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Public Act 104-0161
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| SB1976 Enrolled | LRB104 07813 SPS 17859 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Article 5. Workers' Rights and Worker Safety Act
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Section 5-1. Short title. |
(a) This Article may be cited as the Workers' Rights and |
Worker Safety Act. |
(b) As used in this Article, "this Act" refers to this |
Article.
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Section 5-5. Definitions. As used in this Act: |
"Employee" has the meaning set forth in Section 2 of the |
Illinois Wage Payment and Collection Act. |
"Employer" means any individual, partnership, association, |
corporation, limited liability company, business trust, |
governmental, or quasi-governmental body that employs one or |
more employees. "Employer" does not include the federal |
government. |
"Federal coal mine safety law" means the Federal Coal Mine |
Health and Safety Act, 30 U.S.C. 801 et seq., and federal |
regulations adopted under that statute, Subchapter O of |
Chapter I of Title 30 of the Code of Federal Regulations, as |
these federal statutes and regulations exist on April 28, |
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2025. |
"Federal wage and hour law" means the federal Fair Labor |
Standards Act, 29 U.S.C. 201 et seq., and federal regulations |
adopted under that statute, Subtitle B of Chapter V of Title 29 |
of the Code of Federal Regulations, as these federal statutes |
and regulations exist on April 28, 2025. |
"State agency" means the Department of Labor or the |
Department of Natural Resources. |
"Stringent" means a law, rule, or standard's overall |
effectiveness in protecting the rights and safety of workers. |
A law, rule, or standard is considered to be more stringent if |
it imposes a safety requirement or obligation on employers |
that is stricter or more demanding than what is otherwise |
imposed by law or if it provides for greater rights, benefits, |
remedies, or procedures for employees than what is otherwise |
provided by law.
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Section 5-10. Operative provisions for wage and hour laws |
and coal mine safety laws. |
(a) Except as authorized by State law enacted after April |
28, 2025, a State agency may not amend or revise the State |
agency's rules in a manner that is less stringent in its |
protection of workers' rights or worker safety than the |
requirements established under federal wage and hour law or |
federal coal mine safety law, as the laws exist on April 28, |
2025. |
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(b) Nothing in this Act shall limit the authority of a |
State agency to establish workers' rights and worker safety |
requirements for this State that are more stringent than those |
provided under federal wage and hour law or federal coal mine |
safety law, as the laws exist on April 28, 2025. |
(c) If a federal wage and hour law or federal coal mine |
safety law is repealed, revoked, or amended in any manner that |
results in the federal protections of workers' rights or |
worker safety becoming less stringent, or if the applicable |
federal agency issues a new interpretation of the federal wage |
and hour law or federal coal mine safety law through an opinion |
letter, ruling letter, administrative interpretation, program |
policy manual, or program policy letter that results in the |
federal protections of workers' rights or worker safety |
becoming less stringent, and a State agency does not already |
have corresponding rules in place that are at least as |
stringent as the federal wage and hour law or federal coal mine |
safety law being repealed, revoked, amended, or newly |
interpreted, the applicable State agency or agencies shall, as |
soon as practical, adopt a rule that incorporates the federal |
wage and hour law or federal coal mine safety law being |
repealed, revoked, amended, or newly interpreted as a minimum |
requirement for this State. The State agency may also take |
additional action to maintain the protection of workers' |
rights or worker safety, including, but not limited to, |
recommending legislation and developing policy. Any |
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requirement adopted by operation of this Section may be |
enforced through the existing enforcement procedures |
established under State law for violations of the Minimum Wage |
Law or the Coal Mining Act, as applicable, including |
applicable penalties and remedies.
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Section 5-15. Implementation and reporting. Each State |
agency shall undertake all feasible efforts using the State |
agency's authority under State and federal law to implement |
and enforce this Act. Each State agency that takes actions to |
enforce this Act shall submit a report to the General Assembly |
at least once each year describing the State agency's |
compliance with this Act. The report to the General Assembly |
shall be filed with the Clerk of the House of Representatives |
and the Secretary of the Senate in electronic form only, in the |
manner that the Clerk and the Secretary shall direct.
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Section 5-20. Rulemaking authority. In order to comply |
with the requirements of this Act, the agency head of each |
applicable State agency, or the agency head's authorized |
representative, may adopt all necessary rules, in accordance |
with the requirements of the Illinois Administrative Procedure |
Act, to protect the rights and safety of workers.
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Section 5-25. Severability. The provisions of this Act are |
severable. If any provision of this Act or its application is |
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held invalid, that invalidity shall not affect other |
provisions or applications that can be given effect without |
the invalid provision or application.
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Article 10. Safe and Healthy Workplace Act
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Section 10-1. Short title. |
(a) This Article may be cited as the Illinois Safe and |
Healthy Workplace Act. |
(b) As used in this Article, "this Act" refers to this |
Article.
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Section 10-5. Scope. |
(a) The grant of authority and obligations in this Act |
apply and extend only to occupational safety or health issues |
with respect to which no standard is in effect under section 6 |
of the federal Occupational Safety and Health Act, 29 U.S.C. |
651 et seq. The grant of authority and obligations in this Act |
do not apply to occupational safety or health issues with |
respect to which a standard is in effect under section 6 of the |
federal Occupational Safety and Health Act, 29 U.S.C. 651 et |
seq. |
(b) This Act does not apply to the development or |
enforcement of occupational health and safety standards in the |
public sector set forth in the Illinois Occupational Safety |
and Health Act.
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Section 10-10. Operative provisions for the development of |
occupational health and safety rules in the private sector |
where no federal standard exists. If, after the effective date |
of this Act, a federal occupational health or safety standard, |
as defined under 29 U.S.C. 651 et seq., is repealed or revoked |
and no federal standard exists regulating that occupational |
safety or health issue for any employer that is not subject to |
the Occupational Safety and Health Act, the Illinois |
Department of Labor shall, as soon as practical, adopt rules |
as the Director of the Illinois Department of Labor deems |
necessary to incorporate the federal occupational health or |
safety standard that was repealed or revoked to address that |
occupational safety or health issue. No rules adopted by the |
Illinois Department of Labor shall be construed to apply to |
the federal government as an employer.
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Section 10-15. Rulemaking authority. |
(a) In order to accomplish the objectives of this Act and |
to carry out the duties prescribed by this Act, the Director of |
Labor may adopt rules, in accordance with the Illinois |
Administrative Procedure Act, necessary to implement the |
provisions of this Act. In developing rules, the Department of |
Labor shall consider the federal occupational health or safety |
standard being repealed or revoked as a minimum standard for |
private employers in this State. |
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(b) Any standard adopted by operation of this Section may |
be enforced through Section 10-20 of this Act.
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Section 10-20. Right of action. |
(a) As used in this Section, "interested party" means an |
organization that monitors or is attentive to compliance with |
public or worker safety laws. |
(b) An aggrieved employee, an interested party, or the |
Department of Labor may bring a civil action against a private |
employer to enforce any rule adopted by the Department of |
Labor in accordance with this Act. |
(c) An action brought under this Section must be brought |
no later than 3 years after the date of the alleged violation |
and, if brought by an aggrieved employee, may be brought by one |
or more employees on behalf of themselves and other employees |
similarly situated. |
(d) In any action brought under this Section the |
Department of Labor shall be represented by the Office of the |
Attorney General.
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Section 10-25. Relief and penalties. |
(a) An aggrieved employee, interested party, or the |
Department of Labor prevailing in a civil action under Section |
10-20 or any rules or standards adopted under this Act shall be |
entitled to all appropriate relief, including declaratory and |
injunctive relief and any other appropriate relief as deemed |
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necessary by the court to make the employee or employees |
whole. The court shall award a prevailing employee or |
interested party reasonable attorney's fees and costs. |
(b) With respect to any occupational health and safety |
rules and standards in the private sector where no federal |
standard exists and for which no other civil penalties already |
exist, the court may impose civil penalties as follows: |
(1) an employer found to be in violation of the rule or |
standard may be assessed a civil penalty of not more than |
$1,000 per violation; |
(2) an employer that repeatedly violates the rule or |
standard may be assessed a civil penalty of not more than |
$10,000 per violation; and |
(3) an employer that willfully violates the rule or |
standard, or who demonstrates plain indifference to any |
provision of the rule or standard, may be assessed a civil |
penalty of not more than $70,000 per violation.
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Section 10-30. Severability. The provisions of this Act |
are severable. If any provision of this Act or its application |
is held invalid, that invalidity shall not affect other |
provisions or applications that can be given effect without |
the invalid provision or application.
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Article 15. Amendatory Provisions
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Section 15-5. The Occupational Safety and Health Act is |
amended by changing Section 25 as follows:
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(820 ILCS 219/25) |
Sec. 25. Occupational safety and health standards. |
(a) All 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 and which are in effect on the effective |
date of this Act shall be and are hereby made rules of the |
Department unless the Director promulgates an alternate |
standard that is at least as effective in providing safe and |
healthful employment and places of employment as a federal |
standard. Before developing and adopting an alternate standard |
or modifying or revoking an existing standard, the Director |
must consider factual information that includes: |
(1) Expert technical knowledge. |
(2) Input from interested persons, including |
employers, employees, recognized standards-producing |
organizations, and the public. |
(b) All federal occupational safety and health standards |
which the United States Secretary of Labor promulgates or |
modifies in accordance with the federal Occupational Safety |
and Health Act of 1970 on or after the effective date of this |
Act, unless revoked by the Secretary of Labor, shall become |
rules of the Department within 6 months after their federal |
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promulgation date, unless there has been in effect in this |
State at the time of the promulgation or modification of the |
federal standard an alternate State standard that is at least |
as effective in providing safe and healthful employment and |
places of employment as a federal standard. The alternate |
State standard, if not currently contained in the Department's |
rules, shall not become effective, however, unless the |
Department, within 45 days after the federal promulgation |
date, files with the office of the Secretary of State in |
Springfield, Illinois, a certified copy of the rule as |
provided in the Illinois Administrative Procedure Act. |
(c) If, after April 28, 2025, the United States Secretary |
of Labor revokes or repeals a previously promulgated federal |
Occupational Safety and Health Act standard or if the United |
States Secretary of Labor amends a previously promulgated |
federal Occupational Safety and Health Act standard or issues |
a standard interpretation for a previously promulgated federal |
Occupational Safety and Health Act standard that results in |
the federal standard becoming less effective in providing safe |
and healthful employment and places of employment, the |
Illinois Department of Labor shall, as soon as practical and |
in accordance with the process set forth in this Section, |
adopt a standard that incorporates the federal occupational |
health or safety standard as it existed prior to being |
repealed, revoked, amended, or newly interpreted and addresses |
the occupational safety or health issue that the repealed, |