TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.10 DEFINITIONS
Section 350.10 Definitions
The definitions and interpretations contained in Section 5
of the Occupational Safety and Health Act shall apply when those terms are used
in this Part.
Act − the Occupational
Safety and Health Act [820 ILCS 219].
Administrative Law Judge or ALJ -
an attorney licensed to practice law in the State of Illinois who has been
designated by the Director to conduct any hearings governed by this Part, 56
Ill. Adm. Code 120 (Rule of Procedure in Administrative Hearings), and Section
100 of the Act.
Authorized Employee Representative
– any person authorized by the employees to represent their interests in
collective bargaining and other labor relations matters.
Department or IDOL – the Illinois
Department of Labor.
Director – the Director of the Illinois
Department of Labor.
Division or Illinois OSHA – the Division
of Occupational Safety and Health within the Illinois Department of Labor.
The Illinois OSHA name will be used in all marketing and outreach efforts.
Division Manager − the
employee regularly or temporarily in charge of the Division of Occupational
Safety and Health within the Illinois Department of Labor, or any other person
or persons who are authorized to act for that employee on a case-by-case basis.
Employee – means every person in
the service of any of the following entities, regardless of whether the service
is by virtue of election, by appointment or contract, or by hire, and
regardless of whether the relationship is express or implied or established
orally or in writing:
the State, including members
of the General Assembly, members of the Commerce Commission, members of the
Workers' Compensation Commission and any person in the service of a public
university or college in Illinois;
an Illinois county,
including deputy sheriffs and assistant state's attorneys; or
an Illinois city, township,
village, incorporated town or school district, body politic, or other
municipal corporation.
Public Employer or Employer
– the State of Illinois or any political subdivisions of the State. [820
ILCS 219/5]
Enforcement Inspector or Inspector
− a person authorized by the Division of Occupational Safety and Health
within the Illinois Department of Labor, to conduct inspections.
Inspection − any inspection
of an employer's establishment or other area, workplace or environment where
work is performed by an employee of an employer, and includes any inspection
conducted pursuant to a complaint filed under Section 350.120(a) and (c), any
re-inspection, follow-up inspection, accident investigation or other inspection
conducted under Section 65 of the Act.
Regional Enforcement Manager or
REM – a person authorized, by the Division of Occupational Safety and Health
within the Illinois Department of Labor to manage the day-to-day operations of
Enforcement Inspectors.
Working Days − Mondays
through Fridays, but not including State holidays. In computing 15 working
days, the day of receipt of any notice shall not be included, and the last day
of the 15 working days shall be included.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
 | TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.20 PURPOSE AND SCOPE
Section 350.20 Purpose and Scope
The Act requires, in part, that all public employers covered
under the Act furnish to their employees employment and a place of employment that
are free from recognized hazards that are causing or are likely to cause death
or serious physical harm to the employees. The Act also requires that public employers
comply with occupational safety and health standards promulgated under the Act,
and that public employees comply with standards, rules, regulations and orders
issued under the Act that are applicable to their own actions and conduct. The
Act authorizes Illinois OSHA to conduct inspections and to issue citations and
proposed penalties for alleged violations. The Act also contains provisions
for adjudication of violations, periods prescribed for the abatement of
violations, and proposed penalties, if contested by an employer or by an
employee or authorized representative of employees, and for judicial review. The
purpose of this Subpart A is to prescribe rules and regulations and to set
forth general policies for dealing with the inspection of an employer's
establishment, enforcement of the inspection, citation, and proposed penalty
provisions of the Act.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.30 POSTING OF NOTICE; AVAILABILITY OF THE ACT, REGULATIONS AND APPLICABLE STANDARDS
Section 350.30 Posting of Notice; Availability of the Act,
Regulations and Applicable Standards
a) Job
Safety and Health Poster. Each employer shall post and keep posted a notice or
notices, to be furnished by Illinois OSHA, informing employees of the
protections and obligations provided for in the Act, and that, for assistance
and information, including copies of the Act and of specific safety and health
standards, employees should contact the employer or Illinois OSHA. The notice
or notices shall be posted by the employer in each establishment (see
subsection (b)) in a conspicuous place or places where notices to employees are
customarily posted. Each employer shall take steps to ensure that the notices
are not altered, defaced or covered by other material.
b) Establishment
means a single physical location where business is conducted or where services
or operations are performed. (For example: An office, warehouse or central
administrative office.) When distinctly separate activities are performed at a
single physical location, each activity shall be treated as a separate physical
establishment, and a separate notice or notices shall be posted in each
establishment, to the extent that the notices have been made available by the Illinois
OSHA. When employers are engaged in activities that are physically dispersed,
such as construction, transportation, and electric, gas and sanitary services,
the notice or notices required by this Section shall be posted at the location
to which employees report each day. When employees do not usually work at, or
report to, a single establishment (such as technicians, engineers, etc.), the notice
or notices shall be posted at the location from which the employees operate to
carry out their activities. In all cases, the notice or notices shall be posted
in accordance with the requirements of subsection (a).
c) Copies
of the Act, all regulations published in this Chapter, and all applicable
standards will be available at all Illinois OSHA offices and on the Division's
website at OSHA.illinois.gov. If an employer has obtained copies of these
materials, the employer shall make them available upon request to any employee
or the employee's authorized representative for review in the establishment
where the employee is employed on the same day the request is made, or at the
earliest time mutually convenient to the employee or their authorized representative
and the employer.
d) Any
employer failing to comply with the provisions of this Section shall be subject
to citation and penalty in accordance with the provisions of Sections 80 and 85
of the Act.
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.40 AUTHORITY FOR INSPECTION
Section 350.40 Authority for Inspection
a) Enforcement Inspectors are authorized to enter
without delay and at reasonable times any establishment, construction site, or
other area, workplace or environment where work is performed by an employee of
a public employer; to inspect and investigate during regular working hours and
at other reasonable times, and within reasonable limits and in a reasonable
manner, any such place of employment, and all pertinent conditions, structures,
machines, apparatus, devices, equipment and materials in the place of
employment; to question privately any employer, owner, operator, agent or
employee; and to review records required by the Act, regulations and other
records that are directly related to the purpose of the inspection.
b) Prior to inspecting areas containing information deemed
classified by a State agency in the interest of national and/or State security,
Inspectors shall have obtained the appropriate security clearance.
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.50 OBJECTION TO INSPECTION
Section 350.50 Objection to Inspection
a) Upon
a refusal to permit the Enforcement Inspector, in exercise of their official
duties, to enter without delay and at reasonable times any place of employment
or any area within the place of employment to inspect, to review records, or to
question any employer, owner, operator, agent or employee in accordance with Section
350.40, or upon a refusal to permit a representative of employees to accompany
the Inspector during the physical inspection of any workplace, in accordance
with Section 350.90, the Inspector shall terminate the inspection or confine
the inspection to other areas, conditions, structures, machines, apparatus,
devices, equipment, materials, records or interviews concerning which no
objection is raised. The Inspector shall endeavor to ascertain the reason for the
refusal and shall immediately report the refusal and the reason for the refusal
to the Regional Enforcement Manager. The REM shall consult with the Division
Manager and Chief Legal Counsel, who shall take appropriate action, including
compulsory process, if necessary.
b) Compulsory
process shall be sought in advance of an attempted inspection or investigation
if, in the judgment of the Division Manager and Chief Legal Counsel,
circumstances exist that make the pre-inspection process desirable or
necessary. Some examples of circumstances in which it may be desirable or
necessary to seek compulsory process in advance of an attempt to inspect or
investigate include, but are not limited to:
1) When
the employer's past practice either implicitly or explicitly puts the Director
on notice that a warrantless inspection will not be allowed;
2) When
an inspection is scheduled far from the local office and procuring a warrant
prior to leaving to conduct the inspection would avoid, in case of refusal of
entry, the expenditure of significant time and resources to return to the
office, obtain a warrant and return to the worksite;
3) When
an inspection includes the use of special equipment or when the presence of an
expert or experts is needed in order to properly conduct the inspection, and
procuring a warrant prior to an attempt to inspect would alleviate the
difficulties or costs encountered in coordinating the availability of the
equipment or expert.
c) With
the approval of the Division Manager and Chief Legal Counsel, compulsory
process may also be obtained by the REM or the REM's.
d) For
purposes of this Section, the term compulsory process shall mean the
institution of any appropriate action, including ex parte application for an
inspection warrant or its equivalent. Ex parte inspection warrants shall be the
preferred form of compulsory process in all circumstances in which compulsory
process is relied upon to seek entry to a workplace under this Section.
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.60 ENTRY NOT A WAIVER
Section
350.60 Entry Not a Waiver
Any permission to enter, inspect, review records, or
question any person shall not imply or be conditioned upon a waiver of any
cause of action, citation or penalty under the Act. Enforcement Inspectors are
not authorized to grant a waiver.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.70 ADVANCE NOTICE OF INSPECTIONS
Section 350.70 Advance Notice of Inspections
a) Advance notice of inspections may not be given,
except in the following situations:
1) In
cases of apparent imminent danger, to enable the employer to abate the danger
as quickly as possible;
2) In
circumstances in which the inspection can most effectively be conducted after
regular business hours or when special preparations are necessary for an
inspection;
3) When
necessary to assure the presence of representatives of the employer and
employees or the appropriate personnel needed to aid in the inspection and in other
circumstances in which the Division Manager determines that the giving of
advance notice would enhance the probability of an effective and thorough
inspection.
b) In
the situations described in subsection (a), advance notice of inspections may
be given only if authorized by the Division Manager, except that, in cases of
apparent imminent danger, advance notice may be given by the Enforcement
Inspector without such authorization if the Division Manager or Regional
Enforcement Manager is not immediately available. When advance notice is given,
it shall be the employer's responsibility to promptly notify the authorized
representative of employees of the inspection, if the identity of the
representative is known to the employer. Upon the request of the employer, the
Inspector will inform the authorized representative of employees of the
inspection, provided that the employer furnishes the Inspector with the
identity of the representative and with other information as is necessary to
enable the Inspector to promptly inform the representative of the inspection.
An employer who fails to comply with their obligation to promptly inform the
authorized representative of employees of the inspection, or to furnish
information necessary to enable the Inspector to promptly inform the
representative of the inspection, may be subject to citation and penalty.
Advance notice in any of the situations described in subsection (a) shall not
be given more than 24 hours before the inspection is scheduled to be conducted,
except in apparent, imminently dangerous situations and in other unusual
circumstances.
c) Section
120 of the Act provides that any person who gives advance notice of any
inspection to be conducted under the Act, without authority from the Director
or their designees, shall have committed a Class B misdemeanor and shall be subject
to all repercussions, if convicted.
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.80 CONDUCT OF INSPECTIONS
Section 350.80 Conduct of Inspections
a) Subject to Section 350.40, inspections shall take
place at such times and in such places of employment as the Division Manager,
Regional Enforcement Manager or the Inspector may direct. At the beginning of
an inspection, Inspectors shall present their credentials to the owner,
operator or agent in charge at the establishment; explain the nature and
purpose of the inspection; and indicate generally the scope of the inspection
and the records they wish to review. However, the designation of records shall
not preclude access to additional records specified in Section 350.40.
b) Inspectors
shall have authority to take environmental samples and to take or obtain
photographs related to the purpose of the inspection, employ other reasonable
investigative techniques, and question privately any employer, owner, operator,
agent or employee of an establishment. (See Section 350.100, Trade Secrets.) As
used in this subsection, "employ other reasonable investigative techniques"
includes, but is not limited to, the use of devices to measure employee
exposures and the attachment of personal sampling equipment such as dosimeters,
pumps, badges and other similar devices by employees in order to monitor their
exposures.
c) In
taking photographs and samples, Inspectors shall take reasonable precautions to
ensure that actions with flash, spark-producing or other equipment would not be
hazardous. Inspectors shall comply with all employer safety and health rules
and practices at the establishment being inspected, and shall wear and use
appropriate protective clothing and equipment.
d) Inspections
shall be conducted in a manner that avoids unreasonable disruption of the
operations of the employer's establishment.
e) At
the conclusion of an inspection, the Inspector shall confer with the employer
or the employer's representative and informally advise the employer of any
apparent safety or health violations disclosed by the inspection. During the
conference, the employer shall be afforded an opportunity to bring to the
attention of the Inspector any pertinent information regarding conditions in
the workplace.
f) Inspections shall be
conducted in accordance with this Part.
g) If
needed in order to make a proper inspection, the Inspector may initiate the
process to compel attendance and testimony of witnesses and the production of
evidence under oath under the Director's authority.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.90 REPRESENTATIVES OF EMPLOYERS AND EMPLOYEES
Section 350.90 Representatives of Employers and Employees
a) Enforcement
Inspectors shall be in charge of inspections and questioning of persons. A
representative of the employer and a representative authorized by the employees
shall be given an opportunity to accompany the Inspector during the physical
inspection of any workplace for the purpose of aiding the inspection. Inspectors
may permit additional employer representatives and additional representatives
authorized by employees to accompany them when they determine that additional
representatives will further aid the inspection. A different employer and
employee representative may accompany the Inspector during each different phase
of an inspection if this will not interfere with the conduct of the inspection.
b) Inspectors
shall have authority to resolve all disputes concerning the identity of the
representative authorized by the employer and employees for the purpose of this
Section. If there is no authorized representative of employees, or if the
Inspector is unable to determine with reasonable certainty who is the
representative, the Inspector shall consult with a reasonable number of
employees concerning matters of safety and health in the workplace.
c) The
representative or representatives authorized by employees may be an employee of
the employer or a third party. When the representative or representatives authorized
by employees are not employees of the employer, they may accompany the
Inspector during the inspection if, in the judgment of the Inspector, good
cause has been shown why accompaniment by a third party is reasonably necessary
to conduct an effective and thorough physical inspection of the workplace
(including, but not limited to, the third party's relevant knowledge, skills,
or experience with hazards or conditions in the workplace or similar workplaces,
or language or communication skills).
d) Inspectors
are authorized to deny the right of accompaniment under this Section to any
person whose conduct interferes with a fair and orderly inspection. The right
of accompaniment in areas containing trade secrets shall be subject to the
provisions of Section 350.100. With regard to information classified by an
agency of State government in the interest of homeland security, only persons
authorized to have access to the information may accompany an Inspector in
areas containing the information.
(Source:
Amended at 48 Ill. Reg. 14714, effective September 28, 2024)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.100 TRADE SECRETS
Section 350.100 Trade Secrets
a) All information reported to or otherwise
obtained by the Director of Labor or the Director's representative in
connection with any inspection or proceeding under the Act or any
standard, rule, regulation, or order adopted or issued under the Act which
contains or might reveal a trade secret shall be considered confidential,
except that such information may be disclosed confidentially to other officers
or employees concerned with carrying out the Act or when relevant to any
proceeding under the Act . In any such proceeding, the Director
or the court shall issue such orders as may be appropriate, including the
impoundment of files, or portions of files, to protect the confidentiality of
trade secrets. (Sec. 125 of the Act)
b) A
person who discloses a trade secret in violation of Section 125 of
the Act and this Section commits a Class B misdemeanor. (Sec. 125 of the
Act)
c) At
the commencement of an inspection, the employer may identify areas in the
establishment that contain or might reveal a trade secret. If the Enforcement
Inspector has no clear reason to question the identification, information
obtained in those areas, including all negatives and prints of photographs and
environmental samples, shall be labeled "Confidential − Trade Secret"
and shall not be disclosed.
d) Upon
the request of an employer, any authorized representative of employees in an
area containing trade secrets shall be an employee in that area or an employee
authorized by the employer to enter that area. When there is no such
representative or employee, the Inspector shall consult with a reasonable
number of employees who work in that area concerning matters of safety and
health.
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.110 CONSULTATION WITH EMPLOYEES
Section 350.110 Consultation with Employees
Enforcement Inspectors may consult with employees concerning
matters of occupational safety and health to the extent they deem necessary for
the conduct of an effective and thorough inspection. During the course of an
inspection, any employee shall be afforded an opportunity to bring any
violation of the Act that the employee has reason to believe exists in the
workplace to the attention of the Inspector.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.120 COMPLAINTS BY EMPLOYEES
Section 350.120 Complaints by Employees
a) Any employee or representative of employees who
believes that a violation of the Act exists in any workplace where the employee
is employed may request an inspection of the workplace by giving notice of the
alleged violation to the Division Manager, Regional Enforcement Manager or to
an Enforcement Inspector. Notice shall be in writing, shall set forth with
reasonable particularity the grounds for the notice, and shall be signed by the
employee or representative of employees. A copy shall be provided to the
employer or the employer's agent by the Inspector no later than at the time of
inspection, except that, upon the request of the person giving the notice, that
person's name and the names of individual employees referred to in the notice
shall not appear in the copy or on any record published, released or made
available by Illinois OSHA.
b) If,
upon receipt of the notification required by subsection (a), the REM determines
that the complaint meets the requirements set forth in subsection (a) and that
there are reasonable grounds to believe that the alleged violation exists, the REM
shall cause an inspection to be made as soon as practicable to determine if the
alleged violation exists. Inspections under this Section shall not be limited
to matters referred to in the complaint.
c) Prior
to or during any inspection of a workplace, any employee or representative of
employees employed in the workplace may notify the Inspector, in writing, of
any violation of the Act that the employee or representative has reason to
believe exists in the workplace. The notice shall comply with the requirements of
subsection (a).
d) A
person may not discharge or in any way discriminate against an employee because
the employee has:
1) filed
a complaint or instituted or caused to be instituted any proceeding under the
Act;
2)
testified or is about to testify in any such proceeding under the Act;
or
3) exercised
on their own behalf or on behalf of another person, any right afforded
by the Act. (Sec. 110 of the Act)
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.125 DISCRIMINATION PROHIBITED AGAINST EMPLOYEES
Section 350.125 Discrimination Prohibited Against
Employees
a) Basic Requirement
Section 110 of the Act provides in
general that no person shall discharge or in any manner discriminate against
any employee because the employee has:
1) Filed any complaint
under the Act or related to the Act;
2) Instituted
or caused to be instituted any proceeding under the Act or related to the Act;
3) Testified
or is about to testify in any proceeding under the Act or related to the Act;
or
4) Exercised
on the employee's own behalf or on behalf of another any right afforded by the Act.
b) Any
employee who believes that they have has been discriminated against in
violation of Section 110 may, within 30 calendar days after the violation
occurs, lodge a written complaint with the Division alleging the violation.
c) The
Division shall then cause appropriate investigation to be made. If, as a
result of the investigation, it is determined that the provisions of Section 110
have been violated, civil action may be instituted in any appropriate court to
restrain violations of Section 110 and to obtain appropriate relief, including
rehiring or reinstatement of the employee to their former position with back
pay.
d) Section
110 of the Act further provides for notification of complainants by the
Division of determinations made pursuant to their complaints.
e) Section
110 does not limit the actions to employers against employees. A person may be
chargeable with discriminatory action against an employee of another person.
It would extend to such entities as organizations representing employees for
collective bargaining purposes or any other person in a position to discriminate
against an employee.
f) All
public employees are afforded the full protection of Section 110. The Act does
not define the term "employ"; however, the broad remedial nature of the
Act demonstrates a clear intent that the existence of an employment
relationship is to be based upon economic realities rather than upon common law
doctrines and concepts.
g) Actions
taken by an employer, or others, that adversely affect an employee may be
predicated upon non-discriminatory grounds. The proscriptions of Section 110
apply when the adverse action occurs because the employee has engaged in protected
activities. An employee's engagement in activities protected by the Act does
not automatically render that employee immune from discharge or discipline for
legitimate reasons, or from adverse action dictated by non-prohibited
considerations.
h) At
the same time, to establish a violation of Section 110, the employee's
engagement in a protected activity need not be the sole consideration behind
discharge or other adverse action. If a protected activity was a substantial
reason for the action, or if the discharge or other adverse action would not
have taken place but for engagement in a protected activity, Section 110 has
been violated. Ultimately, the issue as to whether a discharge was because of
a protected activity will have to be determined on the basis of the facts in
the particular case.
i) Complaints
Under or Related to the Act
1) Discharge
or discrimination against an employee because the employee has filed any
complaint under or related to the Act] is prohibited by Section 110. (Sec.
110(a) of the Act) An example of a complaint made under the Act would be an
employee request for inspection pursuant to Section 70 of the Act. However,
this would not be the only type of complaint protected by Section 110.
2) The
salutary principles of the Act would be seriously undermined if employees were
discouraged from lodging complaints about occupational safety and health
matters with their employers. These complaints to employers, if made in good
faith, therefore would be related to the Acts, and an employee would be
protected against discharge or discrimination caused by a complaint to the
employer.
j) Proceedings Under or
Related to the Act
1) Discharge
or discrimination against an employee because the employee has instituted or
caused to be instituted any proceeding under the Act is also
prohibited by Section 110. (Sec. 110(a) of the Act) Examples of proceedings
that could arise specifically under the Act include inspection of worksites
under Section 65 of the Act, employee contest of abatement date under Section 95
of the Act, employee initiation of proceeding for promulgation of an
occupational safety and health standard under Section 25 of the Act, and employee
application for modification or revocation of a variance under Section 50 of the
Act.
2) An
employee need not directly institute the proceedings to be protected by the
anti-discrimination provisions of this Section. It is sufficient if the
employee sets into motion activities of others that result in proceedings under
or related to the Act.
k) Testimony
1) Discharge
or discrimination against an employee because the employee has testified or
is about to testify in any proceedings under or related to the Act is also
prohibited under Section 110. (Sec. 110(a) of the Act) This protection would
not be limited to testimony in proceedings instituted or caused to be
instituted by the employee, but would extend to any statements given in the
course of judicial, quasi-judicial and administrative proceedings, including
inspections, investigations and administrative rulemaking or adjudicative
functions.
2) If
the employee is giving or is about to give testimony in any proceeding under or
related to the Act, the employee is protected against discrimination resulting
from that testimony.
l) Exercise of Any Right
Afforded by the Act
1) Section
110 also protects employees from discrimination occurring because of the
exercise of any right afforded by the Act. Certain rights are explicitly
provided in the Act; for example, there is a right to participate as a party in
enforcement proceedings. Certain other rights exist by necessary implication.
For example, employees may request information from the Division; these
requests would constitute the exercise of a right afforded by the Act.
Likewise, employees interviewed by agents of the Department in the course of
inspections or investigations could not be subsequently discriminated against
because of their cooperation.
2) As a
general matter, there is no right afforded by the Act that entitles employees
to walk off the job because of potential unsafe conditions at the workplace,
because hazardous conditions that may be a violation of the Act will ordinarily
be corrected by the employer, once brought to their attention. Under these
circumstances, an employer would not ordinarily be in violation of Section 110
by taking action to discipline an employee for refusing to perform normal job
activities because of alleged safety or health hazards. Notwithstanding the
above, if corrections are not accomplished, or if there is dispute about the
existence of a hazard, the employee will normally have the opportunity to
request inspection of the workplace. In no circumstance shall an employee be
subject to discipline solely because the employee files, or plans to file, a
complaint with Illinois OSHA.
3) An
employee may be confronted with a choice between performing assigned tasks or risking
serious injury or death arising from a hazardous condition in the workplace.
If the employee, with no reasonable alternative, refuses in good faith to be
exposed to the dangerous condition, the employee would be protected against
subsequent discrimination. The condition causing the employee's apprehension
of death or injury must be of such a nature that a reasonable person, under the
circumstances then confronting the employee, would conclude that there is a
real danger of death or serious injury and that there is insufficient time, due
to the urgency of the situation, to eliminate the danger through resort to
regular statutory enforcement channels. In addition, in such circumstances,
the employee, when possible, must also have sought from the employer, and been
unable to obtain, a correction of the dangerous condition.
m) Filing of a
Discrimination Complaint
1) A
complaint of Section 110 discrimination may be filed by the employee or by an
authorized representative of the employee.
A) Nature
of Filing. The complaint must be received in a verbal or written form by the
employee or authorized representative of the employee.
B) Place
of Filing. A complaint should be filed with Illinois OSHA .
C) Time
for Filing. Section 110 provides that an employee who believes that discrimination
has occurred may, within 30 calendar days after the violation occurs, file
a complaint with Illinois OSHA. (Sec. 110(b) of the Act)
D) Circumstances
that would justify tolling of the 30-calendar-day period on recognized
equitable principles or because of strongly extenuating circumstances include, but
are not limited to, e.g., when the employer has concealed the nature of, or
misled the employee regarding the grounds for, discharge or other adverse
action; or when the discrimination is in the nature of a continuing violation.
The pendency of grievance-arbitration proceedings or filing with another
agency, among others, are circumstances that do not justify tolling the 30-calendar-day
period. In the absence of circumstances justifying tolling of the 30-calendar-day
period, untimely complaints will not be processed.
n) Notification
of the Division's Determination. The complainant shall be notified of the
Division's determination in a timely manner.
o) Withdrawal
of Complaint. Attempts by an employee to withdraw a previously filed complaint
will not necessarily result in termination of the investigation. The
Division's jurisdiction cannot be foreclosed as a matter of law by unilateral
action of the employee. However, a voluntary and uncoerced request from a
complainant to withdraw the complaint will be given careful consideration and
substantial weight as a matter of policy and sound enforcement procedure.
p) Arbitration
or Other Agency Proceedings. The Division's jurisdiction to entertain Section 110
complaints, to investigate, and to determine whether discrimination has
occurred is independent of the jurisdiction of other agencies or bodies. Due
deference may be paid to the jurisdiction of other forums established to
resolve disputes that may also be related to Section 110 complaints.
Postponement of the Division's determination, and deferral to the results of
the proceedings of another jurisdiction, may be warranted.
1) Postponement
of Determination. Postponement of determination would be justified when the
rights asserted in other proceedings are substantially the same as rights under
Section 110, and those proceedings are not likely to violate the rights
guaranteed under Section 110. The factual issues in such proceedings must be
substantially the same as those raised by the Section 110 complaint, and the
forum hearing the matter must have the power to determine the ultimate issue of
discrimination.
2) Deferral
to Outcome of Other Proceedings. A determination to defer to the outcome of
other proceedings initiated by a complainant must necessarily be made on a
case-by-case basis, after careful scrutiny of all available information.
Before deferring to the results of other proceedings, it must be clear that
those proceedings dealt adequately with all factual issues, that the
proceedings were fair, regular and free of procedural infirmities, and that the
outcome of the proceedings was not repugnant to the purpose and policy of the Act.
In this regard, if the other actions initiated by a complainant are dismissed
without adjudicatory hearing, that dismissal will not ordinarily be regarded as
determinative of the Section 110 complaint.
q) Employee
Refusal to Comply with Safety Rules. Employees who refuse to comply with
occupational safety and health standards or valid safety rules implemented by
the employer in furtherance of the Act are not exercising any rights afforded
by the Act. Disciplinary measures taken by an employer solely in response to
an employee's refusal to comply with appropriate safety rules and regulations
will not ordinarily be regarded as discriminatory action prohibited by Section 110.
This situation should be distinguished from refusals to work as discussed in
subsection (l).
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.130 INSPECTION NOT WARRANTED; INFORMAL REVIEW
Section 350.130 Inspection not Warranted; Informal Review
a) If
the Regional Enforcement Manager determines that an inspection is not warranted
because there are no reasonable grounds to believe that a violation or danger
exists with respect to a complaint under Section 350.120, the REM shall notify
the complaining party in writing of that determination. The complaining party
may obtain review of the determination by submitting a written statement of
position to the Division Manager and, at the same time, providing the employer
with a copy of the statement by certified mail. The employer may submit an
opposing written statement of position with the Division Manager and, at the
same time, provide the complaining party with a copy of such statement by
certified mail. Upon the request of the complaining party or the employer, the
Division Manager has discretion to hold an informal conference in which the
complaining party and the employer may orally present their views. After
considering all written and oral views presented, the Division Manager shall
affirm, modify or reverse the determination of the REM and furnish the
complaining party and the employer written notification of this decision and
the reasons for the decision. The decision of the Division Manager shall be
final and not subject to further review.
b) If
the REM determines that an inspection is not warranted because the requirements
of Section 350.120(a) have not been met, the REM shall notify the complaining
party in writing of that determination. The determination shall be without
prejudice to the filing of a new complaint meeting the requirements of Section 350.120(a).
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.140 IMMINENT DANGER
Section 350.140 Imminent Danger
Whenever, and as soon as, an Enforcement Inspector concludes
on the basis of an inspection that conditions or practices exist in any place
of employment that could reasonably be expected to immediately cause death or
serious physical harm or before the imminence of the danger can be eliminated
through the enforcement procedures otherwise provided by the Act, the Inspector
shall inform the affected employees and employers of the danger and inform them
that the Inspector is recommending a civil action to restrain the conditions or
practices and for other appropriate relief in accordance with the provisions of
Section 115 of the Act. Appropriate citations and notices of proposed
penalties may be issued with respect to an imminent danger even though, after
being informed of the danger by the Inspector, the employer immediately
eliminates the imminence of the danger and initiates steps to abate the danger.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.150 CITATIONS; POLICY REGARDING EMPLOYEE RESCUE ACTIVITIES
Section 350.150 Citations; Policy Regarding Employee Rescue
Activities
a) The Regional Enforcement Manager, on behalf of
the Division Manager, shall review the inspection report of the Enforcement
Inspector. If, on the basis of the report, the REM believes that the employer
has violated a requirement of Section 20 of the Act, of any standard, rule or
order promulgated pursuant to Section 20 of the Act, or of this Chapter, the
REM shall, if appropriate, consult with the Chief Legal Counsel and issue to
the employer a citation on behalf of the Division Manager. An appropriate
citation shall be issued even if, after being informed of an alleged violation
by the Inspector, the employer immediately abates, or initiates steps to abate,
the alleged violation. Any citation shall be issued with reasonable promptness
after completion or termination of the inspection. No citation may be issued
under this Section after the expiration of 6 months following the occurrence of
any alleged violation.
b) Any
citation shall describe with particularity the nature of the alleged violation,
including a reference to the provisions of the Act, standard, rule, regulation
or order alleged to have been violated. Any citation shall also fix a
reasonable time or times for the abatement of the alleged violation.
c) If a
citation is issued for a violation alleged in a request for inspection under Section
350.120(a) or a notification
of violation under Section 350.120(c), a copy of the citation shall also be
sent to the employee or representative of employees who made the request or
notification.
d) After
an inspection, if the REM determines that a citation is not warranted with
respect to a danger or violation alleged to exist in a request for inspection
under Section 350.120(a) or a notification of violation under Section 350.120(c),
the informal review procedures prescribed in Section 350.130 shall be
applicable. After considering all views presented, the Division Manager shall
affirm the determination of the REM, order a re-inspection, or issue a citation
if the Division Manager believes that the inspection disclosed a violation. The
Division Manager shall furnish the complaining party and the employer with
written notification of this determination and the reasons for the
determination. The determination of the Division Manager shall be final and not
subject to review.
e) Every
citation shall state that the issuance of a citation does not constitute a
finding that a violation of the Act has occurred unless there is a failure to
contest as provided for in the Act or, if contested, unless the citation is
affirmed by the Administrative Law Judge.
f) No
citation may be issued to an employer because of a rescue activity undertaken
by an employee of that employer with respect to an individual in imminent
danger unless:
1) the
employee is designated or assigned by the employer to have responsibility to
perform or assist in rescue operations, and the employer fails to provide protection of the
safety and health of the employee, including failing to provide appropriate
training and rescue equipment;
2) the
employee is directed by the employer to perform rescue activities in the course
of carrying out the employee's job duties, and the employer fails to provide
protection of the safety and health of the employee, including failing to provide
appropriate training and rescue equipment; or
3) the
employee:
A) is
employed in a workplace that requires the employee to carry out duties that are
directly related to a workplace operation where the likelihood of
life-threatening accidents is foreseeable, such as a workplace operation where
employees are located in confined spaces or trenches, handle hazardous waste,
respond to emergency situations, perform excavations, or perform construction
over water;
B) the
employee has not been designated or assigned to perform or assist in rescue
operations and voluntarily elects to rescue such an individual; and
C) the
employer has failed to instruct employees not designated or assigned to perform
or assist in rescue operations of the arrangements for rescue and not to
attempt rescue, and to instruct employees of the hazards of attempting rescue
without adequate training or equipment.
g) For
purposes of this Section, the term imminent danger means the existence of any
condition or practice that could reasonably be expected to cause death or
serious physical harm before the condition or practice can be abated.
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.160 PETITIONS FOR MODIFICATION OF ABATEMENT DATE
Section 350.160
Petitions for Modification of Abatement Date
a) An
employer may file a petition for modification of an abatement date when he or
she has made a good faith effort to comply with the abatement requirements of a
citation, but the abatement has not been completed because of factors beyond
his or her reasonable control.
b) A
petition for modification of an abatement date shall be in writing and shall
include the following information:
1) All
steps taken by the employer, and the dates of the action, in an effort to
achieve compliance during the prescribed abatement period.
2) The
specific additional abatement time necessary to achieve compliance.
3) The
reasons the additional time is necessary, including the unavailability of
professional or technical personnel or of materials and equipment, or because
necessary construction or alteration of facilities cannot be completed by the
original abatement date.
4) All
available interim steps being taken to safeguard the employees against the
cited hazard during the abatement period.
5) A
certification that a copy of the petition has been posted and, if appropriate,
served on the authorized representative of affected employees, in accordance
with subsection (c)(1) and a certification of the date upon which the posting
and service was made.
c) A
petition for modification of abatement date shall be filed with the Division
Manager or his or her designee who issued the citation no later than the close
of the next working day following the date on which abatement was originally
required. A later-filed petition shall be accompanied by the employer's
statement of exceptional circumstances explaining the delay.
1) A
copy of the petition shall be posted in a conspicuous place where all affected
employees will have notice of the petition or near the location where the
violation occurred. The petition shall remain posted for a period of 10 working
days. When affected employees are represented by an authorized representative, the
representative shall be served with a copy of the petition.
2) Affected
employees or their representatives may file an objection in writing to the
petition with the Division Manager. Failure to file the objection within 10
working days after the date of posting of the petition or after service upon an
authorized representative shall constitute a waiver of any further right to
object to the petition.
3) The
Director or his or her duly authorized agent shall have the authority to
approve any petition for modification of an abatement date filed pursuant to subsection
(b) and this subsection (c). Uncontested petitions shall become final orders
[820 ILCS 220/2.4(a)(3)].
4) The
Director or his or her authorized representative shall not exercise his or her approval
power until the expiration of 15 working days from the date the petition was
posted or served by the employer pursuant to subsections (c)(1) and (2).
d) When
any petition is objected to by the Director or affected employees, the
petition, citation and any objections shall be forwarded to the Chief
Administrative Law Judge within 3 working days after the expiration of the 15
day period set out in subsection (c)(4).
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.170 PROPOSED PENALTIES
Section 350.170 Proposed Penalties
a) After, or concurrent with, the issuance of a
citation, and within a reasonable time after the termination of the inspection,
the Division Manager shall notify the employer by certified mail or by personal
service by the Enforcement Inspector of the proposed penalty under Section 85
of the Act or that no penalty is being proposed. Any notice of proposed penalty
shall state that the proposed penalty is the final order of the Director of
Labor and not subject to review by any court or agency unless, within 15 working
days from the date of receipt of the notice, the employer notifies the Division
Manager in writing of the employer's intention to contest the citation or the
notification of proposed penalty before an Administrative Law Judge.
b) The
Division Manager shall determine the amount of any proposed penalty, giving due
consideration to the appropriateness of the penalty with respect to the size of
the business of the employer being charged, the gravity of the violation, the
good faith of the employer, and the history of previous violations, in
accordance with Section 85 of the Act.
c) Appropriate
penalties may be proposed with respect to an alleged violation even though,
after being informed of the alleged violation by the Inspector, the employer
immediately abates, or initiates steps to abate, the alleged violation.
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.180 POSTING OF CITATIONS
Section 350.180 Posting of Citations
a) Upon receipt of any citation under the Act, the
employer shall immediately post the citation, or a copy of the citation,
unedited, at or near each place an alleged violation referred to in the
citation occurred, except as provided in this subsection. When, because of the
nature of the employer's operations, it is not practicable to post the citation
at or near each place of alleged violation, the citation shall be posted,
unedited, in a prominent place where it will be readily observable by all
affected employees. For example, when employers are engaged in activities that
are physically dispersed (see Section 350.30(b)), the citation may be posted at
the location to which employees report each day. When employees do not
primarily work at or report to a single location, the citation may be posted at
the location from which the employees operate to carry out their activities. The
employer shall take steps to ensure that the citation is not altered, defaced
or covered by other material.
b) Each
citation, or a copy, shall remain posted until the violation has been abated,
or for 3 working days, whichever is later. The filing by the employer of a
notice of intention to contest under Section 350.190 shall not affect the posting
responsibility under this Section unless and until the Administrative Law Judge
issues a final order vacating the citation.
c) An
employer to whom a citation has been issued may post a notice in the same
location where the citation is posted indicating that the citation is being
contested before an ALJ, the notice may explain the reasons for the contest.
The employer may also indicate that specified steps have been taken to abate
the violation.
d) Any
employer failing to comply with the provisions of subsections (a) and (b) shall
be subject to citation and penalty in accordance with provisions of Sections 80
and 85 of the Act.
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.190 EMPLOYER AND EMPLOYEE CONTESTS BEFORE THE ADMINISTRATIVE LAW JUDGES OF THE HEARINGS DIVISION
Section 350.190 Employer and Employee Contests before
the Administrative Law Judges of the Hearings Division
a) Any employer to whom a citation or notice of
proposed penalty has been issued may, under Section 100 of the Act, notify the
Division Manager in writing that the employer intends to contest the citation
or proposed penalty before an Administrative Law Judge. The notice of intention
to contest shall be postmarked within 15 working days after receipt by the
employer of the notice of proposed penalty. Every notice of intention to
contest shall specify whether it is directed to the citation or to the proposed
penalty, or both. The Division Manager shall immediately transmit the notice to
the Chief ALJ in accordance with IDOL's Rules of Procedure in Administrative
Hearings (56 Ill. Adm. Code 120).
b) Any
employee or representative of employees of an employer to whom a citation has
been issued may, under Section 95 of the Act, file a written notice with the
Division Manager alleging that the period of time fixed in the citation for the
abatement of the violation is unreasonable. The notice shall be postmarked
within 15 working days after the receipt by the employer of the notice of
proposed penalty or notice that no penalty is being proposed. The Division
Manager shall immediately transmit the notice to the Chief ALJ in accordance
with 56 Ill. Adm. Code 120.
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.200 FAILURE TO CORRECT A VIOLATION FOR WHICH A CITATION HAS BEEN ISSUED
Section 350.200 Failure to Correct a Violation for which
a Citation has been Issued
a) If an inspection discloses that an employer has
failed to correct an alleged violation for which a citation has been issued
within the period permitted for its correction, the Division Manager shall, if
appropriate, consult with the Chief Legal Counsel and notify the employer by
certified mail or by personal service by the Enforcement Inspector of that
failure and of the penalty proposed to be assessed under Section 85 of the Act.
The period for the correction of a violation for which a citation has been issued
shall not begin to run until the entry of a final order of the Administrative
Law Judge in the case of any review proceedings initiated by the employer in
good faith and not solely for delay or avoidance of penalties.
b) Any
employer receiving a notification of failure to correct a violation and of
proposed additional penalty may, under Section 95 of the Act, notify the
Division Manager in writing that the employer intends to contest the
notification or proposed additional penalty before an ALJ. The notice of
intention to contest shall be postmarked within 15 working days after the
receipt by the employer of the notification of failure to correct a violation
and of the proposed additional penalty. The Division Manager shall immediately
transmit the notice to the Chief ALJ in accordance with 56 Ill. Adm. Code 120.
c) Each
notification of failure to correct a violation and of proposed additional
penalty shall state that it is the final order of the ALJ and not subject to
review by any court or agency unless, within 15 working days from the date of
receipt of the notification, the employer notifies the Division Manager in
writing that the employer intends to contest the notification or the proposed
additional penalty before an ALJ.
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.210 ABATEMENT VERIFICATION
Section 350.210 Abatement Verification
Illinois OSHA inspections are intended to result in the
abatement of violations of the Act. This Section sets forth the procedures the
Division will use to ensure abatement. These procedures are tailored to the
nature of the violation and the employer's abatement actions.
a) Scope
and Application
This Section applies to employers
who receive a citation for a violation of the Act.
b) Definitions
1) Abatement
means action by an employer to comply with a cited standard or regulation or to
eliminate a recognized hazard identified by the Division during an inspection.
2) Abatement date means:
A) For an
uncontested citation item, the later of:
i) The date in the citation
for abatement of the violation;
ii) The
date approved by the Division or established in litigation as a result of a
petition for modification of the abatement date (PMA); or
iii) The
date established in a citation by an informal settlement agreement.
B) For a
contested citation item for which the Administrative Law Judge has issued a
final order affirming the violation, the later of:
i) The date identified in the
final order for abatement; or
ii) The
date computed by adding the period allowed in the citation for abatement to the
final order date;
iii) The date established by a
formal settlement agreement.
3) Affected
employees means those employees who are exposed to the hazards identified as
violations in a citation.
4) Final order date means:
A) For an
uncontested citation item, the 15th working day after the employer's
receipt of the citation;
B) For a contested citation item:
i) The 30th
calendar day after the date on which a decision or order of an ALJ has been
docketed; or
ii) When
review has been directed, the 30th calendar day after the date on
which the ALJ issues a or order disposing of all or pertinent parts of a case;
or
iii) The
date on which an appeals court issues a decision affirming the violation in a
case in which a final order of an ALJ has been stayed.
5) Movable
equipment means a hand-held or non-hand-held machine or device, powered or
unpowered, that is used to do work and is moved within or between worksites.
c) Abatement Certification
1) Within
10 calendar days after the abatement date, the employer must certify to the
Division Manager that each cited violation has been abated, except as provided
in subsection (c)(2).
2) The
employer is not required to certify abatement if the Enforcement Inspector,
during the on-site portion of the inspection:
A) Observes,
within 24 hours after a violation is identified, that abatement has occurred;
and
B) Notes in the citation that abatement has occurred.
3) The
employer's certification that abatement is complete must include, for each
cited violation, in addition to the information required by subsection (h), the
date and method of abatement and a statement that affected employees and their
representatives have been informed of the abatement.
d) Abatement
Documentation
1) The
employer must submit to the Division Manager, along with the information on
abatement certification required by subsection (c)(3), documents demonstrating
that abatement is complete for each willful or repeat violation and for any
serious violation for which the Division Manager indicates in the citation that
abatement documentation is required.
2) Documents
demonstrating that abatement is complete may include, but are not limited to,
evidence of the purchase or repair of equipment, photographic or video evidence
of abatement, or other written records.
e) Abatement Plans
1) The
Division Manager may require an employer to submit an abatement plan for each
cited violation when the time permitted for abatement is more than 90 calendar
days. If an abatement plan is required, the citation must so indicate.
2) The
employer must submit an abatement plan for each cited violation within 25
calendar days from the final order date when the citation indicates that a plan
is required. The abatement plan must identify the violation and the steps to be
taken to achieve abatement, including a schedule for completing abatement and,
when necessary, how employees will be protected from exposure to the violative
condition in the interim until abatement is complete.
f) Progress
Reports
1) An
employer who is required to submit an abatement plan may also be required to
submit periodic progress reports for each cited violation. The citation must
indicate:
A) That
periodic progress reports are required and the citation items for which they
are required;
B) The
date on which an initial progress report must be submitted, which may be no
sooner than 30 calendar days after submission of an abatement plan;
C) Whether additional progress reports are required;
and
D) The
dates on which additional progress reports must be submitted.
2) For
each violation, the progress report must identify, in a single sentence if
possible, the action taken to achieve abatement and the date the action was
taken.
g) Employee
Notification
1) The
employer must inform affected employees and their representatives about
abatement activities covered by this Section by posting a copy of each document
submitted to the Division Manager or a summary of the document near the place
where the violation occurred.
2) When
the posting does not effectively inform employees and their representatives
about abatement activities (e.g., for employers who have mobile work
operations), the employer must:
A) Post
each document or a summary of the document in a location where it will be
readily observable by affected employees and their representatives; or
B) Take
other steps to communicate fully to affected employees and their
representatives about abatement activities.
3) The
employer must inform employees and their representatives of their right to
examine and copy all abatement documents submitted to the Division Manager.
A) An
employee or an employee representative must submit a request to examine and
copy abatement documents within 3 working days after receiving notice that the
documents have been submitted.
B) The
employer must comply with an employee's or employee representative's request to
examine and copy abatement documents within 5 working days after receiving the
request.
4) The
employer must ensure that notice to employees and employee representatives is
provided at the same time or before the information is provided to the Division
Manager and that abatement documents are:
A) Not altered, defaced or
covered by other material; and
B) Remain
posted for 3 working days after submission to the Division Manager.
h) Transmitting Abatement Documents
1) The
employer must include, in each submission required by this Section, the
following information:
A) The
employer's name and address;
B) The
inspection number to which the submission relates;
C) The
citation and item numbers to which the submission relates;
D) A
statement that the information submitted is accurate; and
E) The
signature of the employer or the employer's authorized representative.
2) The
date of postmark is the date of submission for mailed documents. For documents
transmitted by other means, the date the Division Manager receives the document
is the date of submission.
i) Movable Equipment
1) For
serious, repeat and willful violations involving movable equipment, the
employer must attach a warning tag or a copy of the citation to the operating
controls or to the cited component of equipment that is moved within the
worksite or between worksites. Attaching a copy
of the citation to the equipment is deemed to meet the tagging requirement of
this Section, as well as the posting requirements of Section 350.180.
2) The
employer must use a warning tag that properly warns employees about the nature
of the violation involving the equipment and identifies the location of the
citation issued.
3) If
the violation has not already been abated, a warning tag or copy of the
citation must be attached to the equipment:
A) For
hand-held equipment, immediately after the employer receives the citation; or
B) For
non-hand-held equipment, prior to moving the equipment within or between
worksites.
4) For
the construction industry, a tag that is designed and used in accordance with
29 CFR 1926.20(b)(3) and 1926.200(h) is deemed to meet the requirements of this
Section when the information required by subsection (i)(2) is included on the
tag.
5) The
employer must assure that the tag or copy of the citation attached to movable
equipment is not altered, defaced or covered by other material.
6) The
employer must assure that the tag or copy of the citation attached to movable
equipment remains attached until:
A) The
violation has been abated and all abatement verification documents required by
this Section have been submitted to the Division Manager;
B) The
cited equipment has been permanently removed from service or is no longer
within the employer's control; or
C) The ALJ
issues a final order vacating the citation.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.220 INFORMAL CONFERENCES
Section 350.220 Informal Conferences
At the request of an affected
employer, employee or representative of employees, the Division Manager or
designee may hold an informal conference for the purpose of discussing any
issues raised by an inspection, citation, notice of proposed penalty, or notice
of intention to contest. The settlement of any issue at the conference shall be
subject to 56 Ill. Adm. Code 120. If the conference is requested by the
employer, an affected employee or their representative shall be afforded an
opportunity to participate, at the discretion of the Division Manager or
designee. If the conference is requested by an employee or representative of
employees, the employer shall be afforded an opportunity to participate, at the
discretion of the Division Manager or designee. Any party may be represented by
counsel at the conference. No conference or request for a conference shall
operate as a stay of any 15-working-day period for filing a notice of intention
to contest as prescribed in Section 350.190.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
SUBPART B: INJURY/ILLNESS RECORDKEEPING AND REPORTING REQUIREMENTS
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.250 PURPOSE, SCOPE AND DEFINITIONS
Section 350.250 Purpose, Scope and
Definitions
a) Purpose
The purpose of this Subpart B is
to require employers to record and report work-related fatalities, injuries and
illnesses. Recording or reporting a work-related injury, illness or fatality
does not mean that the employer or employee was at fault, that a standard or
rule has been violated, or that the employee is eligible for workers'
compensation or other benefits.
b) Scope.
All public employers are required to maintain records of work-related injuries
and illnesses under this Subpart B.
c) Definitions
For purposes of this Subpart B,
the following terms have the meanings ascribed in this subsection:
Establishment − a single
physical location where business is conducted or where services or industrial
operations are performed. For activities in which employees do not work at a
single physical location, such as construction, transportation, and electric,
gas and sanitary services, and similar operations, the establishment is represented
by main or branch offices, terminals, stations, etc., that either supervise those
activities or are the base from which personnel carry out those activities.
One
location contains two or more establishments if:
Each group represents a distinctly
separate function (i.e., police, fire); or
Each
establishment is engaged in different economic activity;
No one NAICS (North American
Industry Classification System) Code applies to the joint activities; or
Separate reports are routinely prepared
for each group on the number of employees and/or wages.
An establishment can
include more than one physical location if:
The employer operates the
locations as a single operation under common management;
The locations are
all located in close proximity to each other; and
The employer keeps one set of records
for the locations, such as records on the number of employees, their wages and
salaries and other kinds of business information. For example, one
establishment might include the main plant, a warehouse a few blocks away, and
an administrative services building across the street.
When an employee telecommutes from home, the employee's home is
not a business establishment and a separate OSHA Form 300 Log (Log of Work-Related
Injuries and Illnesses) is not required. Employees who telecommute must be
linked to one establishment.
Forms – the required forms for
documenting work-related deaths, injuries and illnesses are the OSHA Form 300
(Log of Work-Related Injuries and Illnesses), the OSHA 300A (Summary of
Injuries/Illnesses) and the OSHA 301 (Injury/Illness Incident Form). The Illinois
Workers' Compensation Commission IWCC Form 45 (Employer's First Report of Injury)
may be substituted for the OSHA Form 301 as long as the information is equivalent.
Injury or Illness − an abnormal condition or disorder.
Injuries include, but are but not limited to, a cut, fracture, sprain or
amputation. Illnesses include both acute and chronic illnesses, such as, but
not limited to, a skin disease, respiratory disorder or poisoning. Injuries and illnesses are recordable
only if they are new, work-related cases that meet one or more of this Subpart's
recording criteria.
Physician or Other Licensed Health
Care Professional − an individual whose legally permitted scope of
practice (i.e., license, registration or certification) allows the individual
to independently perform, or be delegated the responsibility to perform, the
activities described by this Subpart.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.260 RECORDING CRITERIA
Section 350.260 Recording Criteria
a) Basic Requirement
Every public employer that is
required by this Part to keep records of fatalities, injuries and illnesses
must record each fatality, injury and illness that:
1) is work-related;
2) is a new case; and
3) meets
one or more of the general recording criteria of Section 350.290 or the
recording criteria applying to specific cases in Sections 350.300 through
350.330.
b) Implementation
1) Criteria for Recording Work-Related
Injuries and Illnesses
The criteria for recording
work-related injuries and illnesses are found in various Sections of this Part
as follows:
A) Determination
of work-relatedness: Section 350.270.
B) Determination
of a new case: Section 350.280.
C) General
recording criteria: Section 350.290.
D) Additional
criteria (needlestick and sharps injury cases, tuberculosis cases, hearing loss
cases, medical removal cases, and musculoskeletal disorder cases): Sections
350.300 through 350.330.
2) Appendix A includes a
decision tree to assist reporters in determining what particular injuries or
illnesses are recordable.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.270 DETERMINATION OF WORK-RELATEDNESS
Section 350.270
Determination of Work-Relatedness
a) Basic Requirement
An injury or illness is work-related
if an event or exposure in the work environment either caused or contributed to
the resulting condition or significantly aggravated a pre-existing injury or
illness. Work-relatedness is presumed for injuries and illnesses resulting from
events or exposures occurring in the work environment, unless an exception in subsection
(b)(2) specifically applies.
b) Implementation
1) Work Environment
The work
environment is defined as the establishment and other locations where one or
more employees are working or are present as a condition of their employment.
The work environment includes not only physical locations, but also the
equipment or materials used by the employee during the course of work.
2) Exceptions
An injury or
illness occurring in the work environment that falls under one or more of the
following exceptions is not work-related and, therefore, is not recordable:
A) At the
time of the injury or illness, the employee was present in the work environment
as a member of the general public rather than as an employee.
B) The
injury or illness involves signs or symptoms that surface at work but result
solely from a non-work-related event or exposure that occurs outside the work
environment.
C) The
injury or illness results solely from voluntary participation in a wellness
program or in a medical, fitness or recreational activity such as blood
donation, physical examination, flu shot, exercise class, racquetball or
baseball.
D) The
injury or illness is solely the result of an employee eating, drinking or
preparing food or drink for personal consumption (whether bought on the
employer's premises or brought in). EXAMPLE: if the employee is injured by
choking on a sandwich while in the employer's establishment, the case would not
be considered work-related. However, if the employee is made ill by ingesting
food contaminated by workplace contaminants (such as lead), or gets food
poisoning from food supplied by the employer, the case would be considered
work-related.
E) The
injury or illness is solely the result of an employee doing personal tasks
(unrelated to the employment) at the establishment outside of the employee's
assigned working hours.
F) The
injury or illness is solely the result of personal grooming, self-medication
for a non-work-related condition, or intentionally self-inflicted.
G) The
injury or illness is caused by a motor vehicle accident and occurs on a company
parking lot or company access road while the employee is commuting to or from
work.
H) The
illness is the common cold or flu. Contagious diseases such as tuberculosis,
brucellosis, hepatitis A, illness resulting from variants of SARS-CoV
(including COVID-19), or plague are considered work-related if the employee is
infected at work.
I) The
illness is a mental illness. Mental illness will not be considered work-related
unless the employee voluntarily provides the employer with an opinion from a
physician or other licensed health care professional with appropriate training
and experience (psychiatrist, psychologist, psychiatric nurse practitioner,
etc.) stating that the employee has a mental illness that is work-related.
3) Determining
whether the Precipitating Event Occurred in the Work Environment
If it is not obvious whether the
precipitating event or exposure occurred in the work environment, the employer must
evaluate the employee's work duties and environment to decide whether one or
more events or exposures in the work environment either caused or contributed
to the resulting condition or significantly aggravated a pre-existing
condition.
4) Aggravating Pre-Existing
Conditions
A
pre-existing injury or illness has been significantly aggravated, for purposes
of injury and illness recordkeeping, when an event or exposure in the work
environment results in any of the following:
A) Death, provided that the pre-existing
injury or illness would likely not have resulted in death but for the
occupational event or exposure.
B) Loss of
consciousness, provided that the pre-existing injury or illness would likely
not have resulted in loss of consciousness but for the occupational event or
exposure.
C) One or
more days away from work, or days of restricted work, or days of job transfer
that otherwise would not have occurred but for the occupational event or
exposure.
D) Medical
treatment in a case in which no medical treatment was needed for the injury or
illness before the workplace event or exposure, or a change in medical
treatment was necessitated by the workplace event or exposure.
5) Pre-existing Conditions
An injury or
illness is a pre-existing condition if it resulted solely from a
non-work-related event or exposure that occurred outside the work environment.
6) Travel Status
Injuries and
illnesses that occur while an employee is on travel status are work-related if,
at the time of the injury or illness, the employee was engaged in work
activities in the interest of the employer. Examples of these activities
include travel to and from customer contacts, conducting job tasks, and
entertaining or being entertained to transact, discuss or promote business
(work-related entertainment includes only entertainment activities being
engaged in at the direction of the employer). Injuries or
illnesses that occur when the employee is on travel status do not have to be
recorded if they meet one of the following exceptions:
A) When a
traveling employee checks into a hotel or motel, or other temporary residence, the
employee establishes a home away from home. The employee's activities after the
employee checks into the temporary residence must be evaluated by the employer
for work-relatedness in the same manner as the employer evaluates the
activities of a non-traveling employee. When the employee checks into the
temporary residence, the employee is considered to have left the work
environment. When the employee begins work each day, the employee re-enters the
work environment. If the employee has established a home away from home and is
reporting to a fixed worksite each day, injuries or illnesses are not work-related
if they occur while the employee is commuting between the temporary residence
and the job location.
B) Injuries
or illnesses are not considered work-related if they occur while the employee
is on a personal detour from a reasonably direct route of travel (e.g., has
taken a side trip for personal reasons).
7) Work at Home
Injuries and
illnesses that occur while an employee is working at home, including work in a
home office, will be considered work-related if the injury or illness occurs
while the employee is performing work for pay or compensation in the home, and
the injury or illness is directly related to the performance of work rather
than to the general home environment or setting. EXAMPLE: If an employee drops
a box of work documents and injures their foot, the case is considered
work-related. If an employee is injured because the employee trips on the
family dog while rushing to answer a work phone call, the case is not
considered work-related. If an employee working at home is electrocuted because
of faulty home wiring, the injury is not considered work-related.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.280 DETERMINATION OF NEW CASES
Section 350.280 Determination of New Cases
a) Basic Requirement
An injury or
illness is a new case if:
1) The employee has not
previously experienced a recorded injury or illness of the same type that
affects the same part of the body; or
2) The employee previously
experienced a recorded injury or illness of the same type that affected the
same part of the body but had recovered completely (all signs and symptoms had
disappeared) from the previous injury or illness and an event or exposure in the
work environment caused the signs or symptoms to reappear.
b) Implementation
1) Recurrences
For
occupational illnesses in which the signs or symptoms recur or continue in the
absence of an exposure in the workplace, the case must only be recorded once. EXAMPLES:
Occupational cancer, asbestosis, byssinosis and silicosis.
2) New Cases
When an employee experiences the
signs or symptoms of an injury or illness as a result of an event or exposure
in the workplace, such as an episode of occupational asthma, the incident must
be treated as a new case because the episode or
recurrence was caused by an event or exposure in the workplace.
3) Advice of a Health Care
Professional
The employer
is not required to seek the advice of a physician or other licensed health care
professional. However, if such advice is sought, the employer must follow the licensed
health care professional's recommendation about whether the case is a new case
or a recurrence. If the employer receives recommendations from 2 or more
licensed health care professionals, he or she must make a decision as to which
recommendation is the most authoritative, best documented or best reasoned and
record the case based upon that recommendation.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.290 GENERAL RECORDING CRITERIA
Section 350.290 General Recording Criteria
a) Basic Requirement
An injury or illness meets the
general recording criteria, and is, therefore recordable, if it results in any
of the following: death, days away from work, restricted work or transfer to
another job, medical treatment beyond first aid, or loss of consciousness. A
case meets the general recording criteria if it involves a significant injury
or illness diagnosed by a physician or other licensed health care professional,
even if it does not result in death, days away from work, restricted work or
job transfer, medical treatment beyond first aid, or loss of consciousness.
b) Implementation
1) Recording Required
A work-related injury or illness
must be recorded if it results in one or more of the following:
A) Death
(see subsection (b)(2)).
B) Days
away from work (see subsection (b)(3)).
C) Restricted
work or transfer to another job (see subsection (b)(4)).
D) Medical
treatment beyond first aid (see subsection (b)(5)).
E) Loss of
consciousness (see subsection (b)(6)).
F) A
significant injury or illness diagnosed by a physician or other licensed health
care professional (see subsection (b)(7)).
2) Employee
Death
The employer must record an injury
or illness that results in death by entering a check mark on the OSHA 300 Log
in the space for cases resulting in death. He or she must also report any
work-related fatality to IDOL within 8 hours, as required by Section 350.410.
3) Days Away from Work
When an
injury or illness involves one or more days away from work, record the injury
or illness on the OSHA 300 Log with a check mark in the space for cases
involving days away and an entry of the number of calendar days away from work
in the number of days column. If the employee is out for an extended period of
time, enter an estimate of the days that the employee will be away and update
the day count when the actual number of days is known. Begin counting days
away on the day after the injury occurred or the illness began.
4) Advice of Health Care
Professional
A) When a
physician or other licensed health care professional recommends that the worker
stay at home but the employee comes to work anyway,
record the injuries and illnesses on the OSHA 300 Log using the check box for
cases with days away from work and enter the number of calendar days away
recommended by the physician or other licensed health care professional. If the
licensed health care professional recommends days away, encourage the employee
to follow that recommendation. The days away must be recorded whether or not
the employee follows the licensed health care professional's recommendation. If
recommendations are received from 2 or more licensed health care professionals,
the employer must decide which is the most authoritative and record the case
based upon that recommendation.
B) When a licensed health care
professional recommends that the worker return to work but the employee stays
at home anyway, end the count of days away from work on
the date the physician or other licensed health care professional recommends
that the employee return to work.
5) Non-Work Days
A) The
number of calendar days the employee was unable to work as a result of the
injury or illness shall be counted, regardless of whether the employee was
scheduled to work on those days. Weekend days, holidays, vacation days or other
days off are included in the total number of days recorded if the employee
would not have been able to work on those days because of a work-related injury
or illness.
B) When a
worker is injured or becomes ill on a Friday and reports to work on a Monday,
and was not scheduled to work on the weekend, record the
case only if the employer receives information from a licensed health care
professional indicating that the employee should not have worked or should have
performed only restricted work during the weekend. The injury or illness must
be recorded as a case with days away from work or restricted work and the day
counts must be entered, as appropriate.
6) Day Before Scheduled Time
Off
When a worker is injured or
becomes ill on the day before scheduled time off, such as a holiday, planned
vacation, or temporary closing, the case needs to be recorded
only if the employer receives information from a licensed health care
professional indicating that the employee should not have worked, or should
have performed only restricted work, during the scheduled time off. The injury
or illness shall be recorded as a case with days away from work or restricted
work and the day counts shall be entered, as appropriate.
7) Limitation on Days Counted
A) The
employer may cap the total days away at 180 calendar days. The employer is not
required to keep track of the number of calendar days away from work if the
injury or illness resulted in more than 180 calendar days away from work and/or
days of job transfer or restriction. In such a case, entering 180 in the total
days away column will be considered adequate.
B) The employer may stop
counting days if an employee who is away from work because of an injury or
illness retires or leaves employment. If the employee
leaves employment for some reason unrelated to the injury or illness, such as
retirement, or to take another job, stop counting days away from work or days
of restriction/job transfer. If the employee leaves because of the injury or
illness, estimate the total number of days away or days of restriction/job
transfer and enter the day count on the OSHA 300 Log.
C) If a case occurs in one year
but results in days away during the next calendar year, only
record the injury or illness once. Enter the number of calendar days away for
the injury or illness on the OSHA 300 Log for the year in which the injury or
illness occurred. If the employee is still away from work because of the injury
or illness when the annual summary is prepared, estimate the total number of
calendar days the employee is expected to be away from work, use this number to
calculate the total for the annual summary, and update the initial log entry
later when the day count is known or reaches the 180-day cap.
8) Restricted Work or Job
Transfer
A) When an injury or illness involves restricted work or job
transfer but does not involve death or days away from work, record the injury
or illness on the OSHA 300 Log by placing a check mark in the space for job
transfer or restriction and entering the number of restricted or transferred
days in the restricted workdays column. Restricted
work occurs when, as the result of a work-related injury or illness:
i) The employer
keeps the employee from performing one or more of the routine functions of his
or her job, or from working the full workday that he or she would otherwise
have been scheduled to work; or
ii) A
physician or other licensed health care professional recommends that the
employee not perform one or more of the routine functions of his or her job, or
not work the full workday that he or she would otherwise have been scheduled to
work.
B) For
recordkeeping purposes, an employee's routine functions are those work
activities the employee regularly performs at least once per week.
C) Do not record restricted work
or job transfers if the employer or the licensed health care professional
imposes the restriction or transfer only for the day on which the injury
occurred or the illness began.
D) A recommended work
restriction is recordable only if it affects one or more of the employee's
routine job functions. To determine whether this is the case, evaluate the
restriction in light of the routine functions of the injured or ill employee's
job. If the restriction from the employer or licensed health care professional
keeps the employee from performing one or more of his or her routine job
functions or from working the full workday the injured or ill employee would
otherwise have worked, the employee's work has been restricted and the case
must be recorded.
E) A
partial day of work is recorded as a day of job transfer or restriction for recordkeeping
purposes, except for the day on which the injury occurred or the illness began.
F) The case is not considered
restricted work if the injured or ill worker produces fewer services than he or
she would have produced prior to the injury or illness but otherwise performs
all of the routine functions of his or her work. The case
is considered restricted work only if the worker does not perform all of the
routine functions of his or her job or does not work the full shift that he or
she would otherwise have worked.
G) Restrictions from a licensed
health care professional may be vague, such as limiting the employee to only "light
duty" or instructing the employee to "take it easy for a week". If the licensed health care professional's recommendation is
not clear, ask whether the employee can do all of his or her routine job
functions and work all of his or her normally assigned work shift. If the
answer to both of these questions is "yes", the case does not involve
a work restriction and does not have to be recorded as such. If the answer to
one or both of these questions is "no", the case involves restricted
work and must be recorded as a restricted work case. If you are unable to
obtain this additional information from the licensed health care professional
who recommended the restriction, record the injury or illness as a case involving
restricted work.
H) If a licensed health care
professional recommends a job restriction meeting the definition, but the
employee does all of his or her routine job functions anyway, record the injury or illness on the OSHA 300 Log as a
restricted work case. If a licensed health care professional recommends a job
restriction, ensure that the employee complies with that restriction. If
recommendations are received from 2 or more physicians or other licensed health
care professionals, make a decision as to which recommendation is the most
authoritative and record the case based upon that recommendation.
I) Job Transfers
i) If
an injured or ill employee assigned to a job other than
his or her regular job for part of the day, the case involves transfer to
another job. This does not include
the day on which the injury or illness occurred.
ii) Both job transfer and
restricted work cases are recorded in the same box on the OSHA 300 Log. EXAMPLE:
if the employer assigns, or a licensed health care professional recommends that
the employer assign, an injured or ill worker to his or her routine job duties
for part of the day and to another job for the rest of the day, the injury or
illness involves a job transfer. Record an injury or illness that involves a
job transfer by placing a check in the box for job transfer.
J) Count
days of job transfer or restriction in the same way days away from work are
counted, using subsection (b)(3) through (b)(7). The only difference is that, if
the injured or ill employee is assigned to a job that has been modified or
permanently changed in a manner that eliminates the routine functions the
employee was restricted from performing, stop the day count when the
modification or change is made permanent. You must count at least one day of
restricted work or job transfer for the cases.
9) Medical
Treatment Beyond First Aid
A) If a
work-related injury or illness results in medical treatment beyond first aid,
record it on the OSHA 300 Log. If the injury or illness did not involve death,
one or more days away from work, one or more days of restricted work, or one or
more days of job transfer, enter a check mark in the box for cases in which the
employee received medical treatment but remained at work and was not
transferred or restricted.
B) Medical treatment means the management and care of
a patient to combat disease or disorder. For the purposes of this Subpart B,
medical treatment does not include:
i) Visits
to a physician or other licensed health care professional solely for observation
or counseling;
ii) The
conduct of diagnostic procedures, such as x-rays and blood tests, including the
administration of prescription medications used solely for diagnostic purposes
(e.g., eye drops to dilate pupils); or
iii) First aid as defined in subsection
(b)(9)(C).
C) For the
purposes of Subpart B, first aid means the following:
i) Using
a non-prescription medication at non-prescription strength (for medications
available in both prescription and non-prescription form, a recommendation by a
licensed health care professional to use a non-prescription medication at
prescription strength is considered medical treatment for recordkeeping
purposes);
ii) Administering
tetanus immunizations (other immunizations, such as Hepatitis B vaccine or
rabies vaccine, are considered medical treatment);
iii) Cleaning,
flushing or soaking wounds on the surface of the skin;
iv) Using
wound coverings such as bandages, Band-Aids, gauze pads, etc., or using
butterfly bandages or Steri-Strips (other wound closing devices such as
sutures, staples, etc., are considered medical treatment);
v) Using hot or cold therapy;
vi) Using
any non-rigid means of support, such as elastic bandages, wraps, non-rigid back
belts, etc. (devices with rigid stays or other systems designed to immobilize
parts of the body are considered medical treatment for recordkeeping purposes);
vii) Using
temporary immobilization devices while transporting an accident victim (e.g.,
splints, slings, neck collars, back boards, etc.);
viii) Drilling
of a fingernail or toenail to relieve pressure or draining fluid from a
blister;
ix) Using eye patches;
x) Removing
foreign bodies from the eye using only irrigation or a cotton swab;
xi) Removing
splinters or foreign material from areas other than the eye by irrigation,
tweezers, cotton swabs or other simple means;
xii) Using finger guards;
xiii) Using
massages (physical therapy or chiropractic treatment are considered medical
treatment for recordkeeping purposes); or
xiv) Drinking fluids for relief of
heat stress.
D) No
other treatments are considered first aid for the purposes of this Subpart B.
E) The professional status of
the person providing the treatment has no effect on what is considered first
aid or medical treatment.
Even when these treatments are
provided by a licensed health care professional, they are considered first aid.
Similarly, treatment beyond first aid is considered to be medical treatment
even when it is provided by someone other than a physician or other licensed
health care professional.
10) Refusal of Medical Treatment
If a licensed health care
professional recommends medical treatment, encourage the injured or ill
employee to follow that recommendation. However, the case must be recorded even
if the injured or ill employee does not follow the licensed health care
professional's recommendation.
11) Loss of Consciousness
Record a work-related injury or
illness if the worker becomes unconscious, regardless of the length of time the
employee remains unconscious.
12) Significant Diagnosed Injury
or Illness
A) Work-related
cases involving cancer, chronic irreversible disease, a fractured or cracked
bone, or a punctured eardrum must always be recorded under the general criteria
at the time of diagnosis by a physician or other licensed health care
professional, even if it does not result in death, days away from work,
restricted work or job transfer, medical treatment beyond first aid, or loss of
consciousness.
B) Most significant injuries and illnesses will result in one
of the criteria listed in this Part, i.e., death, days away from work,
restricted work or job transfer, medical treatment beyond first aid, or loss of
consciousness. However, there are some significant injuries, such as a
punctured eardrum or a fractured toe or rib, for which neither medical
treatment nor work restrictions may be recommended. In addition, there are
some significant progressive diseases, such as byssinosis, silicosis and some
types of cancer, for which medical treatment or work restrictions may not be
recommended at the time of diagnosis but are likely to be recommended as the
disease progresses. Cancer, chronic irreversible diseases, fractured or cracked
bones, and punctured eardrums are generally considered significant injuries and
illnesses and must be recorded at the initial diagnosis even if medical
treatment or work restrictions are not recommended, or are postponed, in a
particular case.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.300 RECORDING CRITERIA FOR NEEDLESTICK AND SHARPS INJURIES
Section 350.300
Recording Criteria for Needlestick and Sharps Injuries
a) Basic Requirement
Record all work-related
needlestick injuries and cuts from sharp objects that are contaminated with
another person's blood or other potentially infectious material (as defined by
29 CFR 1910.1030). Enter the case on the OSHA 300 Log as an injury. To protect
the employee's privacy, do not enter the employee's name on the OSHA 300 Log
(see the requirements for privacy cases in Section 350.340(b)(6) through
(b)(9)).
b) Implementation
1) Other
potentially infectious materials is defined in the Bloodborne Pathogens
standard at 29 CFR1910.1030(b). These materials include:
A) Human bodily fluids, tissues
and organs; and
B) Other
materials infected with the HIV or hepatitis B virus, such as laboratory
cultures or tissues from experimental animals.
2) All
cuts, lacerations, punctures and scratches need to be recorded only if they are
work-related and involve contamination with another person's blood or other
potentially infectious material. If the cut, laceration or scratch involves a
clean object, or a contaminant other than blood or other potentially infectious
material record the case only if it meets one or more of the recording criteria
in Section 350.290.
3) If an injury is recorded and
the employee is later diagnosed with an infectious bloodborne disease, update
the OSHA 300 Log. The classification of the case on the OSHA 300 Log must be
updated if the case results in death, days away from work, restricted work or
job transfer. The description must also be updated to identify the infectious
disease and change the classification of the case from an injury to an illness.
4) If an
employee is splashed with or exposed to blood or other potentially infectious
material without being cut or scratched, record the
incident on the OSHA 300 Log as an illness if:
A) It
results in the diagnosis of a bloodborne illness, such as HIV, hepatitis B, or
hepatitis C; or
B) It meets one or more of the
recording criteria in Section 350.290.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.310 RECORDING CRITERIA FOR CASES INVOLVING MEDICAL REMOVAL UNDER IDOL-ADOPTED OSHA STANDARDS
Section 350.310 Recording Criteria
for Cases Involving Medical Removal under IDOL-Adopted OSHA Standards
a) Basic
requirement
If an employee is medically
removed under the medical surveillance requirements of an OSHA standard, record
the case on the OSHA Form 300.
b) Implementation
1) Enter each medical removal
case on the OSHA Form 300 as either a case involving days away from work or a
case involving restricted work activity, depending on how the employer decides
to comply with the medical removal requirement. If the medical removal is the
result of a chemical exposure, enter the case on the OSHA Form 300 by checking
the poisoning column.
2) Some OSHA standards, such as
the standards covering bloodborne pathogens and noise, do not have medical
removal provisions. Many OSHA standards that cover specific chemical substances
have medical removal provisions. These standards include, but are not limited
to, lead, cadmium, methylene chloride, formaldehyde and benzene.
3) When
the employer voluntarily removes the employee from exposure before the medical removal
criteria in an OSHA standard are met, the case does not need to be recorded on
the OSHA Form 300.
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.320 RECORDING CRITERIA FOR CASES INVOLVING OCCUPATIONAL HEARING LOSS
Section 350.320 Recording Criteria for Cases Involving Occupational
Hearing Loss
a) Basic
Requirement
If an employee's hearing test
(audiogram) reveals that the employee has experienced a work-related Standard
Threshold Shift (STS) in hearing in one or both ears, and the employee's total
hearing level is 25 dB or more above audiometric zero (averaged at 2000, 3000
and 4000 Hz) in the same ear or ears as the STS, record the case on the OSHA
300 Log.
b) Implementation
1) An STS
is defined in the occupational noise exposure standard (29 CFR
1910.95(g)(10)(i)) as a change in hearing threshold, relative to the baseline
audiogram for that employee, of an average of 10 dB or more at 2000, 3000 and
4000 Hz in one or both ears.
2) Evaluating
the Current Audiogram to Determine Whether an Employee has an STS and a 25-dB
Hearing Level
A) STS. If
the employee has never previously experienced a recordable hearing loss,
compare the employee's current audiogram with that employee's baseline
audiogram. If the employee has previously experienced a recordable hearing
loss, compare the employee's current audiogram with the employee's revised
baseline audiogram (the audiogram reflecting the employee's previous recordable
hearing loss case).
B) 25-dB Loss.
Audiometric test results reflect the employee's overall hearing ability in
comparison to audiometric zero. Therefore, using the employee's current
audiogram, you must use the average hearing level at 2000, 3000 and 4000 Hz to
determine whether the employee's total hearing level is 25 dB or more.
3) When
determining whether an STS has occurred, adjust the employee's current
audiogram results by using Table F-1 or F-2, as appropriate, in Appendix F of
29 CFR 1910.95. Do not use an age adjustment when determining whether the
employee's total hearing level is 25 dB or more above audiometric zero.
4) If
the employee's hearing is retested within 30 days of the first test, and the
retest does not confirm the recordable STS, the employer is not required to
record the hearing loss case on the OSHA 300 Log. If the retest confirms the
recordable STS, record the hearing loss illness within 7 calendar days after the
retest. If subsequent audiometric testing performed under the testing
requirements of the 29 CFR 1910.95 noise standard indicates that an STS is not
persistent, you may erase or line-out the recorded entry.
5) In determining
whether a hearing loss case is work-related, use Section 350.270 to determine
if the hearing loss is work-related. If an event or exposure in the work
environment either caused or contributed to the hearing loss, or significantly
aggravated a pre-existing hearing loss, consider the case to be work-related.
6) If a
physician or other licensed health care professional determines that the
hearing loss is not work-related or has not been significantly aggravated by
occupational noise exposure, the employer is not required to consider the case
work-related or to record the case on the OSHA 300 Log.
7) When
entering a recordable hearing loss case on the OSHA 300 Log, check the 300 Log
column for hearing loss.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.330 RECORDING CRITERIA FOR WORK-RELATED TUBERCULOSIS CASES
Section 350.330 Recording Criteria for Work-Related Tuberculosis
Cases
a) Basic
Requirement
If any employee has been
occupationally exposed to anyone with a known case of active tuberculosis (TB),
and that employee subsequently develops a TB infection, as evidenced by a
positive skin test or diagnosis by a physician or other licensed health care professional,
record the case on the OSHA 300 Log by checking the respiratory condition
column.
b) Implementation
1) A
positive TB skin test result obtained at a pre-employment physical does not
need to be recorded because the employee was not occupationally exposed to a
known case of active TB in the workplace.
2) If
the employer obtains evidence that the case was not caused by occupational
exposure, the employer may line-out or erase the case from the Log under the
following circumstances:
A) The
worker is living in a household with a person who has been diagnosed with
active TB;
B) The
Illinois Department of Public Health has identified the worker as a contact of
an individual with a case of active TB unrelated to the workplace; or
C) A
medical investigation shows that the employee's infection was caused by
exposure to TB away from work or proves that the case was not related to the
workplace TB exposure.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.340 FORMS
Section 350.340 Forms
a) Basic Requirement
Use the OSHA Form 300 (Log of
Work-Related Injuries and Illnesses), 300A (Summary of Work-Related Injuries
and Illnesses) and 301 (Injury and Illness Incident Report), or equivalent
forms for recorded injuries or illnesses.
b) Implementation
1) Enter
information about the employer's business at the top of the OSHA Form 300,
enter a one or two line description for each recordable injury or illness, and
summarize this information on the OSHA Form 300A at the end of the year.
2) Complete an OSHA Form 301 (Injury
and Illness Incident Report) or an equivalent form (i.e., IWCC Form 45) for
each recordable injury or illness entered on the OSHA Form 300.
3) Enter each recordable injury
or illness on the OSHA Form 300 and OSHA Form 301 (Injury and Illness Incident
Report) within 7 calendar days after receiving information that a recordable
injury or illness has occurred.
4) An
equivalent form is one that has the same information, is as readable and
understandable, and is completed using the same instructions as the OSHA form
it replaces. Many employers use an insurance form instead of the OSHA Form 301 (Injury
and Illness Incident Report) or supplement an insurance form by adding any
additional information required.
5) Records may be kept on a
computer if the computer can produce equivalent forms when they are needed, as
described under Sections 350.390 and 350.420.
6) If there are privacy concerns,
do not enter the employee's name on the OSHA Form 300. Instead, enter "privacy
case" in the space normally used for the employee's name. This will
protect the privacy of the injured or ill employee when another employee, a
former employee, or an authorized employee representative is provided access to
the OSHA Form 300 under Section 350.390(b)(2). Keep a separate, confidential
list of the case numbers and employee names for privacy concern cases so the
cases can be updated and provide the information to the government if asked to
do so.
7) Consider only the following
injuries or illnesses to be privacy concern cases:
A) An
injury or illness to an intimate body part or the reproductive system;
B) An injury or illness
resulting from a sexual assault;
C) Mental illnesses;
D) HIV
infection, hepatitis, or tuberculosis;
E) Needlestick
injuries and cuts from sharp objects that are contaminated with another person's
blood or other potentially infectious material; and
F) Other
illnesses, if the employee voluntarily requests that the employee's name not be
entered on the log.
8) If
the employer has a reasonable basis to believe that information describing the
privacy concern case may be personally identifiable even though the employee's
name has been omitted, the employer may use discretion in describing the injury
or illness on both the OSHA 300 and 301 forms. Enter enough information to
identify the cause of the incident and the general severity of the injury or
illness, but do not include details of an intimate or private nature. EXAMPLE:
A sexual assault case could be described as "injury from assault", or
an injury to a reproductive organ could be described as "lower abdominal
injury".
9) If the employer decides to
voluntarily disclose the OSHA forms to persons other than government
representatives, employees, former employees or authorized representatives,
remove or hide the employees' names and other personally identifying
information, except in the following instances. Disclose the forms with
personally identifying information only to:
A) an
auditor or consultant hired by the employer to evaluate the safety and health
program;
B) the
extent necessary for processing a claim for workers' compensation or other
insurance benefits; or
C) a
public health authority or law enforcement agency for uses and disclosures for
which consent, an authorization, or opportunity to agree or object is not
required under Department of Health and Human Services Standards for Privacy of
Individually Identifiable Health Information (45 CFR 164.512).
c) Log of Injuries and Illnesses – OSHA Form 300
1) Each employer shall maintain in each workplace an OSHA Form 300
of all recordable occupational injuries and illnesses for that workplace. The
name of the establishment, the city and state where the establishment is
located, and the year must be designated at the top of the log. Within 7
calendar days after receiving information about a case, the employer shall:
A) Decide if the case is recordable under the recordkeeping
provisions of Section 350.220.
B) Determine whether the incident is a new case or a recurrence of
an existing one.
C) Establish whether the case was work-related.
E) Decide which form to fill out as the injury/illness incident
report form required under Section 350.340(a), OSHA Form 301 (Injury and
Illness Incident Report), IWCC Form 45, or a suitable substitute that contains
the same information as either of those two forms.
2) The OSHA Form 300 shall contain the following information for
each recordable injury and illness:
A) A unique case number assigned by the employer to this specific
illness or injury to facilitate comparisons with the supplementary record of
the illness or injury;
B) The name of the affected employee, unless protected as a
privacy case due to the nature of the injury or illness;
C) The job title of the employee;
D) The date of the injury or onset of illness;
E) Location where the event occurred;
F) A description of the injury or illness, parts of the body
affected, and object or substance that directly injured or made the person ill
(e.g., second degree burns on right forearm from acetylene torch);
G) The most serious result from each case:
i) Death;
ii) Days away from work;
iii) Remained at work; job transfer or restriction (see federal
form);
iv) Remained at work; other recordable cases (see federal form);
H) The designation of injury or the type of illness (e.g., skin
disorder, respiratory condition, poisoning, hearing loss, all other illnesses);
I) The number of days the injured or ill worker was either on job
transfer or restriction or away from work.
3) The OSHA Form 300 and its supplementary information must be
retained by the employer for five years.
d) Injury and Illness Incident Report – OSHA Form 301
1) In addition to the OSHA Form 300 of injuries and illnesses,
each employer shall maintain in each workplace a supplementary record of each
recordable occupational injury and illness for that workplace. The employer
shall complete the incident report and make it available as early as
practicable, but no later than 7 calendar days after receiving information that
a recordable injury or illness has occurred. The OSHA Form 301, IWCC Form 45,
or a suitable substitute that contains the same information as either of those
two forms may be used as the supplementary record. Records shall be available
to any agency requesting them pursuant to Section 60 of the Act.
2) The OSHA Form 301 (Injury and Illness Incident Report) shall
contain the following information for each recordable injury and illness:
A) Information about the employee:
i) Full name and address.
ii) Date of birth and date of hire.
iii) Gender.
B) Information about the physician or other health care
professional:
i) Name of physician or health care professional.
ii) Location where treatment was administered.
iii) If an emergency room was visited or if the employee was
hospitalized overnight as an in-patient.
C) Information about the case:
i) Case number corresponding to the Log of Injuries/Illnesses.
ii) Date of Injury or Illness.
iii) Time employee began work and time of event, if known.
iv) What the employee was doing just before the incident occurred.
v) What happened.
vi) What was the injury or the illness.
vii) What object or substance directly harmed the employee.
viii) If the employee died, date of death.
3) The name and title of the individual who completed the form,
along with the telephone number and the date of completion.
4) This form must be kept on file for 5 years following the year
to which it pertains. The Incident Report Form has to be completed within 7 calendar
days after notice of the injury or illness. These forms shall be maintained
for at least 5 years.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.350 MULTIPLE ESTABLISHMENTS
Section 350.350
Multiple Establishments
a) Basic Requirement
Keep a separate OSHA 300 Log for
each establishment that is expected to be in operation for one year or longer.
b) Implementation
1) Keep OSHA injury and
illness records for short-term establishments (i.e., establishments that will
exist for less than a year), but the employer does not have
to keep a separate OSHA 300 Log for each such establishment. One OSHA 300 Log may
be kept that covers all of the employees short-term establishments. Include the
short-term establishments' recordable injuries and illnesses on an OSHA 300 Log
that covers short-term establishments for individual company divisions or
geographic regions.
2) Keep the records for an
establishment at the employer's headquarters or other central location if the
employer can:
A) Transmit
information about the injuries and illnesses from the establishment to the
central location within 7 calendar days after receiving information that a
recordable injury or illness has occurred; and
B) Produce
and send the records from the central location to the establishment within the
time frames required by Sections 350.390 and 350.420 when the employer is
required to provide records to a government representative, employees, former
employees or employee representatives.
3) Each employee must be linked
to one of the employer's establishments for recordkeeping purposes. Record the
injury and illness on the OSHA 300 Log of the injured or ill employee's
establishment or on an OSHA 300 Log that covers that employee's short-term
establishment.
4) When an employee of one of the
employer's establishments is injured or becomes ill while visiting or working
at another of the employer's establishments, or while working away from any of the
employer's establishments the injury or illness must be recorded. If the injury or illness occurs at one of the employer's
establishments, record the injury or illness on the OSHA 300 Log of the
establishment at which the injury or illness occurred. If the employee is
injured or becomes ill and is not at one of the employer's establishments,
record the case on the OSHA 300 Log at the establishment at which the employee
normally works.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.360 COVERED EMPLOYEES
Section 350.360
Covered Employees
a) Basic Requirement
Record on the OSHA 300 Log the
recordable injuries and illnesses of all employees on the employer's payroll,
whether they are labor, executive, hourly, salary, part-time, seasonal or
migrant workers. Record the recordable injuries and illnesses that occur to
employees who are not on the employer's payroll if the employer supervises
these employees on a day-to-day basis.
b) Implementation
1) A self-employed person who is
injured or becomes ill while doing work at an establishment is not covered by
this Part.
2) Injury or illness to employees
obtained from a temporary help service, employee leasing service or personnel
supply service (the direct employer) must be recorded if the establishment
employer supervises these employees on a day-to-day basis.
3) If a contractor's employee
is under the day-to-day supervision of the contractor, the contractor is responsible
for recording the injury or illness. If the employer in the establishment
supervises the contractor employee's work on a day-to-day basis, that employer
must record the injury or illness.
4) A direct employer or
contractor does not also record the injuries or illnesses occurring to
temporary, leased or contract employees supervised by the establishment
employer on a day-to-day basis. The establishment employer and the direct
employer or contractor should coordinate efforts to make sure that each injury
and illness is recorded only once, either on the establishment employer's OSHA
300 Log (if the establishment employer provides day-to-day supervision) or on
the direct employer's or contractor's OSHA 300 Log (if that entity provides
day-to-day supervision).
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.370 ANNUAL SUMMARY
Section 350.370 Annual Summary
a) Basic Requirements
At the end of each
calendar year:
1) Review
the OSHA Form 300 to verify that the entries are complete and accurate, and
correct any deficiencies identified;
2) Create
an annual summary of injuries and illnesses recorded on the OSHA Form 300;
3) Certify the summary;
4) Post the annual summary; and
5) File
such report electronically if required by Section 350.375
b) Implementation
1) The employer must review
the entries as extensively as necessary to make sure that they are complete and
correct.
2) To complete the annual summary:
A) Total the columns on the OSHA Form 300 (if no
recordable cases, enter zeros for each column total);
B) Enter
the calendar year covered, the employer's name, establishment name,
establishment address, annual average number of employees covered by the OSHA Form
300, and the total hours worked by all employees covered by the OSHA Form 300;
and
C) If
using an equivalent form other than the OSHA Form 300A (Summary of Work-Related
Injuries and Illnesses) form, the summary used must also include the employee
access and employer penalty statements found on the OSHA Form 300A.
3) A
management executive must certify that the management executive has examined
the OSHA 300 Log and reasonably believes, based on the management executive's
knowledge of the process by which the information was recorded, that the annual
summary is correct and complete.
4) The management executive who
certifies the log must be:
A) The highest-ranking management official working
at the establishment; or
B) The
highest-ranking supervisor at the establishment who has signature authority for
the highest-ranking management official.
5) Post a copy of the annual
summary in each establishment in a conspicuous place or places where notices to
employees are customarily posted and ensure the posted annual summary is not
altered, defaced or covered by other material.
6) Post the summary no later
than February 1 of the year following the year covered by the records and keep
the posting in place until April 30.
7) Electronically
report no later than March 2nd for the prior calendar year.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.375 ELECTRONIC SUBMISSION OF OSHA FORM 300A
Section 350.375 Electronic Submission of OSHA Form 300A
a) Basic
Requirement
1) Annual
electronic submission of OSHA Form 300A (Summary of Work-Related Injuries and
Illnesses).
A) If the
establishment had 250 or more employees at any time during the previous
calendar year, then the establishment must electronically submit information
from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) to Illinois
OSHA or Illinois OSHA's designee. The establishment must submit the information
once a year, no later than March 2nd of the year after the calendar
year covered by the form (e.g., 2020 for the 2019 form).
B) If the establishment had 20 or more employees but
fewer than 250 employees at any time during the previous calendar year, and the
establishment is classified in an industry listed in Appendix B, then the
establishment must electronically submit information from OSHA Form 300A (Summary
of Work-Related Injuries and Illnesses) to Illinois OSHA or Illinois OSHA’s
designee. The establishment must submit the information once a year, no later
than March 2nd of the year after the calendar year covered by the
form.
C) Upon
notification by Illinois OSHA, additional establishments and/or industries may
be subject to these reporting requirements and must electronically submit
information to Illinois OSHA or Illinois OSHA's designee.
D) Establishments
subject to these reporting requirements must provide the Employer
Identification Number (EIN) used by the establishment.
b) Implementation
1) Each individual
employed in the establishment at any time during the calendar year counts as
one employee, including full-time, part-time, seasonal, and temporary workers.
2) Establishments
required to submit information will notified by email. Illinois OSHA will also
announce individual data collections through press releases and announcements
on the IDOL website.
3) Establishments
required to submit information must submit the information once a year by March
2nd.
4) Illinois
OSHA shall provide a secure website for the electronic submission of
information.
(Source: Added at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.380 RETENTION AND UPDATING
Section 350.380 Retention and Updating
a) Basic Requirement
Save the OSHA 300 Log, the privacy
case list (if one exists), the annual summary, and the OSHA 301 Incident Report
forms for 5 years following the end of the calendar year that these records
cover.
b) Implementation
1) During the storage period,
update the stored OSHA 300 Logs to include newly discovered recordable injuries
or illnesses and to show any changes that have occurred in the classification
of previously recorded injuries and illnesses. If the description or outcome of
a case changes, remove or line out the original entry and enter the new
information.
2) The employer is not required
to update the annual summary, but may do so if he or she wishes.
3) The employer is not required
to update the OSHA 301 Incident Reports, but may do so if he or she wishes.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.390 EMPLOYEE INVOLVEMENT
Section 350.390
Employee Involvement
a) Basic Requirement
Employees and their
representatives must be involved in the recordkeeping system in several ways.
1) The
employer must inform each employee of how to report an injury or illness to the
employer.
2) The
employer must provide limited access to its injury and illness records for its
employees and their representatives.
b) Implementation
1) The employer must establish
a process for employees to report work-related injuries and illnesses promptly and
must inform each employee regarding the process to report work-related injuries
and illnesses.
2) The employer must give its
employees and their representatives access to the OSHA injury and illness
records. Employees, former employees, their personal
representatives, and their authorized employee representatives have the right
to access the injury and illness records, with the limitations provided in this
subsection (b).
3) An authorized employee
representative means an authorized collective bargaining agent of employees.
4) A personal representative
is:
A) Any
person that the employee or former employee designates as such, in writing; or
B) The
legal representative of a deceased or legally incapacitated employee or former
employee.
5) When an employee, former
employee, personal representative, or authorized employee representative asks
for copies of the current or stored OSHA Form 300 for an establishment the
employee or former employee has worked in, the employer must give the requester
a copy of the relevant OSHA Form 300s by the end of the next business day.
6) Privacy
A) The
employer shall not remove the names of the employees or any other information
from the OSHA Form 300 before giving copies to an employee, former employee,
personal representative, or employee representative. However,
to protect the privacy of injured and ill employees, the employer shall not
record the employee's name on the OSHA Form 300 for privacy concern cases (see
Section 350.340(b)).
B) When an employee, former
employee, or personal representative asks for a copy of the OSHA Form 301 (Injury
and Illness Incident Report) describing an injury or illness to the employee or
former employee, the employer shall give the requester a copy of the OSHA Form
301 (Injury and Illness Incident Report) containing that information by the end
of the next business day. When an authorized employee representative asks for copies
of the OSHA Form 301s (Injury and Illness Incident Report) for an establishment
where the authorized employee representative represents employees under a
collective bargaining agreement, the employer shall give copies of those forms
to the authorized employee representative within 7 calendar days. The employer
is only required to give the authorized employee representative information
from the OSHA 301 (Injury and Illness Incident Report) section titled "Tell
us about the case". The employer shall remove all other information from
the copy of the OSHA Form 301 (Injury and Illness Incident Report) or the
equivalent substitute form given to the authorized employee representative.
7) The employer shall not
charge for copies of OSHA reports the first time they are provided. However, if
one of the designated persons asks for additional copies, the employer may
assess a reasonable charge for retrieving and copying the records.
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.400 PROHIBITION AGAINST DISCRIMINATION
Section 350.400 Prohibition Against Discrimination
Section 110 of the Act prohibits employers from
discriminating against an employee for reporting a work-related fatality,
injury or illness. That provision of the Act also protects the employee who
files a safety and health complaint, asks for access to the Subpart B records,
or otherwise exercises any right afforded by the Act.
(Source:
Amended at 46 Ill. Reg. 3518, effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.405 VARIANCE FROM RECORDKEEPING REQUIREMENTS
Section 350.405 Variance from Recordkeeping Requirements
Variance. If a public employer wishes to keep records in a
manner different from this Subpart B, the employer must submit a variance
petition in accordance with Section 350.500.
(Source: Added at 38 Ill. Reg. 20781,
effective October 20, 2014)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.410 REPORTING FATALITIES, HOSPITALIZATIONS, AMPUTATIONS AND LOSS OF EYE INCIDENTS TO THE ILLINOIS DEPARTMENT OF LABOR
Section 350.410 Reporting Fatalities,
Hospitalizations, Amputations and Loss of Eye Incidents to the Illinois Department
of Labor
a) Basic
Requirements
1) All
public sector employers must report:
A) All
work-related fatalities within 8 hours; and
B) All
work-related inpatient hospitalizations, all amputations, and all losses of an
eye within 24 hours.
2) Employers
must orally report by calling Illinois OSHA's 24/7 confidential number at (217)-782-7860.
b) Implementation
1) The
reporter must give the following information for each fatality, hospitalization,
amputation, or loss of an eye incident:
A) The establishment name;
B) The
location of the incident;
C) The time of the incident;
D) The number of fatalities or hospitalized employees;
E) The names of any injured employees;
F) The reporter's contact person and his or her phone
number; and
G) A brief description of the
incident.
2) Every fatality or
hospitalization incident resulting from a motor vehicle accident must be reported.
3) Fatalities caused by a heart
attack at work must be reported. The Division Manager or
designee will decide whether to investigate the incident, depending on the
circumstances of the heart attack.
4) If the employer does not
learn of a reportable incident at the time it occurs and the incident would
otherwise be reportable under this Section, the employer shall make the report
within 8 hours after the incident is reported to the employer or any agent or
employee of the employer.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.420 PROVIDING RECORDS TO GOVERNMENT REPRESENTATIVES
Section 350.420
Providing Records to Government Representatives
a) Basic Requirement
When an authorized government
representative asks for the records kept under this Subpart B, the employer
shall provide copies of the records within 4 business hours.
b) Implementation Authorized
representatives of the IDOL Director conducting an inspection or investigation
under the Act have the right to obtain copies of injury and illness records.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.430 REQUESTS FROM THE ILLINOIS DEPARTMENT OF PUBLIC HEALTH/BUREAU OF LABOR STATISTICS FOR DATA
Section 350.430 Requests from the Illinois Department of
Public Health/Bureau of Labor Statistics for Data
a) Basic
Requirement
If the Illinois Department of
Public Health submits to the employer a Survey of Occupational Injuries and
Illnesses Form on behalf of the Bureau of Labor Statistics, the employer shall promptly
complete the form, and return it following the instructions contained on the
survey form.
b) Implementation
Each year, injury and illness survey
forms are sent to randomly selected employers and the Bureau of Labor
Statistics uses that information to publish statistics on occupational injuries
and illnesses in the United States. In any year, some employers will receive a
survey form and others will not. Employers do not have to send injury and
illness data to the Illinois Department of Public Health unless they receive a
survey form.
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
SUBPART C: FEDERAL STANDARDS
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.500 PETITION FOR VARIANCE FROM STANDARDS
Section 350.500 Petition for Variance from Standards
a) General
The Director may grant a
temporary or permanent variance from any State occupational safety and health standard
upon application by a public employer. (Sec. 40 of the Act) The petition
shall be filed by the employer as soon as practicable when the employer finds
that compliance is unable to be achieved. Any variance from State health and
safety standards may only have future effect.
b) The
petition for a variance from a standard shall be granted if it meets the
requirements of this Section and establishes:
1) The
reasons for the employer's inability to achieve compliance by the required
date, such as the unavailability of necessary professional or technical
personnel or of materials and equipment, or because necessary construction or
alteration of facilities cannot be completed by the effective date;
2) A
description of interim steps being taken to safeguard the employees against the
hazard during the period of noncompliance;
3) The
details of an effective program for coming into compliance as quickly as
practicable; and
4) A
statement certifying that the employees have been notified of the petition and
that a copy of the petition has been posted in a conspicuous location in the
workplace for a period of at least 10 working days. This statement must
summarize the application, specify where a copy may be examined, and describe
how the employees were informed and their rights to petition the Director for a
hearing.
c) Affected
employees or their authorized representatives may participate in the hearing on
the petition by filing a request to participate with the Department within 10
working days after the date of the posting of the petition or the service of
the petition.
d) Within
15 working days after receipt of the petition, the Department shall schedule a
hearing on the petition, appoint an impartial hearing officer to conduct the
hearing, and serve notice of the time and location of the hearing on the
employer and any employees and employee representatives who have filed a
request to participate in the hearing. The hearing shall be held within 45
calendar days after receipt of the petition.
e) The
Department shall fully consider the petition and any testimony presented by the
employer, employees, and employee representatives.
1) The
requested variance shall be granted when the Department finds that:
A) the
employer has made and is making a good faith effort to achieve compliance (e.g.,
ordering necessary materials and designing, planning and scheduling
alterations);
B) that
the health and safety of the employees is being safeguarded during the
noncompliance period (such as by the use of barriers, prohibition of access to
the hazardous area, or posting of warning notices); and
C) that
the noncompliant condition is due to circumstances beyond the control of the
employer.
2) If
the Department finds that the conditions of subsection (e)(1)have not been met,
the variance shall be denied.
f) If
the employees or their authorized representatives do not file a request to
participate or otherwise raise objections to the petition and the Department
finds that the information contained in the request for a variance meets the
conditions set forth in subsection (e), the Department shall issue the
requested variance without holding a hearing.
g) No
order for a temporary variance may be in effect for longer than the period
needed by the employer to achieve compliance or one year, whichever is shorter,
except that such a variance may be renewed not more than twice, so long as the
requirements of this Section are met and if an application for renewal is filed
at least 90 calendar days prior to the expiration date of the variance. No
interim renewal of a variance may remain in effect for longer than 180 calendar
days.
h) Application. An
application for a temporary order shall contain:
1) The
name and address of the applicant;
2) The
address of the affected establishments;
3) A
statement establishing that the applicant;
A) is
unable to comply with a standard by its effective date because of:
i) the
unavailability of professional or technical personnel;
ii) the
unavailability of materials and equipment needed to come into compliance with
the standard; or
iii) the
necessary construction or alteration of facilities cannot be completed by the
effective date;
B) is
taking all available steps to safeguard employees against the hazards covered
by the standard; and
C) has an
effective program for coming into compliance with a standard as quickly as
possible.
4) The
standard or portion of a standard from which the employer seeks the variance;
5) A
representation by the employer, along with qualified support, of the reasons
for not being able to comply with the standard;
6) A
statement of when, with specific dates, the employer expects to comply with the
standard; and
7) A
certification that the employer has informed the employees and their authorized
representatives of the application and their right to petition the Department
for a hearing, and has provided them a copy of the posting.
i) Permanent Variance
1) The
Director may issue an order for permanent variance from a safety standard when:
A) notice
has been given to affected employees and the employees have been afforded the
opportunity to participate in the hearing process; and
B) a
preponderance of the evidence demonstrates that the conditions, practices,
means, methods, operations, or processes used or proposed to be used will
provide employment and places of employment as safe and healthful as those that
would be produced by compliance with the standard.
2) The
order may be modified or revoked upon application by an affected employer or
affected employee at any time after 6 months following its issuance.
j) Modification or Revocation
1) An
affected employer or an affected employee may apply in writing to the Director
for a modification or revocation of a rule or order. The application shall
contain:
A) The
name and address of the applicant;
B) A
description of the relief sought;
C) A
statement setting forth with particularity the grounds for relief;
D) If the
applicant is an employer, a certification that the applicant has informed
affected employees of the application by:
i) Giving
a copy of the application to the authorized employee representative;
ii) Posting,
at the place or places where the notices to employees are normally posted, a
statement giving a summary of the application and specifying where a copy of
the full application may be examined (or, in lieu of the summary, posting the
application itself); and
iii) Other
appropriate means.
E) If the
applicant is an affected employee, a certification that a copy of the
application has been furnished to the employer; and
F) Any
request for a hearing, as provided in this Part.
k) The
Director may proceed to modify or revoke a rule, in accordance with the
Illinois Administrative Procedure Act [5 ILCS 100], or to modify or revoke an order
issued under Section 40 of the Act. In that event, the Director shall cause to
be published in the Illinois Register a notice of this intention, affording
interested persons an opportunity to submit written data, views or arguments
regarding the proposal and informing the affected employer and employees of
their right to request a hearing, and shall take other appropriate action to notify
affected employees. Any request for a hearing shall include a short and plain
statement of:
1) how
the proposed modification or revocation would affect the requesting party; and
2) what
the requesting party would seek to show on the subjects or issues involved.
l) Defective Applications
1) If an
application for variance does not conform to the applicable portions of this Section,
the Director may deny the application.
2) Prompt
notice of denial of an application shall be given to the applicant.
3) A
notice of denial shall include, or be accompanied by, a brief statement of the
grounds for the denial.
4) A
denial of an application pursuant to this subsection (l) shall be without
prejudice to the filing of another application.
m) Adequate Applications
1) If an
application has not been denied pursuant to subsection (l), the Director shall
cause to be published in the Illinois Register a notice of the filing of the
application.
2) A
notice of the filing of an application shall include:
A) The terms
or an accurate summary of the application;
B) A
reference to the Section of the Act under which the application has been filed;
C) An
invitation to interested persons to submit, within a stated period of time,
written data, views, or arguments regarding the application; and
D) Information
to affected employers and employees covered in the application of any right to
request a hearing on the application.
n) Request for Hearings on Applications
1) Within
the time allowed by a notice of the filing of an application, any affected
employer or employee may file with the Director a request for a hearing on the
application.
2) Contents
of a Request for a Hearing. A request for a hearing filed pursuant to this Section
shall include:
A) A
concise statement of facts showing how the employer or employee would be
affected by the relief applied for;
B) A
specification of any statement or representation in the application that is
denied and a concise summary of the evidence that would be adduced in support
of each denial; and
C) Any
views or arguments on any issue of fact or law presented.
3) All
hearings held pursuant to this Section will abide by IDOL's Rules of Procedure in
Administrative Hearings (56 Ill. Adm. Code 120).
(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
SUBPART D: CONSULTATION PROGRAM
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.600 PURPOSE
Section 350.600 Purpose
The Illinois On-Site Safety and Health Consultation Program
will provide compliance assistance to small businesses and the public sector
establishments in Illinois. This program was established under the Cooperative
Agreement between Illinois and the federal Occupational Safety and Health
Administration (29 USC 670(d)), under which OSHA will utilize state personnel
to provide consultative services to employers. The provisions for the Illinois
On-Site Safety and Health Consultation Program funded under Sections 21(d) and 23(g)
of the federal Occupational Safety and Health Act (29 USC 672(g)) are detailed
in 29 CFR 1908.
SUBPART E: ADOPTION OF FEDERAL STANDARDS
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
SECTION 350.700 ADOPTION OF FEDERAL STANDARDS
Section 350.700 Adoption of Federal Standards
a) State
Standards and Rulemaking. Section 25 of the Act outlines the Director's
authority to promulgate, amend and revoke State standards. Any promulgation, amendment
or revocation of State standards will be done in accordance with the Illinois
Administrative Procedure Act [5 ILCS 100].
b) Incorporation
of Federal Regulations
1) Pursuant
to Section 25 of the Act, the Department hereby incorporates by reference designated
federal occupational safety and health standards which the United States
Secretary of Labor has promulgated or modified in accordance with the federal
Occupational Safety and Health Act of 1970 (29 U.S.C. 651) and that are in
effect on January 1, 2015, unless an alternate State standard has been adopted
and is listed in subsection (c). These designated standards are located at 29
CFR 1904, 1908, 1910, 1915, 1926 and 1977. All materials incorporated by this
Section are incorporated as of the date specified and do not include any later
amendments or editions.
2) Pursuant
to Section 25 of the Act, all amendments, after January 1, 2015, to the federal
occupational safety and health standards in subsection (1) shall become
rules of the Department within 6 months after their federal promulgation date,
unless:
A) There is a current
alternate State standard in effect; or
B) Within
45 calendar days of the federal promulgation date, the State files first notice
with the Secretary of State to amend section (c) with an alternate State
standard. (Sec. 25(b) of the Act)
c) Incorporation
of Interpretations of Federal Regulations
1) The
following interpretations of 29 CFR 1910.134, Respiratory Protection Standard
(1998) are incorporated into this Part. Copies of the federal Occupational Safety
and Health Administration material may also be obtained at
http://www.osha-slc.gov/SLTC/respiratoryprotection/index.html.
Preamble: Respiratory Protection;
Final Rule, 63 Fed. Reg. 1152 (Jan. 8, 1998)
Questions & Answers on the
Respiratory Protection Standard, OSHA Memorandum (Aug. 17, 1998)
Inspection Procedure for the
Respiratory Protection Standard, CPL 2-0.120 (Sept. 18, 1998)
Small Entity Compliance Guide for
the Revised Respiratory Protection Standard, OSHA Directorate of Health
Standards Programs (Sept. 30, 1998)
2) The
following interpretation of 29 CFR 1910 and 1926, Standards Improvement
(Miscellaneous Changes) for General Industry and Construction Standards;
Paperwork Collection for Coke Oven Emissions and Inorganic Arsenic (1998); 29
CFR 1915 and 1926, Occupational Exposure to Asbestos (1998); 29 CFR 1910,
Methylene Chloride (1998); 29 CFR 1910, Permit-Required Confined Spaces (1998);
and 29 CFR 1910, 1915, 1917, 1918 and 1926, Powered Industrial Truck Operator
Training (1999) are incorporated into this Part. Copies are available at the
Department's Chicago office. Copies may also be obtained at http://www.osha.gov/comp-links.html.
Preamble: Standards Improvement
(Miscellaneous Changes) for General Industry and Construction Standards;
Paperwork Collection for Coke Oven Emissions and Inorganic Arsenic; Final Rule,
63 Fed. Reg. 33450 (June 18, 1998)
Preamble: Occupational Exposure
to Asbestos; 63 Fed. Reg. 35137 (June 29, 1998)
Preamble: Methylene Chloride;
Final Rule, 63 Fed. Reg. 50711 (Sept. 22, 1998)
Preamble: Permit-Required Confined
Spaces; Final Rule, 63 Fed. Reg. 66018 (Dec. 1, 1998)
Preamble: Powered Industrial Truck
Operator Training; Final Rule, 63 Fed. Reg. 66238 (Dec. 1, 1998)
3) The
following interpretation of 29 CFR 1910, Dipping and Coating Operations (1999)
is incorporated into this Part. Copies are available at the Department's
Chicago office. Copies may also be obtained at
http://www.osha.gov/comp-links.html.
Preamble: Dipping and Coating
Operations; Final Rule, 64 Fed. Reg. 13897 (Mar. 23, 1999)
4) The
following interpretation of 29 CFR 1926, Safety Standards for Steel Erection
(2001), and 29 CFR 1910, Occupational Exposure to Bloodborne Pathogens; Needlesticks
and Other Sharps Injuries (2001), are incorporated into this Part. Copies are
available at the Department's Chicago office. Copies may also be obtained at
http://www.osha.gov/comp-links.html.
Preamble: Safety Standards for
Steel Erection; Final Rule, 66 Fed. Reg. 5196 (Jan. 18, 2001)
Preamble: Occupational Exposure
to Bloodborne Pathogens; Needlesticks and Other Sharps Injuries; Final Rule, 66
Fed. Reg. 5318 (Jan. 18, 2001)
5) The
following interpretation of 29 CFR 1910.36, 1910.37, 1910.38 and 1910.39, Exit
Routes, Emergency Action Plans and Fire Prevention Plans, Final Rule (Nov. 11,
2002); 29 CFR 1904, Occupational Injury and Illness Recording and Reporting,
Final Rule (July 1, 2002 and Dec. 17, 2002 update); 29 CFR 1910.139,
Termination of Rulemaking Respiratory Protection for M. Tuberculosis, Final
Rule (Dec. 31, 2003); 29 CFR 1915.52, Fire Protection in Shipyard Employment,
Final Rule (Sept. 15, 2004); and 29 CFR 1910 et al., Standards Improvement
Project – Phase II (Jan. 5, 2005) are incorporated into this Part. Copies are
available at any of the Department's offices. Copies may also be obtained at
http://www.osha.gov.
6) The
following interpretations of 29 CFR 1910, 1915 and 1926, Assigned Protection
Factors, Final Rule (Aug. 24, 2006); 29 CFR 1926, Roll-Over Protective
Structure, Final Rule (Dec. 29, 2005, corrected July 20, 2006); 29 CFR
1910.1026, Occupational Exposure to Hexavalent Chromium, Final Rule (Feb. 28,
2006, corrected June 23, 2006); 29 CFR 1926, Steel Erection: Slip Resistance
of Skeletal Structural Steel, Final Rule (Jan. 18, 2006); 29 CFR 1910, 1915
and 1926, Electrical Installation Requirements, subpart S, Final Rule (Feb. 14,
2007, corrected Oct. 29, 2008); 29 CFR 1915, Updating National Consensus
Standards in OSHA Standard for Fire Protection in Shipyard Employment, Final
Rule (Jan. 3, 2007); 29 CFR 1910, Employer Payment for Personal Protective
Equipment, Final Rule (Nov. 15, 2007, clarified Dec. 12, 2008); and 29 CFR
1910, Updating OSHA Standards Based on National Consensus Standards, Final Rule
(Mar. 14, 2008, Dec. 14, 2007, Sept. 9, 2009) are incorporated into this Part. Copies
are available at any of the Department's offices, on the Department website at www.state.il.us/agency/idol
or the OSHA website at http://www.osha.gov.
7) The
following interpretations of 29 CFR 1910, 1915 and 1926 as appropriate,
Standards Improvement Project, Phase III (June 8, 2011); Cranes and Derricks in
Construction (Aug. 9, 2010); Technical Amendment concerning Safety Standards
for Steel Erection (May 17, 2010); 29 CFR Revising the Notification
Requirements in the Exposure Determination Provisions of the Hexavalent
Chromium Standards (May 14, 2010); Revising Standards Referenced in the
Acetylene Standard (Nov. 10, 2009);
d) Clarification
of Effective Dates
The effective dates for 29 CFR
1910.119(e)(1)(i), (ii), (iii), and (iv), which establish timelines for hazard
analyses for hazardous materials, are 1, 2, 3 and 4 years, respectively, after
August 1, 1994.
e) Conformity
with Federal Regulations
The Department shall consider any
subsequent amendments to the health and safety standards adopted by the federal
Occupational Safety and Health Administration. Those amendments will be incorporated
by reference or substitute provisions that provide equivalent protection will
be adopted. Amendments will be adopted in accordance with the Illinois
Administrative Procedure Act.
(Source: Amended at 46 Ill. Reg. 9890,
effective May 26, 2022)
350.APPENDIX A Decision Tree
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
350.APPENDIX A DECISION TREE
350.APPENDIX A Decision Tree
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 350
HEALTH AND SAFETY
350.APPENDIX B ANNUAL ELECTRONIC SUBMISSION OF OSHA FORM 300A (SUMMARY OF WORK-RELATED INJURIES AND ILLNESSES) BY ESTABLISHMENTS WITH 20 OR MORE EMPLOYEES BUT FEWER THAN 250 EMPLOYEES IN DESIGNATED INDUSTRIES
350.APPENDIX B Annual Electronic Submission of OSHA Form
300A (Summary of Work-Related Injuries and Illnesses) by Establishments With 20
or More Employees but Fewer Than 250 Employees in Designated Industries
Reference: 350.375(a)(1)(B)
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NAICS Industry
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237310 Road Maintenance/Construction
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922160 Local Fire Protection
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221310 Water Supply/Distribution
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221320 Sewage Treatment
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(Source: Amended at 46 Ill. Reg. 3518,
effective February 15, 2022)
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