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)