Sec. 35. Emergency temporary standards.

196 words·~1 min read·/il/chapter-820/act-219/35

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

(a)The Director may promulgate emergency temporary standards or rules, or both, to take effect immediately by filing the proposed standard with the Secretary of State, provided that the Director first expressly determines the following:

(1)Employees are exposed to grave danger from exposure to substances or agents

determined to be toxic or physically harmful or from new hazards.

(2)The emergency temporary standard is necessary to protect the employees from the

danger described in paragraph (1).

(b)The Director shall adopt emergency temporary standards promulgated by the federal Occupational Safety and Health Administration within 30 days of the federal notice of proposed emergency rulemaking. An emergency temporary standard shall be effective until superseded by a permanent standard but in no event for more than 6 months from the date of publication of the emergency temporary standard. The publication of emergency temporary standards shall be deemed to be a petition to the Director for the promulgation of a permanent standard and shall be deemed to be filed with the Director on the date of publication. The proceeding for promulgation of the permanent standard shall be pursued in accordance with this Act.