Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1440 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1440 Introduced 1/31/2025, by Sen. Robert Peters 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 06347 SPS 16383 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1440 Introduced 1/31/2025, by Sen. Robert Peters 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 06347 SPS 16383 b LRB104 06347 SPS 16383 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1440 Introduced 1/31/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 219/85 820 ILCS 219/85
4	4	820 ILCS 219/85
5	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	6	LRB104 06347 SPS 16383 b LRB104 06347 SPS 16383 b
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8	8	A BILL FOR
9	9	SB1440LRB104 06347 SPS 16383 b SB1440 LRB104 06347 SPS 16383 b
10	10	SB1440 LRB104 06347 SPS 16383 b
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 5. The Occupational Safety and Health Act is
15	15	5 amended by changing Section 85 as follows:
16	16	6 (820 ILCS 219/85)
17	17	7 Sec. 85. Civil penalties.
18	18	8 (a) After an inspection of a workplace under this Act, if
19	19	9 the Director issues a citation, he or she shall, within 5 days
20	20	10 after issuing the citation, notify the employer by certified
21	21	11 mail, or by email to an email address previously designated by
22	22	12 the employer for purposes of receiving notice under this Act,
23	23	13 of any civil penalty proposed to be assessed for the violation
24	24	14 set forth in the citation.
25	25	15 (b) If the Director has reason to believe that an employer
26	26	16 has failed to correct a violation for which a citation has been
27	27	17 issued within the period permitted for its correction, the
28	28	18 Director shall notify the employer by certified mail, or by
29	29	19 email to an email address previously designated by the
30	30	20 employer for purposes of receiving notice under this Act, of
31	31	21 that failure and of the civil penalty proposed to be assessed
32	32	22 for that failure.
33	33	23 (c) Civil penalties authorized under this Section are as
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1440 Introduced 1/31/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
38	38	820 ILCS 219/85 820 ILCS 219/85
39	39	820 ILCS 219/85
40	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).
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42	42	LRB104 06347 SPS 16383 b
43	43	A BILL FOR
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49	49	820 ILCS 219/85
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68	68	1 follows:
69	69	2 (1) A public employer that repeatedly violates this
70	70	3 Act, the Safety Inspection and Education Act, or the
71	71	4 Health and Safety Act, or any combination of those Acts,
72	72	5 or any standard, rule, regulation, or order under any of
73	73	6 those Acts, may be assessed a civil penalty of not more
74	74	7 than $10,000 per violation.
75	75	8 (2) A public employer that willfully intentionally
76	76	9 violates this Act, the Safety Inspection and Education
77	77	10 Act, or the Health and Safety Act, or any standard, rule,
78	78	11 regulation, or order under any of those Acts, or who
79	79	12 demonstrates plain indifference to any provision of any of
80	80	13 those Acts or any such standard, rule, regulation, or
81	81	14 order, may be assessed a civil penalty of not more than
82	82	15 $70,000 $10,000 per violation.
83	83	16 (3) A public employer that has received a citation for
84	84	17 a serious violation of this Act, the Safety Inspection and
85	85	18 Education Act, or the Health and Safety Act, or any
86	86	19 standard, rule, regulation, or order under any of those
87	87	20 Acts, may be assessed a civil penalty up to $1,000 for each
88	88	21 such violation.
89	89	22 (4) A public employer that has received a citation for
90	90	23 a violation of this Act, the Safety Inspection and
91	91	24 Education Act, or the Health and Safety Act, or any
92	92	25 standard, rule, regulation, or order under any of those
93	93	26 Acts, which is not a serious violation, may be assessed a
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104	104	1 civil penalty of up to $1,000 for each such violation.
105	105	2 (5) A public employer that violates a posting
106	106	3 requirement is subject to the following citations and
107	107	4 proposed penalty structure:
108	108	5 (A) Job Safety and Health Poster: an other than
109	109	6 serious citation and a proposed penalty of $1,000.
110	110	7 (B) Annual Summary of Work-Related Injuries and
111	111	8 Illnesses (OSHA Form 300A): an other than serious
112	112	9 citation and a proposed penalty of $1,000, even if
113	113	10 there are no recordable injuries or illnesses.
114	114	11 (C) Citation: an other than serious citation and a
115	115	12 proposed penalty of $1,000.
116	116	13 (6) A public employer that fails to correct a
117	117	14 violation for which a citation has been issued within the
118	118	15 time period permitted may be assessed a civil penalty of
119	119	16 up to $1,000 for each day the violation continues.
120	120	17 (d) For purposes of this Section, a "serious violation"
121	121	18 shall be deemed to exist in a workplace if there is a
122	122	19 substantial probability that death or serious physical harm
123	123	20 could result from (i) a condition which exists or (ii) one or
124	124	21 more practices, means, methods, operations, or processes which
125	125	22 have been adopted or are in use in the workplace, unless the
126	126	23 employer did not know and could not, with the exercise of
127	127	24 reasonable diligence, have known of the presence of the
128	128	25 violation.
129	129	26 (e) The Director may assess civil penalties as provided in
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