Section 350.90  Complaints by Employees

a)         General.  Any employee or representative of employees who believes that conditions or practices exist in the workplace that constitute a violation of any health and safety standard adopted under the Health and Safety Act or that constitute an imminent danger to the health or safety of the employees may request an inspection of the workplace by the Department.  The complaint can be formal or informal and will be handled as other unprogrammed inspections are handled.

b)         Identity of Complainant.  The identity of the complainant shall be kept confidential unless the complainant requests otherwise.

c)         Formalizing Oral Complaints.  Every effort will be make to formalize oral complaints, including seeking further clarification of the hazard, working conditions, locations, etc.  Attempts will be made to elicit a complaint form signed by a current employee or employee representative.  If a complaint is deemed to have no basis or relevance to the occupational safety and health standards, the complainant will be notified of the findings.

d)         Formal Complaints.  The request shall be made by submission of a written complaint to the Department.  The complaint shall contain:

            1)         The name and address of the employer;

            2)         The specific location of the workplace that is the subject of the complaint;

3)         A description of the specific conditions or practices that the employees or representatives believe constitute a violation of the standards or an imminent danger;

4)         The specific standards that the employees or representatives believe have been violated, if known; and

5)         The signature and contact information of the employees or representatives submitting the complaint.

e)         If the Department determines that the complaint contains the required information and allegations of conditions that, if true, would constitute a violation of the standards, the Department shall conduct an expedited inspection of the workplace within 14 calendar days after receipt.  The inspection shall be conducted as expeditiously as practicable considering the seriousness of the alleged violation or danger, the availability of inspection officers, the location of the workplace, and the complexity of the inspection.

f)         A copy of the complaint shall be provided to the employer or authorized representative during the opening conference.

g)         If the Department determines that the complaint, if true, would constitute an imminent danger, the Department shall conduct a special expedited inspection of the workplace.  The inspection shall be conducted within one working day after the receipt of the complaint.

h)         Informal Complaints.  Management within the Department's Public Safety Education Division will decide how to handle all complaints.  Based upon the severity/legitimacy of the complaint, either an on-site inspection will be scheduled or a notification addressing the concern will be sent to the affected employer.

i)                    Results.  The employer, employees' representative and the complainant will be notified of the Department's findings within six months after the date the Department received the complaint.

j)          Nondiscrimination.  No employer shall discharge or in any way discriminate against any employee who files a complaint with the Department.  Any such "whistleblower" complaints will be thoroughly investigated and, if valid, appropriate relief will be sought in the circuit court of the nearest principal Department office (i.e., Cook or Sangamon County).