Sec. 25. Occupational safety and health standards.

435 words·~2 min read·/il/chapter-820/act-219/25

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 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, revoked, amended, or newly interpreted federal Occupational Safety and Health Act standard had addressed.