	17 problems like asthma, kidney failure, and heart disease,
28	28	18 leading to potential comorbidities being reported. Workers in
29	29	19 agriculture and construction are at the highest risk of
30	30	20 weather-related injuries, but the problem affects all workers
31	31	21 exposed to extreme temperatures, including indoor workers
32	32	22 without adequately climate-controlled environments or
33	33	23 appropriate personal protective equipment.
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3762 Introduced , by Rep. Edgar Gonzlez, Jr. SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Workplace Extreme Temperature Safety Act. Provides that the Director of Labor shall adopt rules to establish excessive heat and excessive cold standards. Sets forth temporary excessive heat and excessive cold standards. Provides that, on or before January 1, 2026, the Director shall establish by rule an occupational temperature-related illness and injury prevention plan. Sets forth provisions concerning retaliation; violations; penalties; and enforcement of the Act.
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68	68	1 (b) From 1979 to 2022, more than 14,000 Americans have
69	69	2 died directly from heat-related causes, according to the
70	70	3 United States Environmental Protection Agency.
71	71	4 (c) In the absence of a temperature stress standard
72	72	5 adopted by the Occupational Health and Safety Administration,
73	73	6 the Department of Labor should adopt a heat stress standard
74	74	7 for the protection of employees against temperature-related
75	75	8 hazards, illness, and injury that effects employers and
76	76	9 employees in this State in private and public employment.
77	77	10 Section 10. Definitions.
78	78	11 "Acclimatization" means the body's temporary adaptation to
79	79	12 work in heat that occurs as a person is exposed to extreme
80	80	13 temperature over a period of 7 to 14 days depending on the
81	81	14 amount of recent work in excessive heat and the individual
82	82	15 factors. "Acclimatization" may be lost after 7 consecutive
83	83	16 days away from working in the heat.
84	84	17 "Cold-related illness" means a medical condition resulting
85	85	18 from the body losing heat faster than it can produce heat
86	86	19 creating a risk of severe injury, illness, or death.
87	87	20 "Cold stress" means the net load to which a worker is
88	88	21 exposed from the combined contributions of metabolic heat,
89	89	22 environmental factors, including temperature, wind chill, and
90	90	23 moisture, and personal protective equipment worn that results
91	91	24 in a loss of heat to the body, causing body temperature to
92	92	25 drop.
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103	103	1 "Director" means the Director of Labor, or the Director's
104	104	2 designee.
105	105	3 "Department" means the Department of Labor.
106	106	4 "Engineering controls" means the use of devices to reduce
107	107	5 exposure to extreme temperatures. "Engineering controls"
108	108	6 includes fans, heating stations, misting stations, and air
109	109	7 conditioning. "Engineering controls" does not include wearable
110	110	8 items.
111	111	9 "Employ" means to suffer or to permit to work.
112	112	10 "Employee" means any individual employed by an employer.
113	113	11 "Employer" means any individual, partnership, association,
114	114	12 corporation, and the State and any county and municipality,
115	115	13 and school district, agency, authority, department, bureau, or
116	116	14 instrumentality thereof, acting directly or indirectly in the
117	117	15 interest of an employer in relation to an employee.
118	118	16 "Excessive cold" means levels of outdoor or indoor
119	119	17 exposure to cold that exceed the capacities of the human body
120	120	18 to maintain normal body functions.
121	121	19 "Heat-related illness" means a medical condition resulting
122	122	20 from the inability of the body to manage excess heat,
123	123	21 including heat rash, heat cramps, heat exhaustion, heat
124	124	22 syncope, and heat stroke.
125	125	23 "Excessive heat" means levels of outdoor or indoor
126	126	24 exposure to heat that exceed the capacities of the human body
127	127	25 to maintain normal body functions.
128	128	26 "Heat stress" means the net load to which a worker is
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139	139	1 exposed from the combined contributions of metabolic heat,
140	140	2 environmental factors, and clothing worn which result in an
141	141	3 increase in heat storage in the body, causing body temperature
142	142	4 to rise to sometimes dangerous levels.
143	143	5 "Occupation" means any occupation, service, trade,
144	144	6 business, industry or branch or group of industries or
145	145	7 employment or class of employment in which employees are
146	146	8 employed.
147	147	9 "Occupational safety and health standard" means a rule
148	148	10 that requires the following: a condition that is reasonably
149	149	11 appropriate or necessary to make employment and places of
150	150	12 employment safe and healthful; or the adoption or use of a
151	151	13 means, method, operation, practice, or process that is
152	152	14 reasonably appropriate or necessary to make employment and
153	153	15 places of employment safe and healthful.
154	154	16 Section 15. Establishment of excessive heat and cold
155	155	17 standards.
156	156	18 (a) The Director shall adopt rules to establish excessive
157	157	19 heat standards. Until rules are adopted under this Section,
158	158	20 excessive heat standards are as follows:
159	159	21 (1) for an outdoor place of employment, the heat index
160	160	22 equals or exceeds 80 degrees Fahrenheit;
161	161	23 (2) for an indoor place of employment:
162	162	24 (A) the temperature equals or exceeds 80 degrees
163	163	25 Fahrenheit and the heat index equals or exceeds 85
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174	174	1 degrees Fahrenheit;
175	175	2 (B) if employees wear clothing that restricts heat
176	176	3 removal, the temperature equals or exceeds 80 degrees
177	177	4 Fahrenheit; and
178	178	5 (C) if employees work in a high radiant heat area,
179	179	6 the temperature equals or exceeds 80 degrees
180	180	7 Fahrenheit.
181	181	8 For indoor and outdoor places of employment, if the heat
182	182	9 index equals or exceeds 90 degrees Fahrenheit, employers shall
183	183	10 implement additional workplace safety standards, including the
184	184	11 possible utilization of personal protective equipment.
185	185	12 (b) The Director shall adopt rules to establish excessive
186	186	13 heat standards. Until rules are adopted under this Section,
187	187	14 excessive heat standards are as follows:
188	188	15 (1) for an outdoor place of employment, the wind chill
189	189	16 is equal or below 40 degrees Fahrenheit;
190	190	17 (2) for an indoor place of employment where heavy work
191	191	18 is performed, unless prohibited by process requirements,
192	192	19 the temperature is equal or below 60 degrees Fahrenheit;
193	193	20 and
194	194	21 (3) for an indoor place of employment where light work
195	195	22 is performed, unless prohibited by process requirements, a
196	196	23 temperature is equal or below 65 degrees Fahrenheit.
197	197	24 (c) Any temperature, heat index, or wind chill described
198	198	25 in this Section shall be based on a measurement of the National
199	199	26 Weather Service.
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210	210	1 Section 20. Occupational temperature-related illness and
211	211	2 injury prevention plan.
212	212	3 (a) On or before January 1, 2026, the Director shall
213	213	4 establish by rule an occupational temperature-related illness
214	214	5 and injury prevention plan that contains the following:
215	215	6 (1) a standard that establishes temperature hazard
216	216	7 levels for employees that, if exceeded, trigger actions by
217	217	8 employers to protect employees from temperature-related
218	218	9 illness and injury; and
219	219	10 (2) a requirement that each employer develop,
220	220	11 implement, and maintain a plan to effectively prevent
221	221	12 temperature-related illness and injury for its employees.
222	222	13 (b) The occupational temperature-related illness and
223	223	14 injury prevention plan shall, to the extent permitted by
224	224	15 federal law, be developed and implemented with the
225	225	16 participation of employees and employee representatives,
226	226	17 including collective bargaining representatives. The plan
227	227	18 shall be tailored and specific to the hazards in a place of
228	228	19 employment. The plan shall be in writing in both English and in
229	229	20 the language that each employee understands, if that language
230	230	21 is not English. The plan shall be provided to the Director,
231	231	22 employees, and any employee representatives, including
232	232	23 collective bargaining representatives, on the last business
233	233	24 day of May each year and shall be made available at other times
234	234	25 of the year upon written request. The Director shall develop a
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245	245	1 model occupational temperature-related illness and injury
246	246	2 prevention plan, consistent with the provisions of this Act,
247	247	3 that includes, but is not limited to:
248	248	4 (1) model training for employees and supervisors; and
249	249	5 (2) tailored to the specific hazards in places of
250	250	6 employment with high risks of exposure to heat and cold.
251	251	7 An employer may adopt the Director's model occupational
252	252	8 temperature-related illness and injury prevention plan, modify
253	253	9 that model plan, or develop their own occupational
254	254	10 temperature-related illness and injury prevention plan,
255	255	11 consistent with the provisions of this Act, including the
256	256	12 employee participation requirements.
257	257	13 (c) The occupational temperature-related illness and
258	258	14 injury prevention plan described in subsection (a) shall, at a
259	259	15 minimum, contain procedures and methods for the following:
260	260	16 (1) regular monitoring for employee exposure to heat
261	261	17 or cold to determine whether an employee's exposure has
262	262	18 been excessive;
263	263	19 (2) providing potable water, available immediately and
264	264	20 in immediate and safe proximity to heat impacted
265	265	21 employees;
266	266	22 (3) providing heat-impacted employees with paid rest
267	267	23 breaks and access to shade, cool-down areas or
268	268	24 climate-controlled spaces;
269	269	25 (4) providing warm, non-caffeinated beverages in
270	270	26 immediate and safe proximity to cold impacted employees;
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281	281	1 (5) providing cold impacted employees with paid rest
282	282	2 breaks and access to warming stations sheltered from the
283	283	3 wind and any precipitation;
284	284	4 (6) providing an emergency response for any employee
285	285	5 who has suffered injury as a result of being exposed to
286	286	6 excessive heat or cold;
287	287	7 (7) limiting the length of time an employee may be
288	288	8 exposed to heat or cold during the workday;
289	289	9 (8) establishing guidelines for the usage of heat
290	290	10 insulating personal protection equipment for workers
291	291	11 exposed to temperatures below 65 degrees Fahrenheit for
292	292	12 light activity and 60 degrees Fahrenheit for moderate to
293	293	13 heavy activity;
294	294	14 (9) establishing a worker acclimatization policy
295	295	15 conforming with the recommended alert limits as
296	296	16 established by the "Occupational Exposure to Heat and Hot
297	297	17 Environments" published in 2016 by the Department of
298	298	18 Health and Human Services;
299	299	19 (10) for outdoor and indoor non-climate-controlled
300	300	20 environments, implementing a heat and cold alert system to
301	301	21 provide notification to employees when the National
302	302	22 Weather Service forecasts that excessive heat or excessive
303	303	23 cold is likely to occur in the following day or days in a
304	304	24 locality where an employer has employees in that State,
305	305	25 and when that notification occurs, including:
306	306	26 (A) postponing tasks that are non-essential until
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317	317	1 the excessive temperature condition subsides;
318	318	2 (B) instituting or increasing rest allowances;
319	319	3 (C) reminding workers to drink liquids in small
320	320	4 amounts frequently to prevent dehydration; and
321	321	5 (D) to the extent practicable, monitoring the
322	322	6 environmental heat index at job sites and resting
323	323	7 places;
324	324	8 (11) preventing hazards, including through the use of:
325	325	9 (A) engineering controls that include the
326	326	10 isolation of hot or cold processes, the isolation of
327	327	11 employees from sources of heat or cold, local exhaust
328	328	12 ventilation, shielding from a radiant heat source or
329	329	13 freezers, the insulation of hot surfaces, air
330	330	14 conditioning, cooling fans, evaporative coolers, and
331	331	15 natural ventilation;
332	332	16 (B) administrative controls that limit exposure to
333	333	17 a hazard by adjustment of work procedures or work
334	334	18 schedules, including rotating employees, scheduling
335	335	19 work earlier or later in the day, using work-rest
336	336	20 schedules, reducing work intensity or speed, and
337	337	21 changing required work clothing;
338	338	22 (C) personal protective equipment, including
339	339	23 water-cooled garments, heated garments, air-cooled
340	340	24 garments, reflective clothing, and cooling and heating
341	341	25 vests; and
342	342	26 (D) administrative controls on routine temperature
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353	353	1 variation of more than 50 degrees Fahrenheit between
354	354	2 work spaces;
355	355	3 (12) coordinating risk assessment efforts, plan
356	356	4 development, and implementation with other employers who
357	357	5 have employees who work at the same work site; and
358	358	6 (13) allowing employees to contact the employer
359	359	7 directly and efficiently to communicate if the employee
360	360	8 feels like the employee is suffering from an extreme
361	361	9 temperature-related illness.
362	362	10 (d) The occupational temperature-related illness and
363	363	11 injury prevention plan shall contain, at a minimum, annual
364	364	12 training and education, including training and education
365	365	13 regarding the following:
366	366	14 (1) the identification of extreme temperature-related
367	367	15 illness risk factors;
368	368	16 (2) personal factors that may increase susceptibility
369	369	17 to temperature-related illness;
370	370	18 (3) signs and symptoms of temperature-related illness;
371	371	19 (4) different types of temperature-related illness;
372	372	20 (5) the importance of consuming fluids;
373	373	21 (6) available engineering control measures;
374	374	22 (7) administrative control measures;
375	375	23 (8) the importance of reporting temperature-related
376	376	24 symptoms;
377	377	25 (9) recordkeeping requirements and reporting
378	378	26 procedures;
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389	389	1 (10) emergency response procedures; and
390	390	2 (11) rights under this Act.
391	391	3 (e) The occupational temperature-related illness and
392	392	4 injury prevention plan shall contain, at a minimum, special
393	393	5 training and education to employees who are supervisors, in
394	394	6 addition to the training and education provided to all
395	395	7 employees under subsection (d), that shall include training
396	396	8 and education containing the following:
397	397	9 (1) procedures a supervisor shall follow with respect
398	398	10 to the prevention of employee exposure to excessive
399	399	11 temperatures;
400	400	12 (2) how to recognize high-risk situations, including
401	401	13 how to monitor weather reports and weather advisories, the
402	402	14 risk of assigning an employee to a situation that could
403	403	15 predictably compromise the safety of the employee, and
404	404	16 initially and regularly monitor for employee exposure to
405	405	17 heat or cold to determine whether an employee's exposure
406	406	18 has been excessive; and
407	407	19 (3) emergency response procedures if an employee
408	408	20 exhibits signs or reports symptoms consistent with
409	409	21 temperature-related illnesses.
410	410	22 (f) The occupational temperature-related illness and
411	411	23 injury prevention plan shall require that the education and
412	412	24 training:
413	413	25 (1) be provided by an employer for each new employee
414	414	26 before starting a job assignment;
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425	425	1 (2) provide employees opportunities to ask questions,
426	426	2 provide feedback, and request additional instruction,
427	427	3 clarification, or follow-up;
428	428	4 (3) be provided by an individual with knowledge of
429	429	5 temperature-related illness prevention and the plan of the
430	430	6 employer; and
431	431	7 (4) be appropriate in content and commensurate to the
432	432	8 language, education level, and literacy of each employee.
433	433	9 (g) An employer shall maintain the following:
434	434	10 (1) records related to the heat-related illness and
435	435	11 injury prevention plan, including heat-related illness
436	436	12 risk and hazard assessments and identification,
437	437	13 evaluation, correction and training procedures;
438	438	14 (2) data on all heat-related illnesses, injuries, and
439	439	15 fatalities that have occurred at the place of employment,
440	440	16 including, but not limited to, the type of heat-related
441	441	17 illness or injury experienced and symptoms experienced,
442	442	18 the cause of death, the time at which manifestation of
443	443	19 illness, injury, or death occurred, environmental
444	444	20 measures, including temperature and humidity levels, at
445	445	21 time of manifestation of illness, injury or death, a
446	446	22 description of the location where the manifestation of
447	447	23 illness, injury, or death occurred; and
448	448	24 (3) data concerning environmental and physiological
449	449	25 measurements related to heat.
450	450	26 (h) An employer shall make the records and data available,
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461	461	1 on request, for examination and copying at no cost, to an
462	462	2 employee, an employee's authorized representatives, including
463	463	3 collective bargaining representatives, and to the Director.
464	464	4 The employer shall preserve the records and data for a minimum
465	465	5 of 3 years.
466	466	6 (i) Employers shall comply with the provisions of the heat
467	467	7 stress and cold stress standards in accordance with this
468	468	8 section 60 days after the rules containing the heat stress
469	469	9 standard are adopted.
470	470	10 (k) this Act shall not apply to any employees directly
471	471	11 involved in the protection of life or property, including, but
472	472	12 not limited to, lifeguards, firefighters, paramedics, law
473	473	13 enforcement personnel, and employees engaged in the emergency
474	474	14 restoration of essential infrastructure and services,
475	475	15 including roads, bridges, utilities, and communications.
476	476	16 (l) After an employer has implemented an occupational
477	477	17 temperature-related illness and injury prevention plan each
478	478	18 employer shall, annually, on or before the first business day
479	479	19 of May, review, release, and give notice to employees and any
480	480	20 authorized representatives of their employees, including their
481	481	21 collective bargaining representatives, an updated copy of the
482	482	22 employer's temperature-related illness and injury prevention
483	483	23 plan.
484	484	24 Section 25. Retaliation.
485	485	25 (a) It is a violation of this Act for an employer to
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496	496	1 retaliate through termination of employment, discipline, or
497	497	2 taking any other adverse action against any employee for
498	498	3 exercising any right under this Act. There shall be a
499	499	4 rebuttable presumption of unlawful retaliation under this
500	500	5 Section if an employer takes an adverse action against an
501	501	6 employee within 90 days after the employee exercises the
502	502	7 employee's rights under this Act.
503	503	8 (b) It is a violation of this Act for an employer to
504	504	9 retaliate or take adverse action against an employee if the
505	505	10 employee:
506	506	11 (1) makes a complaint to an employer, to a co-worker,
507	507	12 to a community organization, before a public hearing, or
508	508	13 to a State or federal agency that rights under this Act
509	509	14 have been violated;
510	510	15 (2) seeks assistance or intervention with respect to
511	511	16 heat-related health symptoms from, the employer, local
512	512	17 emergency services, the federal government, the State, or
513	513	18 a local government;
514	514	19 (3) refuses to work if the employee reasonably
515	515	20 believes:
516	516	21 (A) that an employer has not met the minimum
517	517	22 requirements under this Act to prevent illness and
518	518	23 injury; or
519	519	24 (B) that performing the required work in extreme
520	520	25 temperature conditions may result in illness or
521	521	26 injury;
522	522
523	523
524	524
525	525
526	526
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528	528
529	529
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531	531	HB3762 - 15 - LRB104 12261 SPS 22373 b
532	532	1 (4) institutes any proceeding under or related to this
533	533	2 Act; or
534	534	3 (5) testifies or prepares to testify in an
535	535	4 investigation or proceeding under this Act.
536	536	5 Section 30. Violations. The Department, or the Attorney
537	537	6 General pursuant to its authority under Section 6.3 of the
538	538	7 Attorney General Act, shall have the authority to issue a
539	539	8 temporary emergency cease and desist order to halt any conduct
540	540	9 of the employer that is warranted by public health and safety
541	541	10 concerns or is in violation of this Act. The Attorney General
542	542	11 shall seek a court order extending any emergency cease and
543	543	12 desist order to halt any conduct of the employer that is
544	544	13 warranted by public health and safety concerns is in this Act
545	545	14 as soon as practicable. Before issuing a cease and desist
546	546	15 order authorized under this Section, the Attorney General
547	547	16 shall provide notice to the Director.
548	548	17 Section 35. Penalties. An employer who violates any
549	549	18 provision of this Act or any rule adopted under this Act shall
550	550	19 be subject to a civil penalty of not less than $100 and not
551	551	20 more than $5,000 for each violation found in an initial
552	552	21 investigation by the Department or determined by a court in a
553	553	22 civil action brought by an interested party, or determined by
554	554	23 a court in a civil action brought by the Attorney General
555	555	24 pursuant to its authority under Section 6.3 of the Attorney
556	556
557	557
558	558
559	559
560	560
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562	562
563	563
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565	565	HB3762 - 16 - LRB104 12261 SPS 22373 b
566	566	1 General Act. An employer found to have committed any repeat
567	567	2 violation of this Act by the Department or circuit court
568	568	3 within 3 years following the first finding shall be subject to
569	569	4 a civil penalty of not less than $250 and not more than $15,000
570	570	5 for each such repeat violation. For purposes of this Section,
571	571	6 each violation of this Act for each employee and for each day
572	572	7 the violation continues shall constitute a separate and
573	573	8 distinct violation. Any penalty assessed under this Act
574	574	9 against a corporation, partnership, limited liability company,
575	575	10 or sole proprietorship, shall be effective against any
576	576	11 successor entity that is engaged in the same or equivalent
577	577	12 trade or activity, and has one or more of the same principals
578	578	13 or officers, as the corporation, partnership, limited
579	579	14 liability company, or sole proprietorship against which the
580	580	15 penalty was assessed. In determining the appropriateness of a
581	581	16 penalty to the employer, the Director or circuit court shall
582	582	17 consider the factors including, the history of violations by
583	583	18 the employer, the seriousness of the violation, the good faith
584	584	19 of the employer, and the size of the employer's business. The
585	585	20 amount of the penalty may be: (1) recovered in a civil action
586	586	21 brought by the Director in any circuit court, represented by
587	587	22 the Attorney General; or (2) ordered by the court, in an action
588	588	23 brought by any party, including the Attorney General for a
589	589	24 violation of this Act.
590	590	25 Section 40. Enforcement by the Department.
591	591
592	592
593	593
594	594
595	595
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597	597
598	598
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601	601	1 (a) The Department shall enforce the provisions of this
602	602	2 Act when, in the Department's judgment, there is cause and
603	603	3 sufficient resources for investigation. The Department shall
604	604	4 have the authority to conduct investigations in connection
605	605	5 with the administration and enforcement of this Act. The
606	606	6 Director, or the Director's designee, may:
607	607	7 (1) enter and inspect the place of business if any
608	608	8 employer for the purpose of examining and inspecting the
609	609	9 physical workplace;
610	610	10 (2) inspect or copy any records of the employer that
611	611	11 relate in any way to or have a bearing upon the question of
612	612	12 compliance with this Act;
613	613	13 (3) question any employee outside the presence of the
614	614	14 employer or any employer representative;
615	615	15 (4) conduct any tests at the employer's place of
616	616	16 business to determine if this Act has been violated; and
617	617	17 (5) require any employer to submit written statements,
618	618	18 including sworn statements, relating to compliance with
619	619	19 this Act as the Director may deem necessary or
620	620	20 appropriate.
621	621	21 (b) A representative of the employer and a representative
622	622	22 of the employees shall be given an opportunity to accompany
623	623	23 the Department during the physical inspection of any workplace
624	624	24 for the purpose of aiding the inspection.
625	625	25 (1) The Department may permit additional
626	626	26 representatives of the employer and representatives of the
627	627
628	628
629	629
630	630
631	631
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633	633
634	634
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636	636	HB3762 - 18 - LRB104 12261 SPS 22373 b
637	637	1 employees to be present during the inspection if the
638	638	2 Department determines that the additional representatives
639	639	3 will aid the inspection. A different employer and employee
640	640	4 representative may be present during each phase of the
641	641	5 inspection if doing so does not interfere with the
642	642	6 inspection.
643	643	7 (2) The Department shall have authority to resolve all
644	644	8 disputes as to who shall be the representative of the
645	645	9 employer and the representative of the employees. If there
646	646	10 is no authorized representative of employees, or if the
647	647	11 Department is unable to determine with reasonable
648	648	12 certainty who is the representative, the Department shall
649	649	13 consult with a reasonable number of employees concerning
650	650	14 matters of safety and health in the workplace.
651	651	15 (3) The representative of the employees may be an
652	652	16 employee of the employer or a third party. When the
653	653	17 representative of the employees is not an employee of the
654	654	18 same employer, the representative of the employees may be
655	655	19 present during the inspection if, in the judgment of the
656	656	20 Department, good cause has been shown why a third party is
657	657	21 reasonably necessary to the conduct of an effective and
658	658	22 thorough physical inspection of the workplace.
659	659	23 (4) The Department is authorized to deny the right to
660	660	24 be present during an inspection for any person whose
661	661	25 conduct interferes with a fair and orderly inspection.
662	662	26 (c) The Director may compel, by subpoena, the attendance
663	663
664	664
665	665
666	666
667	667
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669	669
670	670
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672	672	HB3762 - 19 - LRB104 12261 SPS 22373 b
673	673	1 and testimony of witnesses and the production of books,
674	674	2 payrolls, records, papers, and other evidence in any
675	675	3 investigation or hearing and may administer oaths to
676	676	4 witnesses.
677	677	5 (d) The Department shall conduct hearings in accordance
678	678	6 with the Illinois Administrative Procedure Act upon written
679	679	7 complaint by an investigator of the Department or any
680	680	8 interested person of a violation of this Act. After the
681	681	9 hearing, if supported by the evidence, the Department may:
682	682	10 (1) issue and cause to be served on any party an order
683	683	11 to cease and desist from further violation of this Act;
684	684	12 (2) take affirmative or other action as deemed
685	685	13 reasonable to eliminate the effect of the violation; and
686	686	14 (3) determine the amount of any civil penalty allowed
687	687	15 by this Act.
688	688	16 Section 45. Review under Administrative Review Law. Any
689	689	17 party to a proceeding under this Act may apply for and obtain
690	690	18 judicial review of an order of the Department entered under
691	691	19 this Act in accordance with the provisions of the
692	692	20 Administrative Review Law, and the Department in proceedings
693	693	21 under this Act may obtain an order from the court for the
694	694	22 enforcement of its order.
695	695	23 Section 50. Contempt. If it appears that an employer
696	696	24 covered by this Act has violated a valid order of the
697	697
698	698
699	699
700	700
701	701
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703	703
704	704
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706	706	HB3762 - 20 - LRB104 12261 SPS 22373 b
707	707	1 Department issued under this Act, the Director may commence an
708	708	2 action and obtain from the court an order commanding the
709	709	3 employer to obey the order of the Department or be adjudged
710	710	4 guilty of contempt of court and punished accordingly.
711	711	5 Section 55. Action for civil enforcement by an interested
712	712	6 party.
713	713	7 (a) Upon a reasonable belief that an employer covered by
714	714	8 this Act is in violation of any part of this Act, an interested
715	715	9 party may initiate a civil action in the county where the
716	716	10 alleged offenses occurred or where any party to this Action
717	717	11 resides, asserting that a violation of this Act has occurred,
718	718	12 pursuant to the following sequence of events:
719	719	13 (1) The interested party submits to the Department a
720	720	14 complaint describing the violation and naming the employer
721	721	15 alleged to have violated this Act.
722	722	16 (2) The Department sends notice of complaint to the
723	723	17 named parties alleged to have violated this Act and the
724	724	18 interested party.
725	725	19 (3) The named party may either contest the alleged
726	726	20 violation or attempt to cure the alleged violation within
727	727	21 30 days after the receipt of the notice of complaint or, if
728	728	22 the named party does not respond within 30 days, the
729	729	23 Department issues a notice of right to sue to the
730	730	24 interested party as described in paragraph (4).
731	731	25 (4) The Department issues a notice of right to sue to
732	732
733	733
734	734
735	735
736	736
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738	738
739	739
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741	741	HB3762 - 21 - LRB104 12261 SPS 22373 b
742	742	1 the interested party, if one or more of the following has
743	743	2 occurred:
744	744	3 (A) the named party has cured the alleged
745	745	4 violation to the satisfaction of the Director;
746	746	5 (B) the Director has determined that the
747	747	6 allegation is unjustified or that the Department does
748	748	7 not have jurisdiction over the matter or the parties;
749	749	8 or
750	750	9 (C) the Director has determined that the
751	751	10 allegation is justified or has not made a
752	752	11 determination, and either has decided not to exercise
753	753	12 jurisdiction over the matter or has concluded
754	754	13 administrative enforcement of the matter.
755	755	14 (b) If within 180 days after service of the notice of
756	756	15 complaint to the parties, the Department has not (i) resolved
757	757	16 the contest and cure period, (ii) with the mutual agreement of
758	758	17 the parties, extended the time for the named party to cure the
759	759	18 violation and resolve the complaint, or (iii) issued a right
760	760	19 to sue letter, the interested party may initiate a civil
761	761	20 action for penalties. The parties may extend the 180-day
762	762	21 period by mutual agreement. The limitations period for the
763	763	22 interested party to bring an action for the alleged violation
764	764	23 of the Act shall be tolled for the 180-day period and for the
765	765	24 period of any mutually agreed extensions. At the end of the
766	766	25 180-day period, or any mutually agreed extensions, the
767	767	26 Department shall issue a right to sue letter to the interested
768	768
769	769
770	770
771	771
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774	774
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777	777	HB3762 - 22 - LRB104 12261 SPS 22373 b
778	778	1 party.
779	779	2 (c) Upon receipt of a right to sue letter from the
780	780	3 Department, an interested party may bring a civil action in
781	781	4 the county where the alleged offenses occurred or where any
782	782	5 party to this Action resides, in the name of the State or for
783	783	6 the benefit of any impacted employee. If this Action is
784	784	7 brought in the name of the State:
785	785	8 (1) No later than 30 days after filing an action, the
786	786	9 interested party shall serve upon the State through the
787	787	10 Attorney General a copy of the complaint and written
788	788	11 disclosure of substantially all material evidence and
789	789	12 information the interested party possesses.
790	790	13 (2) The State may elect to intervene and proceed with
791	791	14 the action no later than 60 days after it receives both the
792	792	15 complaint and the material evidence and information. The
793	793	16 State may, for good cause shown, move the court for an
794	794	17 extension of the time to intervene and proceed with the
795	795	18 action.
796	796	19 (3) Before the expiration of the 60-day period or any
797	797	20 extensions under subparagraph (2), the State shall:
798	798	21 (A) proceed with the action, in which case the
799	799	22 action shall be conducted by the State; or
800	800	23 (B) notify the court that it declines to take the
801	801	24 action, in which case the interested party bringing
802	802	25 the action shall have the right to conduct the action.
803	803	26 (4) When the State conducts the action, the interested
804	804
805	805
806	806
807	807
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810	810
811	811
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813	813	HB3762 - 23 - LRB104 12261 SPS 22373 b
814	814	1 party shall have the right to continue as a party to the
815	815	2 action subject to the following limitations:
816	816	3 (A) the State may dismiss the action
817	817	4 notwithstanding the objections of the interested party
818	818	5 initiating the action if the interested party has been
819	819	6 notified by the State of the filing of the motion and
820	820	7 the court has provided the interested party with an
821	821	8 opportunity for a hearing on the motion; and
822	822	9 (B) the State may settle the action with the
823	823	10 defendant notwithstanding the objections of the person
824	824	11 initiating the action if the court determines, after a
825	825	12 hearing, that the proposed settlement is fair,
826	826	13 adequate, and reasonable under all the circumstances.
827	827	14 (5) If an interested party brings an action under this
828	828	15 Section, no person other than the State may intervene or
829	829	16 bring a related action on behalf of the State based on the
830	830	17 facts underlying the pending action.
831	831	18 (6) An action brought in court by an interested party
832	832	19 under this Section may be dismissed if the court and the
833	833	20 Attorney General give written consent to the dismissal and
834	834	21 their reasons for consenting.
835	835	22 (d) Any claim or action filed by an interested party under
836	836	23 this Section shall be made no later 3 years after the alleged
837	837	24 conduct resulting in the complaint, plus any period for which
838	838	25 the limitations period has been tolled.
839	839	26 (e) In an action brought by an interested party under this
840	840
841	841
842	842
843	843
844	844
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846	846
847	847
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850	850	1 Section, an interested party may recover against the covered
851	851	2 entity any statutory penalties set forth in Section 70,
852	852	3 injunctive relief, and any other relief available to the
853	853	4 Department. An interested party who prevails in a civil action
854	854	5 shall receive 10% of any statutory penalties assessed, plus
855	855	6 any attorney's fees and costs. The remaining 90% of any
856	856	7 statutory penalties assessed shall be deposited into a special
857	857	8 fund of the Department for enforcement of this Act.
858	858	9 Section 60. Private right of action.
859	859	10 (a) An employee aggrieved by any violation of this Act or
860	860	11 any rule adopted under this Act may file suit in circuit court,
861	861	12 in the county where the alleged offense occurred or where any
862	862	13 employee who is party to this Action resides, without regard
863	863	14 to exhaustion of any alternative administrative remedies
864	864	15 provided in this Act. Actions may be brought by one or more
865	865	16 employees for and on behalf of themselves and other employees
866	866	17 similarly situated. An employee whose rights have been
867	867	18 violated under this Act by an employer is entitled to collect:
868	868	19 (1) in the case of a notice violation, statutory
869	869	20 damages in an amount of not less than $50 and not more than
870	870	21 $500 for the violation of each subpart of each section of
871	871	22 this Act;
872	872	23 (2) in the case of a health and safety violation, in
873	873	24 addition to all other relief available for injury,
874	874	25 compensatory damages and an amount of statutory damages of
875	875
876	876
877	877
878	878
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881	881
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885	885	1 not less than $50 and not more than $500 for each violation
886	886	2 of this Act;
887	887	3 (3) in the case of unlawful retaliation, all relief
888	888	4 necessary to make the employee whole, including but not
889	889	5 limited to:
890	890	6 (A) permanent or preliminary injunctive relief;
891	891	7 (B) reinstatement with the same seniority status
892	892	8 that the employee would have had, but for the
893	893	9 violation;
894	894	10 (C) back pay, with interest of 9% per annum for no
895	895	11 more than 90 calendar days from the date the complaint
896	896	12 is filed and front pay;
897	897	13 (D) liquidated damages of up to $10,000;
898	898	14 (E) compensation for any costs incurred as a
899	899	15 result of the violation, including litigation costs,
900	900	16 expert witness fees, and reasonable attorney's fees;
901	901	17 and
902	902	18 (F) a civil penalty of $10,000, payable to the
903	903	19 employee.
904	904	20 (b) The right of an aggrieved employee to bring an action
905	905	21 under this Section terminates upon the passing of 3 years
906	906	22 after the date of the violation. This limitations period is
907	907	23 tolled if an employer or prospective employer has failed to
908	908	24 provide an employee or prospective employer information
909	909	25 required under this Act or has deterred an employee or
910	910	26 prospective employee from the exercise of rights under this
911	911
912	912
913	913
914	914
915	915
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917	917
918	918
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921	921	1 Act.
922	922	2 (c) Nothing in this Section shall be construed to limit in
923	923	3 any way an employee's rights to bring an action for injury
924	924	4 through a tort action, workers compensation, union grievance
925	925	5 procedure or any other legal avenue available to an employee.
926	926	6 Section 65. No diminution of obligations.
927	927	7 (a) No provision of this Act or any rules adopted under
928	928	8 this Act shall be construed as:
929	929	9 (1) requiring an employer to diminish or reduce
930	930	10 protections provided by the employer under an employer
931	931	11 policy or collective bargaining agreement that are more
932	932	12 favorable to employee safety than the protections required
933	933	13 by this Act or that provide rights or benefits to
934	934	14 employees not provided by this Act;
935	935	15 (2) prohibiting an employer from agreeing to provide
936	936	16 protections under an employer policy or collective
937	937	17 bargaining agreement that are more favorable to employees
938	938	18 than the protections required by this Act or to provide
939	939	19 rights or benefits to employees not provided by this Act;
940	940	20 or
941	941	21 (3) superseding any law providing collective
942	942	22 bargaining rights for employees or in any way reducing,
943	943	23 diminishing, or adversely affecting those collective
944	944	24 bargaining rights or the obligations of employers under
945	945	25 any law.
946	946
947	947
948	948
949	949
950	950
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952	952
953	953
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