Illinois General Assembly - Full Text of SB1103
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Full Text of SB1103  98th General Assembly

SB1103enr 98TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Occupational Safety and Health Act.
 
6    Section 2. References to prior Acts. On and after the
7effective date of this Act, a reference to the Safety
8Inspection and Education Act or the Health and Safety Act in
9any other Act or in any rule contained in the Illinois
10Administrative Code shall be deemed to be a reference to this
11Act.
 
12    Section 5. Definitions. In this Act:
13    "Department" means the Department of Labor.
14    "Director" means the Director of Labor.
15    "Division" means the Division of Occupational Safety and
16Health within the Department of Labor.
17    "Employee" means a person in the service of any of the
18following entities, regardless of whether the service is by
19virtue of election, by appointment or contract, or by hire, and
20regardless of whether the relationship is express or implied or
21established orally or in writing:
22        (1) The State. For purposes of this paragraph (1), the

 

 

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1    term includes a member of the General Assembly, a member of
2    the Illinois Commerce Commission, a member of the Illinois
3    Workers' Compensation Commission, and any person in the
4    service of a public university or college in Illinois.
5        (2) An Illinois county. For purposes of this paragraph
6    (2), the term includes a deputy sheriff and an assistant
7    State's Attorney.
8        (3) An Illinois township.
9        (4) An Illinois city, village, incorporated town,
10    school district, or other municipal corporation or body
11    politic.
12    "Public employer" or "employer" means the State of Illinois
13or any political subdivision of the State.
 
14    Section 10. Administration of Act; Division of
15Occupational Safety and Health.
16    (a) The Department shall administer this Act. For the
17purpose of assisting in the administration of this Act, the
18Director may authorize his or her representatives in the
19Department to perform any necessary inspections or
20investigations under this Act.
21    (b) The Department shall maintain a division within the
22Department to be known as the Division of Occupational Safety
23and Health.
 
24    Section 15. Application of Act. This Act applies to every

 

 

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1public employer in this State and its employees. Nothing in
2this Act, however, applies to working conditions of employees
3with respect to which federal agencies, and State agencies
4acting under Section 274 of the Atomic Energy Act of 1954 (42
5U.S.C. 2021), exercise statutory authority to prescribe or
6enforce standards or regulations affecting occupational safety
7and health. Any State regulations more strict than applicable
8federal standards shall, before being promulgated, be the
9subject of hearings as required by this Act.
 
10    Section 20. Duties of employers and employees.
11    (a) Every public employer must provide reasonable
12protection to the lives, health, and safety of its employees
13and must furnish to each of its employees employment and a
14workplace which are free from recognized hazards that cause or
15are likely to cause death or serious physical harm to its
16employees.
17    (b) Every public employer must comply with the occupational
18safety and health standards promulgated under this Act.
19    (c) Every public employer must keep its employees informed
20of their protections and obligations under this Act, including
21the provisions of applicable standards or rules adopted under
22this Act.
23    (d) Every public employer must furnish its employees with
24information regarding hazards in the workplace, including
25information about suitable precautions, relevant symptoms, and

 

 

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1emergency treatment.
2    (e) Every employee must comply with the rules that are
3promulgated from time to time by the Director under this Act
4and that are applicable to the employee's actions and conduct.
 
5    Section 25. Occupational safety and health standards.
6    (a) All federal occupational safety and health standards
7which the United States Secretary of Labor has promulgated or
8modified in accordance with the federal Occupational Safety and
9Health Act of 1970 and which are in effect on the effective
10date of this Act shall be and are hereby made rules of the
11Department unless the Director promulgates an alternate
12standard that is at least as effective in providing safe and
13healthful employment and places of employment as a federal
14standard. Before developing and adopting an alternate standard
15or modifying or revoking an existing standard, the Director
16must consider factual information that includes:
17        (1) Expert technical knowledge.
18        (2) Input from interested persons, including
19    employers, employees, recognized standards-producing
20    organizations, and the public.
21    (b) All federal occupational safety and health standards
22which the United States Secretary of Labor promulgates or
23modifies in accordance with the federal Occupational Safety and
24Health Act of 1970 on or after the effective date of this Act,
25unless revoked by the Secretary of Labor, shall become rules of

 

 

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1the Department within 6 months after their federal promulgation
2date, unless there has been in effect in this State at the time
3of the promulgation or modification of the federal standard an
4alternate State standard that is at least as effective in
5providing safe and healthful employment and places of
6employment as a federal standard. The alternate State standard
7shall not become effective, however, unless the Department,
8within 45 days after the federal promulgation date, files with
9the office of the Secretary of State in Springfield, Illinois,
10a certified copy of the rule as provided in the Illinois
11Administrative Procedure Act.
 
12    Section 30. Standards; required features.
13    (a) A standard promulgated under this Act shall prescribe
14the use of labels or other appropriate forms of warning as are
15necessary to ensure that employees are apprised of all hazards
16to which they are exposed, relevant symptoms and appropriate
17emergency treatment, and proper conditions and precautions of
18safe use or exposure.
19    (b) When appropriate, a standard shall also prescribe
20suitable protective equipment and control or technological
21procedures to be used in connection with such hazards and shall
22provide for monitoring or measuring employee exposure at
23locations and intervals and in a manner as necessary for the
24protection of employees.
25    (c) In addition, when appropriate, a standard shall

 

 

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1prescribe the type and frequency of medical examinations or
2other tests which shall be made available, by the employer or
3at the employer's cost, to employees exposed to such hazards in
4order to most effectively determine whether the health of the
5employees is adversely affected by the exposure. The results of
6the examinations or tests shall be furnished by the employer
7only to the Department or, at the direction of the Department,
8to authorized medical personnel and, at the request of the
9employee, to the employee's physician.
10    (d) The Director, in promulgating standards dealing with
11toxic materials or harmful physical agents under this Section,
12shall set the standard which most adequately ensures, to the
13extent feasible, on the basis of the best available evidence,
14that no employee will suffer material impairment of health or
15functional capacity even if the employee has regular exposure
16to the hazard dealt with by the standard for the period of the
17employee's working life.
18    (e) Development of standards under this Section shall be
19based on research, demonstrations, experiments, and other
20information as appropriate. In addition to the attainment of
21the highest degree of health and safety protection for the
22employee, other considerations shall be the latest available
23scientific data in the field, the feasibility of the standards,
24and experience gained under this and other health and safety
25laws. Whenever practicable, a standard shall be expressed in
26terms of objective criteria and of the performance desired.
 

 

 

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1    Section 35. Emergency temporary standards.
2    (a) The Director may promulgate emergency temporary
3standards or rules, or both, to take effect immediately by
4filing the proposed standard with the Secretary of State,
5provided that the Director first expressly determines the
6following:
7        (1) Employees are exposed to grave danger from exposure
8    to substances or agents determined to be toxic or
9    physically harmful or from new hazards.
10        (2) The emergency temporary standard is necessary to
11    protect the employees from the danger described in
12    paragraph (1).
13    (b) The Director shall adopt emergency temporary standards
14promulgated by the federal Occupational Safety and Health
15Administration within 30 days of the federal notice of proposed
16emergency rulemaking. An emergency temporary standard shall be
17effective until superseded by a permanent standard but in no
18event for more than 6 months from the date of publication of
19the emergency temporary standard. The publication of emergency
20temporary standards shall be deemed to be a petition to the
21Director for the promulgation of a permanent standard and shall
22be deemed to be filed with the Director on the date of
23publication. The proceeding for promulgation of the permanent
24standard shall be pursued in accordance with this Act.
 

 

 

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1    Section 40. Variance from standards. The Director may grant
2a temporary or permanent variance from a State occupational
3safety and health standard upon application by a public
4employer to the Director. The Director may grant a variance
5from a standard or portion of a standard if the Director
6determines that the variance is necessary to permit an employer
7to participate in an experiment approved by the Director
8designed to demonstrate or validate new and improved techniques
9to safeguard the health or safety of workers. A variance from a
10State occupational safety and health standard may only have
11future effect.
 
12    Section 45. Temporary variance.
13    (a) A public employer may apply to the Director for a
14temporary variance from an occupational safety and health
15standard promulgated under this Act. The Director shall issue a
16temporary variance only if the employer first files with the
17Director an application which meets the requirements of this
18Section.
19    (b) An application for a temporary variance under this
20Section shall contain all of the following:
21        (1) A specification of the standard or portion thereof
22    from which the employer seeks a variance.
23        (2) A representation by the employer, supported by
24    representations from qualified persons having first-hand
25    knowledge of the facts represented, that the employer is

 

 

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1    unable to comply with the standard or portion thereof, and
2    a detailed statement of the reasons therefor.
3        (3) A statement of the steps the employer has taken and
4    will take to protect employees against a hazard covered by
5    the standard, including specific dates on which or by which
6    the employer has taken or will take those steps.
7        (4) A statement specifying the date by which the
8    employer expects to be able to comply with the standard.
9        (5) A certification that the employer has informed its
10    employees of the application by giving a copy of the
11    application to the employees' authorized representative,
12    by posting a statement at the place or places where notices
13    to employees are normally posted that summarizes the
14    application and specifies where a copy may be examined, and
15    by other appropriate means as determined by the employer.
16    The information provided to employees shall also inform
17    them of their right to petition the Director for a hearing
18    on the application.
19    (c) An application for a temporary variance under this
20Section shall establish all of the following:
21        (1) The employer is unable to comply with a standard by
22    its effective date because professional or technical
23    personnel or materials and equipment needed to comply with
24    the standard are unavailable or because necessary
25    construction or alteration of facilities cannot be
26    completed by the effective date of the standard.

 

 

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1        (2) The employer is taking all available steps to
2    safeguard its employees against the hazards covered by the
3    standard.
4        (3) The employer has an effective program for complying
5    with the standard as quickly as practicable.
6    (d) The Director may issue a temporary variance only after
7the Department provides notice to the employer's employees and
8an opportunity for a hearing. However, in a case involving only
9documentary evidence in support of the application for a
10temporary variance and in which no objection is made or hearing
11requested by the employees or their representative, the
12Director may issue a temporary variance in accordance with this
13Act without a hearing.
14    (e) If a hearing is requested on an application for a
15temporary variance, the application shall be heard and
16determined by the Director.
17    (f) A temporary variance issued under this Section shall
18prescribe the practices, means, methods, operations, and
19processes which the employer must adopt and use while the
20temporary variance is in effect and shall state in detail the
21employer's program for achieving compliance with the standard.
 
22    Section 50. Permanent variance.
23    (a) A public employer affected by an occupational safety
24and health standard promulgated under this Act may apply to the
25Director for a permanent variance from that standard. The form

 

 

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1and manner of the application shall be as provided in rules.
2    (b) Employees affected by a standard from which their
3employer has applied for a variance under this Section shall be
4given notice of the employer's application and an opportunity
5to participate in a hearing on the application.
6    (c) The Director shall issue a permanent variance if he or
7she determines on the record, after opportunity for an
8inspection where appropriate as determined by the Department
9and a hearing, that the employer has demonstrated by a
10preponderance of the evidence that the conditions, practices,
11means, methods, operations, or processes used or proposed to be
12used by the employer will provide employment and places of
13employment to its employees which are as safe and healthful as
14those which would prevail if the employer complied with the
15standard. The variance shall prescribe the conditions the
16employer must maintain, and the practices, means, methods,
17operations, and processes which the employer must adopt and
18utilize, to the extent they differ from the standard in
19question.
20    (d) A variance issued under this Section may be modified or
21revoked upon application by the employer, by the employees, or
22by the Director on his or her own motion, in the manner
23prescribed for the issuance of a variance under this Section at
24any time after 6 months from the issuance of the variance.
 
25    Section 55. Rules generally.

 

 

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1    (a) The Director, from time to time, shall promulgate rules
2that clearly describe the persons to whom those rules apply and
3that clearly describe the conduct that is required of those
4persons. Each such rule shall, by its terms, be uniform and
5general in its application wherever the subject matter of the
6rule exists in any workplace having employees in the service of
7a public employer. The rules may include rules that, when
8applicable to products which are distributed or used in
9interstate commerce, are required by compelling local
10conditions and do not unduly burden interstate commerce.
11    (b) Any standards or rules promulgated by the Director
12under the Safety Inspection and Education Act or the Health and
13Safety Act that are in full force on the effective date of this
14Act shall become the rules of the Department under this Act.
15This Act does not affect the legality of any such rules in the
16Illinois Administrative Code.
17    (c) Any proposed standards or rules filed with the
18Secretary of State by the Director under the Safety Inspection
19and Education Act or the Health and Safety Act that are pending
20in the rulemaking process on the effective date of this Act
21shall be deemed to have been filed by the Director under this
22Act.
23    (d) As soon as practicable after the effective date of this
24Act, the Director shall revise and clarify the standards or
25rules described in subsections (b) and (c) as necessary to
26reflect the provisions of this Act.
 

 

 

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1    Section 60. Employers' records.
2    (a) The Director shall adopt rules requiring public
3employers to maintain accurate records of, and to make reports
4on, work-related deaths, injuries, and illnesses, other than
5minor injuries requiring only first aid treatment which do not
6involve medical treatment, loss of consciousness, restriction
7of work or motion, or transfer to another job. The rules shall
8specifically include all of the reporting provisions of Section
96 of the Workers' Compensation Act and Section 6 of the
10Workers' Occupational Diseases Act. The records shall be
11available to any State agency requiring such information.
12    (b) The Director shall adopt rules requiring public
13employers to maintain accurate records of employee exposures to
14potentially toxic materials or harmful physical agents which
15are required to be monitored or measured under this Act. The
16rules shall provide employees or their authorized
17representative with an opportunity to observe the monitoring or
18measuring, and to have access to the records of the monitoring
19or measuring. The rules shall provide appropriate means by
20which each employee or former employee may have access to such
21records as will indicate his or her exposure to toxic materials
22or harmful physical agents.
23    (c) A public employer shall promptly notify any employee
24who has been or is being exposed to toxic materials or harmful
25physical agents in concentrations or at levels which exceed

 

 

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1those prescribed by an occupational safety and health standard
2and shall inform the employee who is being thus exposed of the
3action being taken by the employer to correct such exposure.
 
4    Section 65. Periodic inspection of workplaces.
5    (a) The Director shall enforce the occupational safety and
6health standards and rules promulgated under this Act and any
7occupational health and safety regulations relating to
8inspection of places of employment, and shall visit and
9inspect, as often as practicable, the places of employment
10covered by this Act.
11    (b) The Director or his or her authorized representative,
12upon presenting appropriate credentials to a public employer's
13agent in charge, has the right to enter and inspect all places
14of employment covered by this Act as follows:
15        (1) An inspector may enter without delay and at
16    reasonable times any establishment, construction site, or
17    other area, workplace, or environment where work is
18    performed by an employee of a public employer in order to
19    enforce the occupational safety and health standards
20    adopted under this Act.
21        (2) If a public employer refuses entry to an inspector
22    upon being presented with proper credentials or allows
23    entry but then refuses to permit or hinders the inspection
24    in any way, the inspector shall leave the premises and
25    immediately report the refusal to authorized management

 

 

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1    within the Division. Authorized management shall notify
2    the Director to initiate the compulsory legal process to
3    obtain entry or obtain a warrant for entry, or both.
4        (3) An inspector may inspect and investigate during
5    regular working hours and at other reasonable times, and
6    within reasonable limits and in a reasonable manner, any
7    workplace described in paragraph (1) and all pertinent
8    conditions, structures, machines, apparatus, devices,
9    equipment, and materials therein, and to question
10    privately the employer or any agent or employee of the
11    employer.
12        (4) The owner, operator, manager, or lessee of any
13    workplace covered by this Act, and his or her agent or
14    employee, and any employer affected by this Act shall, when
15    requested by the Division of Occupational Safety and Health
16    or any duly authorized agent of that Division: (i) furnish
17    any information in his or her possession or under his or
18    her control which the Department is authorized to require,
19    (ii) answer truthfully all questions required to be put to
20    him or her, and (iii) cooperate in the making of a proper
21    inspection.
 
22    Section 70. Inspection of workplace upon complaint.
23    (a) An employee or representative of employees who believes
24that a violation of an occupational safety and health standard
25exists in a workplace covered by this Act or that an imminent

 

 

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1danger exists in such a place may request an inspection by
2submitting a written complaint to the Director or his or her
3authorized representative setting forth with reasonable
4particularity the grounds for the complaint. The complaint
5shall be signed by the employee or representative.
6    (b) If the Director or the Director's authorized
7representative determines there are no reasonable grounds to
8believe that a violation or imminent danger exists, he or she
9shall notify the employee or representative of employees of
10that determination in writing.
11    (c) If, upon receipt of the complaint, the Director or his
12or her authorized representative determines there are
13reasonable grounds to believe that a violation or imminent
14danger exists, he or she shall make a special inspection of the
15workplace in accordance with this Act, as soon as practicable,
16to determine whether a violation or imminent danger exists.
17    (d) A copy of the complaint shall be provided to the public
18employer or its agent by the Director or his or her authorized
19representative at the time of the inspection, except that, upon
20the request of the person making the complaint, that person's
21name and the names of individual employees referred to in the
22complaint shall not appear in the copy or on any record
23published, released, or made available by the Director or his
24or her authorized representative.
25    (e) Nonformal safety and health complaints shall be handled
26by an authorized representative of the Director. Based on the

 

 

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1severity and legitimacy of the complaint as determined by the
2Division, the Director's authorized representative shall
3either schedule an inspection of the workplace or issue a
4letter to the employer stating the allegations set forth in the
5complaint.
 
6    Section 75. Opportunity to accompany inspection. Subject
7to rules adopted by the Director, a representative of the
8employer and a representative authorized by the employer's
9employees shall be given an opportunity to accompany the
10Director or his or her authorized representative during the
11physical inspection of any workplace under this Act for the
12purpose of aiding the inspection. If there is no authorized
13employee representative, the Director or his or her authorized
14representative shall consult with a reasonable number of
15employees concerning matters of occupational safety and health
16in the workplace.
 
17    Section 80. Violation of Act or standard; citation.
18    (a) Upon inspection or investigation of a workplace, if the
19Director or his or her authorized representative believes that
20a public employer has violated a requirement of this Act or a
21standard, rule, or regulation promulgated under this Act, he or
22she shall with reasonable promptness issue a citation to the
23employer. A citation shall: (i) be in writing, (ii) describe
24with particularity the nature of the violation and include a

 

 

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1reference to the provision of the Act, standard, rule, or
2regulation alleged to have been violated, and (iii) fix a
3reasonable time for the abatement of the violation.
4    (b) Each citation issued under this Section, or a copy or
5copies thereof, shall be prominently posted at or near the
6place at which the violation occurred as prescribed in rules
7adopted by the Director.
8    (c) A citation shall be served on the employer or the
9employer's agent by delivering a copy to the person upon whom
10the service is to be had, or by leaving a copy at his or her
11usual place of business or abode, or by sending a copy by
12certified mail to his or her place of business.
13    (d) A citation may not be issued under this Section after
14the expiration of 6 months following the occurrence of any
15violation.
 
16    Section 85. Civil penalties.
17    (a) After an inspection of a workplace under this Act, if
18the Director issues a citation, he or she shall, within 5 days
19after issuing the citation, notify the employer by certified
20mail of any civil penalty proposed to be assessed for the
21violation set forth in the citation.
22    (b) If the Director has reason to believe that an employer
23has failed to correct a violation for which a citation has been
24issued within the period permitted for its correction, the
25Director shall notify the employer by certified mail of that

 

 

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1failure and of the civil penalty proposed to be assessed for
2that failure.
3    (c) Civil penalties authorized under this Section are as
4follows:
5        (1) A public employer that repeatedly violates this
6    Act, the Safety Inspection and Education Act, or the Health
7    and Safety Act, or any combination of those Acts, or any
8    standard, rule, regulation, or order under any of those
9    Acts, may be assessed a civil penalty of not more than
10    $10,000 per violation.
11        (2) A public employer that intentionally violates this
12    Act, the Safety Inspection and Education Act, or the Health
13    and Safety Act, or any standard, rule, regulation, or order
14    under any of those Acts, or who demonstrates plain
15    indifference to any provision of any of those Acts or any
16    such standard, rule, regulation, or order, may be assessed
17    a civil penalty of not more than $10,000.
18        (3) A public employer that has received a citation for
19    a serious violation of this Act, the Safety Inspection and
20    Education Act, or the Health and Safety Act, or any
21    standard, rule, regulation, or order under any of those
22    Acts, may be assessed a civil penalty up to $1,000 for each
23    such violation.
24        (4) A public employer that has received a citation for
25    a violation of this Act, the Safety Inspection and
26    Education Act, or the Health and Safety Act, or any

 

 

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1    standard, rule, regulation, or order under any of those
2    Acts, which is not a serious violation, may be assessed a
3    civil penalty of up to $1,000 for each such violation.
4        (5) A public employer that violates a posting
5    requirement is subject to the following citations and
6    proposed penalty structure:
7            (A) Job Safety and Health Poster: an other than
8        serious citation and a proposed penalty of $1,000.
9            (B) Annual Summary of Work-Related Injuries and
10        Illnesses (OSHA Form 300A): an other than serious
11        citation and a proposed penalty of $1,000, even if
12        there are no recordable injuries or illnesses.
13            (C) Citation: an other than serious citation and a
14        proposed penalty of $1,000.
15        (6) A public employer that fails to correct a violation
16    for which a citation has been issued within the period
17    permitted may be assessed a civil penalty of up to $1,000
18    for each day the violation continues.
19    (d) For purposes of this Section, a "serious violation"
20shall be deemed to exist in a workplace if there is a
21substantial probability that death or serious physical harm
22could result from (i) a condition which exists or (ii) one or
23more practices, means, methods, operations, or processes which
24have been adopted or are in use in the workplace, unless the
25employer did not know and could not, with the exercise of
26reasonable diligence, have known of the presence of the

 

 

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1violation.
2    (e) The Director may assess civil penalties as provided in
3this Section, giving due consideration to the appropriateness
4of the penalty. A penalty may be reduced by the Director or the
5Director's authorized representative based on the public
6employer's good faith, size of business, and history of
7previous violations.
8    (f) The Attorney General may bring an action in the circuit
9court to enforce the collection of any civil penalty assessed
10under this Act.
11    (g) All civil penalties collected under this Act shall be
12deposited into the General Revenue Fund of the State of
13Illinois.
 
14    Section 90. Informal review.
15    (a) A public employer may submit in writing data relating
16to the abatement of a hazard to be considered by an authorized
17representative of the Director. The authorized representative
18shall notify the interested parties if such data will be used
19to modify an abatement order.
20    (b) Within 15 working days after receiving a citation,
21proposed assessment of a civil penalty, or notice of failure to
22correct a violation, a public employer or the employer's agent
23may request that an authorized representative of the Director
24review abatement dates, reclassify violations (such as willful
25to serious, serious to other than serious), or modify or

 

 

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1withdraw a penalty, a citation, or a citation item, or any
2combination of those, if the employer presents evidence during
3the informal conference which convinces the authorized
4representative that the changes are justified.
 
5    Section 95. Request for hearing.
6    (a) Within 15 working days after receiving a citation,
7proposed assessment of a civil penalty, or notice of failure to
8correct a violation, a public employer or the employer's agent,
9manager, or superintendent may request in writing a hearing
10before the Director to contest the citation, assessment of a
11civil penalty, or notice of failure to correct a violation.
12    (b) If, within 15 working days after receiving a citation
13and notice of penalty or notice of failure to correct a
14violation issued by the Director, the employer fails to notify
15the Director that it intends to contest the citation,
16assessment of a civil penalty, or notice of failure to correct
17a violation, and if no notice requesting a hearing is filed by
18an employee or employee representative under subsection (c)
19within that time, the citation, assessment of a civil penalty,
20or notice of failure to correct a violation shall be deemed a
21final order and not subject to review by any court or agency.
22    (c) Within 15 working days after the issuance of a citation
23under Section 80, an employee or representative of an employee
24may file a request in writing for a hearing before the Director
25to contest the citation on the ground that the period of time

 

 

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1fixed in the citation for the abatement of the violation
2identified in the citation is unreasonable.
 
3    Section 100. Hearing.
4    (a) If a public employer or the employer's representative
5notifies the Director that the employer intends to contest a
6citation and notice of penalty or if, within 15 working days
7after the issuance of the citation, an employee or
8representative of employees files a notice with the Director
9alleging that the period of time fixed in the citation for the
10abatement of the violation is unreasonable, the Director shall
11afford an opportunity for a hearing before an Administrative
12Law Judge designated by the Director.
13    (b) At the hearing, the employer or employee shall state
14his or her objections to the citation and provide evidence why
15the citation should not stand as issued. The Director or his or
16her representative shall be given the opportunity to state his
17or her reasons for issuing the citation. Affected employees
18shall be provided an opportunity to participate as parties to
19hearings under the rules of procedure prescribed by the
20Director (56 Ill. Admin. Code, Part 120).
21    (c) The Director, or the Administrative Law Judge on behalf
22of the Director, has the power to do the following:
23        (1) Issue subpoenas for and compel the attendance of
24    witnesses.
25        (2) Hear testimony and receive evidence.

 

 

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1        (3) Order testimony of a witness residing within or
2    without this State to be taken by deposition in the manner
3    prescribed by law for depositions in civil cases in the
4    circuit court in any proceeding pending before him or her
5    at any stage of such proceeding.
6    (d) Subpoenas and commissions to take testimony shall be
7under seal of the Director. Service of subpoenas may be made by
8a sheriff or any other person.
9    (e) The circuit court for the county where any hearing is
10pending may compel the attendance of witnesses, the production
11of pertinent books, papers, records, or documents, and the
12giving of testimony before the Director or an Administrative
13Law Judge by an attachment proceeding, as for contempt, in the
14same manner as the production of evidence may be compelled
15before the court.
16    (f) The Administrative Law Judge on behalf of the Director,
17after considering the evidence presented at the formal hearing,
18in accordance with the Director's rules, shall enter a final
19decision and order within a reasonable time affirming,
20modifying, or vacating the citation or proposed assessment of a
21civil penalty, or directing other appropriate relief.
 
22    Section 105. Judicial review.
23    (a) Any party adversely affected by a final order or
24determination of the Administrative Law Judge on behalf of the
25Director may obtain judicial review of that order or

 

 

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1determination by filing a complaint for review within 35 days
2after the entry of the order or other final action complained
3of, pursuant to the Administrative Review Law. If no appeal is
4taken within 35 days after the order or determination is
5issued, the order shall become final.
6    (b) A request for judicial review filed under this Section
7shall be heard expeditiously.
 
8    Section 110. Discrimination against employee prohibited.
9    (a) A person may not discharge or in any way discriminate
10against an employee because the employee has: (i) filed a
11complaint or instituted or caused to be instituted any
12proceeding under this Act, (ii) testified or is about to
13testify in any such proceeding, or (iii) exercised, on his or
14her own behalf or on behalf of another person, any right
15afforded by this Act.
16    (b) An employee who believes that he or she has been
17discharged or otherwise discriminated against by an employer in
18violation of this Section may, within 30 calendar days after
19the violation occurs, file a complaint with the Director
20alleging the discrimination.
21    (c) Upon receipt of the complaint, the Director shall cause
22an investigation to be made as the Director deems appropriate.
23After the investigation, if the Director determines that the
24employer has violated this Section, the Director shall bring an
25action in the circuit court for appropriate relief, including

 

 

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1rehiring or reinstatement of the employee to his or her former
2position with back pay, after taking into account any interim
3earnings of the employee.
 
4    Section 115. Abatement of imminent danger.
5    (a) Whenever the Director determines that an imminent
6danger exists in the working conditions of any public employee
7in this State, and that the danger may reasonably be expected
8to cause death or serious physical harm immediately or before
9the imminence of the danger can be eliminated through the
10enforcement procedures otherwise provided by this Act, the
11Director may file a complaint in the circuit court for
12appropriate relief, including an order that may require steps
13to be taken as necessary to abate, avoid, correct, or remove
14the imminent danger and prohibit the employment or presence of
15any individual in locations or under conditions where the
16imminent danger exists, except those individuals whose
17presence is necessary to abate, avoid, correct, or remove the
18imminent danger or to maintain the capacity of a continuous
19process operation to assume normal operations without a
20complete cessation of operations, or, if a cessation of
21operations is necessary, to permit the cessation to be
22accomplished in a safe and orderly manner.
23    (b) If an inspector concludes that an imminent danger
24exists in any workplace, the inspector shall promptly inform
25the affected employees or their authorized representative and

 

 

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1the employer of the danger and that the inspector will
2recommend to the Director that relief be sought as provided in
3subsection (a).
4    (c) If the Director arbitrarily or capriciously fails to
5seek relief under subsection (a) after receiving an inspector's
6recommendation under subsection (b), an employee who is injured
7by reason of such failure, or the representative of the
8employee, may bring an action against the Director in the
9circuit court for the county in which the imminent danger is
10alleged to exist or in which the employer has his or her
11principal office for relief by mandamus to compel the Director
12to seek relief under subsection (a) and for such further relief
13as may be appropriate.
 
14    Section 120. Criminal penalties.
15    (a) Willful violation. A public employer that willfully
16violates any provision of this Act or any standard, rule,
17regulation, or order under this Act commits a Class 4 felony if
18that violation causes the death of any employee.
19    (b) Advance notice of inspection. A person who gives
20advance notice to a public employer of any inspection to be
21conducted under this Act, without authority from the Director
22or the Director's authorized representative, commits a Class B
23misdemeanor.
24    (c) False statement. A person who knowingly makes a false
25statement, representation, or certification in any

 

 

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1application, record, report, plan, or other document required
2under this Act, or any standard, rule, regulation, or order
3adopted or issued under this Act, commits a Class 4 felony.
 
4    Section 125. Confidentiality of trade secrets.
5    (a) All information reported to or otherwise obtained by
6the Director or the Director's authorized representative in
7connection with any inspection or proceeding under this Act or
8any standard, rule, regulation, or order adopted or issued
9under this Act which contains or might reveal a trade secret
10shall be considered confidential, except that such information
11may be disclosed confidentially to other officers or employees
12concerned with carrying out this Act or when relevant to any
13proceeding under this Act. In any such proceeding, the Director
14or the court shall issue such orders as may be appropriate,
15including an order for the impoundment of files or portions of
16files, to protect the confidentiality of trade secrets.
17    (b) A person who discloses a trade secret in violation of
18this Section commits a Class B misdemeanor.
 
19    Section 130. Prosecution by Attorney General or State's
20Attorney. The Attorney General or a State's Attorney, upon
21request of the Department, shall prosecute any violation of
22this Act or a standard, rule, regulation, or order adopted or
23issued under this Act.
 

 

 

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1    Section 135. Safety education and other programs.
2    (a) The Department shall encourage public employers as well
3as organizations and groups of employees to institute and
4maintain safety education programs for employees and promote
5the observation of safety practices.
6    (b) The Department shall provide and conduct educational
7programs specifically designed to meet the regulatory
8requirements set forth in the occupational safety and health
9standards and to meet the needs of public employers.
10    (c) The Department shall conduct regular public
11information programs to inform public employers of changes or
12updates to the standards and rules adopted under this Act as
13necessary.
14    (d) The Department shall provide support services for any
15public employer that needs assistance with the public
16employer's self-inspection programs.
 
17    Section 140. Director's reports.
18    (a) In the annual report to the Governor required by the
19Civil Administrative Code of Illinois, the Director shall
20report the result of inspections and investigations made of
21establishments under this Act, together with such other
22information and recommendations as he or she deems proper.
23    (b) The Director shall make an annual report of his or her
24work under this Act to the Governor on or before the first day
25of February of each year. The Director shall make a biennial

 

 

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1report to the General Assembly on or before the first day of
2February of each odd-numbered year.
 
3    Section 145. Transition provisions. This Act does not
4affect any act done, ratified, or canceled, or any right
5occurring or established, or any action or proceeding had or
6commenced in an administrative, civil, or criminal cause, under
7the Safety Inspection and Education Act or the Health and
8Safety Act, or any standard or rule adopted under either of
9those Acts, before the effective date of this Act. An employee
10or public employer may enforce any such right under this Act.
11The Department, or the Attorney General or a State's Attorney,
12may prosecute or continue any such action or proceeding under
13this Act.
 
14    Section 900. The Civil Administrative Code of Illinois is
15amended by changing Sections 5-145 and 5-365 as follows:
 
16    (20 ILCS 5/5-145)  (was 20 ILCS 5/5.03)
17    Sec. 5-145. In the Department of Labor. Assistant Director
18of Labor; Chief Safety Factory Inspector; and Superintendent of
19Occupational Safety and Health Inspection and Education.
20(Source: P.A. 91-239, eff. 1-1-00.)
 
21    (20 ILCS 5/5-365)  (was 20 ILCS 5/9.03)
22    Sec. 5-365. In the Department of Labor. The Director of

 

 

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1Labor shall receive an annual salary as set by the Compensation
2Review Board.
3    The Assistant Director of Labor shall receive an annual
4salary as set by the Compensation Review Board.
5    The Chief Safety Factory Inspector shall receive $24,700
6from the third Monday in January, 1979 to the third Monday in
7January, 1980, and $25,000 thereafter, or as set by the
8Compensation Review Board, whichever is greater.
9    The Superintendent of Occupational Safety and Health
10Inspection and Education shall receive $27,500, or as set by
11the Compensation Review Board, whichever is greater.
12    The Superintendent of Women's and Children's Employment
13shall receive $22,000 from the third Monday in January, 1979 to
14the third Monday in January, 1980, and $22,500 thereafter, or
15as set by the Compensation Review Board, whichever is greater.
16(Source: P.A. 96-800, eff. 10-30-09.)
 
17    (820 ILCS 220/Act rep.)
18    Section 910. The Safety Inspection and Education Act is
19repealed.
 
20    (820 ILCS 225/Act rep.)
21    Section 915. The Health and Safety Act is repealed.
 
22    Section 920. The Workers' Compensation Act is amended by
23changing Sections 6 and 19 as follows:
 

 

 

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1    (820 ILCS 305/6)  (from Ch. 48, par. 138.6)
2    Sec. 6. (a) Every employer within the provisions of this
3Act, shall, under the rules and regulations prescribed by the
4Commission, post printed notices in their respective places of
5employment in such number and at such places as may be
6determined by the Commission, containing such information
7relative to this Act as in the judgment of the Commission may
8be necessary to aid employees to safeguard their rights under
9this Act in event of injury.
10    In addition thereto, the employer shall post in a
11conspicuous place on the place of the employment a printed or
12typewritten notice stating whether he is insured or whether he
13has qualified and is operating as a self-insured employer. In
14the event the employer is insured, the notice shall state the
15name and address of his insurance carrier, the number of the
16insurance policy, its effective date and the date of
17termination. In the event of the termination of the policy for
18any reason prior to the termination date stated, the posted
19notice shall promptly be corrected accordingly. In the event
20the employer is operating as a self-insured employer the notice
21shall state the name and address of the company, if any,
22servicing the compensation payments of the employer, and the
23name and address of the person in charge of making compensation
24payments.
25    (b) Every employer subject to this Act shall maintain

 

 

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1accurate records of work-related deaths, injuries and illness
2other than minor injuries requiring only first aid treatment
3and which do not involve medical treatment, loss of
4consciousness, restriction of work or motion, or transfer to
5another job and file with the Commission, in writing, a report
6of all accidental deaths, injuries and illnesses arising out of
7and in the course of the employment resulting in the loss of
8more than 3 scheduled work days. In the case of death such
9report shall be made no later than 2 working days following the
10accidental death. In all other cases such report shall be made
11between the 15th and 25th of each month unless required to be
12made sooner by rule of the Commission. In case the injury
13results in permanent disability, a further report shall be made
14as soon as it is determined that such permanent disability has
15resulted or will result from the injury. All reports shall
16state the date of the injury, including the time of day or
17night, the nature of the employer's business, the name,
18address, age, sex, conjugal condition of the injured person,
19the specific occupation of the injured person, the direct cause
20of the injury and the nature of the accident, the character of
21the injury, the length of disability, and in case of death the
22length of disability before death, the wages of the injured
23person, whether compensation has been paid to the injured
24person, or to his or her legal representative or his heirs or
25next of kin, the amount of compensation paid, the amount paid
26for physicians', surgeons' and hospital bills, and by whom

 

 

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1paid, and the amount paid for funeral or burial expenses if
2known. The reports shall be made on forms and in the manner as
3prescribed by the Commission and shall contain such further
4information as the Commission shall deem necessary and require.
5The making of these reports releases the employer from making
6such reports to any other officer of the State and shall
7satisfy the reporting provisions as contained in the Safety
8Inspection and Education Act, the "Health and Safety Act, " and
9the Occupational Safety and Health Act "An Act in relation to
10safety inspections and education in industrial and commercial
11establishments and to repeal an Act therein named", approved
12July 18, 1955, as now or hereafter amended. The reports filed
13with the Commission pursuant to this Section shall be made
14available by the Commission to the Director of Labor or his
15representatives and to all other departments of the State of
16Illinois which shall require such information for the proper
17discharge of their official duties. Failure to file with the
18Commission any of the reports required in this Section is a
19petty offense.
20    Except as provided in this paragraph, all reports filed
21hereunder shall be confidential and any person having access to
22such records filed with the Illinois Workers' Compensation
23Commission as herein required, who shall release any
24information therein contained including the names or otherwise
25identify any persons sustaining injuries or disabilities, or
26give access to such information to any unauthorized person,

 

 

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1shall be subject to discipline or discharge, and in addition
2shall be guilty of a Class B misdemeanor. The Commission shall
3compile and distribute to interested persons aggregate
4statistics, taken from the reports filed hereunder. The
5aggregate statistics shall not give the names or otherwise
6identify persons sustaining injuries or disabilities or the
7employer of any injured or disabled person.
8    (c) Notice of the accident shall be given to the employer
9as soon as practicable, but not later than 45 days after the
10accident. Provided:
11    (1) In case of the legal disability of the employee or any
12dependent of a deceased employee who may be entitled to
13compensation under the provisions of this Act, the limitations
14of time by this Act provided do not begin to run against such
15person under legal disability until a guardian has been
16appointed.
17    (2) In cases of injuries sustained by exposure to
18radiological materials or equipment, notice shall be given to
19the employer within 90 days subsequent to the time that the
20employee knows or suspects that he has received an excessive
21dose of radiation.
22    No defect or inaccuracy of such notice shall be a bar to
23the maintenance of proceedings on arbitration or otherwise by
24the employee unless the employer proves that he is unduly
25prejudiced in such proceedings by such defect or inaccuracy.
26    Notice of the accident shall give the approximate date and

 

 

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1place of the accident, if known, and may be given orally or in
2writing.
3    (d) Every employer shall notify each injured employee who
4has been granted compensation under the provisions of Section 8
5of this Act of his rights to rehabilitation services and advise
6him of the locations of available public rehabilitation centers
7and any other such services of which the employer has
8knowledge.
9    In any case, other than one where the injury was caused by
10exposure to radiological materials or equipment or asbestos
11unless the application for compensation is filed with the
12Commission within 3 years after the date of the accident, where
13no compensation has been paid, or within 2 years after the date
14of the last payment of compensation, where any has been paid,
15whichever shall be later, the right to file such application
16shall be barred.
17    In any case of injury caused by exposure to radiological
18materials or equipment or asbestos, unless application for
19compensation is filed with the Commission within 25 years after
20the last day that the employee was employed in an environment
21of hazardous radiological activity or asbestos, the right to
22file such application shall be barred.
23    If in any case except one where the injury was caused by
24exposure to radiological materials or equipment or asbestos,
25the accidental injury results in death application for
26compensation for death may be filed with the Commission within

 

 

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13 years after the date of death where no compensation has been
2paid or within 2 years after the date of the last payment of
3compensation where any has been paid, whichever shall be later,
4but not thereafter.
5    If an accidental injury caused by exposure to radiological
6material or equipment or asbestos results in death within 25
7years after the last day that the employee was so exposed
8application for compensation for death may be filed with the
9Commission within 3 years after the date of death, where no
10compensation has been paid, or within 2 years after the date of
11the last payment of compensation where any has been paid,
12whichever shall be later, but not thereafter.
13    (e) Any contract or agreement made by any employer or his
14agent or attorney with any employee or any other beneficiary of
15any claim under the provisions of this Act within 7 days after
16the injury shall be presumed to be fraudulent.
17    (f) Any condition or impairment of health of an employee
18employed as a firefighter, emergency medical technician (EMT),
19or paramedic which results directly or indirectly from any
20bloodborne pathogen, lung or respiratory disease or condition,
21heart or vascular disease or condition, hypertension,
22tuberculosis, or cancer resulting in any disability
23(temporary, permanent, total, or partial) to the employee shall
24be rebuttably presumed to arise out of and in the course of the
25employee's firefighting, EMT, or paramedic employment and,
26further, shall be rebuttably presumed to be causally connected

 

 

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1to the hazards or exposures of the employment. This presumption
2shall also apply to any hernia or hearing loss suffered by an
3employee employed as a firefighter, EMT, or paramedic. However,
4this presumption shall not apply to any employee who has been
5employed as a firefighter, EMT, or paramedic for less than 5
6years at the time he or she files an Application for Adjustment
7of Claim concerning this condition or impairment with the
8Illinois Workers' Compensation Commission. The rebuttable
9presumption established under this subsection, however, does
10not apply to an emergency medical technician (EMT) or paramedic
11employed by a private employer if the employee spends the
12preponderance of his or her work time for that employer engaged
13in medical transfers between medical care facilities or
14non-emergency medical transfers to or from medical care
15facilities. The changes made to this subsection by this
16amendatory Act of the 98th General Assembly shall be narrowly
17construed. The Finding and Decision of the Illinois Workers'
18Compensation Commission under only the rebuttable presumption
19provision of this subsection shall not be admissible or be
20deemed res judicata in any disability claim under the Illinois
21Pension Code arising out of the same medical condition;
22however, this sentence makes no change to the law set forth in
23Krohe v. City of Bloomington, 204 Ill.2d 392.
24(Source: P.A. 98-291, eff. 1-1-14.)
 
25    (820 ILCS 305/19)  (from Ch. 48, par. 138.19)

 

 

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1    Sec. 19. Any disputed questions of law or fact shall be
2determined as herein provided.
3    (a) It shall be the duty of the Commission upon
4notification that the parties have failed to reach an
5agreement, to designate an Arbitrator.
6        1. Whenever any claimant misconceives his remedy and
7    files an application for adjustment of claim under this Act
8    and it is subsequently discovered, at any time before final
9    disposition of such cause, that the claim for disability or
10    death which was the basis for such application should
11    properly have been made under the Workers' Occupational
12    Diseases Act, then the provisions of Section 19, paragraph
13    (a-1) of the Workers' Occupational Diseases Act having
14    reference to such application shall apply.
15        2. Whenever any claimant misconceives his remedy and
16    files an application for adjustment of claim under the
17    Workers' Occupational Diseases Act and it is subsequently
18    discovered, at any time before final disposition of such
19    cause that the claim for injury or death which was the
20    basis for such application should properly have been made
21    under this Act, then the application so filed under the
22    Workers' Occupational Diseases Act may be amended in form,
23    substance or both to assert claim for such disability or
24    death under this Act and it shall be deemed to have been so
25    filed as amended on the date of the original filing
26    thereof, and such compensation may be awarded as is

 

 

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1    warranted by the whole evidence pursuant to this Act. When
2    such amendment is submitted, further or additional
3    evidence may be heard by the Arbitrator or Commission when
4    deemed necessary. Nothing in this Section contained shall
5    be construed to be or permit a waiver of any provisions of
6    this Act with reference to notice but notice if given shall
7    be deemed to be a notice under the provisions of this Act
8    if given within the time required herein.
9    (b) The Arbitrator shall make such inquiries and
10investigations as he or they shall deem necessary and may
11examine and inspect all books, papers, records, places, or
12premises relating to the questions in dispute and hear such
13proper evidence as the parties may submit.
14    The hearings before the Arbitrator shall be held in the
15vicinity where the injury occurred after 10 days' notice of the
16time and place of such hearing shall have been given to each of
17the parties or their attorneys of record.
18    The Arbitrator may find that the disabling condition is
19temporary and has not yet reached a permanent condition and may
20order the payment of compensation up to the date of the
21hearing, which award shall be reviewable and enforceable in the
22same manner as other awards, and in no instance be a bar to a
23further hearing and determination of a further amount of
24temporary total compensation or of compensation for permanent
25disability, but shall be conclusive as to all other questions
26except the nature and extent of said disability.

 

 

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1    The decision of the Arbitrator shall be filed with the
2Commission which Commission shall immediately send to each
3party or his attorney a copy of such decision, together with a
4notification of the time when it was filed. As of the effective
5date of this amendatory Act of the 94th General Assembly, all
6decisions of the Arbitrator shall set forth in writing findings
7of fact and conclusions of law, separately stated, if requested
8by either party. Unless a petition for review is filed by
9either party within 30 days after the receipt by such party of
10the copy of the decision and notification of time when filed,
11and unless such party petitioning for a review shall within 35
12days after the receipt by him of the copy of the decision, file
13with the Commission either an agreed statement of the facts
14appearing upon the hearing before the Arbitrator, or if such
15party shall so elect a correct transcript of evidence of the
16proceedings at such hearings, then the decision shall become
17the decision of the Commission and in the absence of fraud
18shall be conclusive. The Petition for Review shall contain a
19statement of the petitioning party's specific exceptions to the
20decision of the arbitrator. The jurisdiction of the Commission
21to review the decision of the arbitrator shall not be limited
22to the exceptions stated in the Petition for Review. The
23Commission, or any member thereof, may grant further time not
24exceeding 30 days, in which to file such agreed statement or
25transcript of evidence. Such agreed statement of facts or
26correct transcript of evidence, as the case may be, shall be

 

 

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1authenticated by the signatures of the parties or their
2attorneys, and in the event they do not agree as to the
3correctness of the transcript of evidence it shall be
4authenticated by the signature of the Arbitrator designated by
5the Commission.
6    Whether the employee is working or not, if the employee is
7not receiving or has not received medical, surgical, or
8hospital services or other services or compensation as provided
9in paragraph (a) of Section 8, or compensation as provided in
10paragraph (b) of Section 8, the employee may at any time
11petition for an expedited hearing by an Arbitrator on the issue
12of whether or not he or she is entitled to receive payment of
13the services or compensation. Provided the employer continues
14to pay compensation pursuant to paragraph (b) of Section 8, the
15employer may at any time petition for an expedited hearing on
16the issue of whether or not the employee is entitled to receive
17medical, surgical, or hospital services or other services or
18compensation as provided in paragraph (a) of Section 8, or
19compensation as provided in paragraph (b) of Section 8. When an
20employer has petitioned for an expedited hearing, the employer
21shall continue to pay compensation as provided in paragraph (b)
22of Section 8 unless the arbitrator renders a decision that the
23employee is not entitled to the benefits that are the subject
24of the expedited hearing or unless the employee's treating
25physician has released the employee to return to work at his or
26her regular job with the employer or the employee actually

 

 

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1returns to work at any other job. If the arbitrator renders a
2decision that the employee is not entitled to the benefits that
3are the subject of the expedited hearing, a petition for review
4filed by the employee shall receive the same priority as if the
5employee had filed a petition for an expedited hearing by an
6Arbitrator. Neither party shall be entitled to an expedited
7hearing when the employee has returned to work and the sole
8issue in dispute amounts to less than 12 weeks of unpaid
9compensation pursuant to paragraph (b) of Section 8.
10    Expedited hearings shall have priority over all other
11petitions and shall be heard by the Arbitrator and Commission
12with all convenient speed. Any party requesting an expedited
13hearing shall give notice of a request for an expedited hearing
14under this paragraph. A copy of the Application for Adjustment
15of Claim shall be attached to the notice. The Commission shall
16adopt rules and procedures under which the final decision of
17the Commission under this paragraph is filed not later than 180
18days from the date that the Petition for Review is filed with
19the Commission.
20    Where 2 or more insurance carriers, private self-insureds,
21or a group workers' compensation pool under Article V 3/4 of
22the Illinois Insurance Code dispute coverage for the same
23injury, any such insurance carrier, private self-insured, or
24group workers' compensation pool may request an expedited
25hearing pursuant to this paragraph to determine the issue of
26coverage, provided coverage is the only issue in dispute and

 

 

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1all other issues are stipulated and agreed to and further
2provided that all compensation benefits including medical
3benefits pursuant to Section 8(a) continue to be paid to or on
4behalf of petitioner. Any insurance carrier, private
5self-insured, or group workers' compensation pool that is
6determined to be liable for coverage for the injury in issue
7shall reimburse any insurance carrier, private self-insured,
8or group workers' compensation pool that has paid benefits to
9or on behalf of petitioner for the injury.
10    (b-1) If the employee is not receiving medical, surgical or
11hospital services as provided in paragraph (a) of Section 8 or
12compensation as provided in paragraph (b) of Section 8, the
13employee, in accordance with Commission Rules, may file a
14petition for an emergency hearing by an Arbitrator on the issue
15of whether or not he is entitled to receive payment of such
16compensation or services as provided therein. Such petition
17shall have priority over all other petitions and shall be heard
18by the Arbitrator and Commission with all convenient speed.
19    Such petition shall contain the following information and
20shall be served on the employer at least 15 days before it is
21filed:
22        (i) the date and approximate time of accident;
23        (ii) the approximate location of the accident;
24        (iii) a description of the accident;
25        (iv) the nature of the injury incurred by the employee;
26        (v) the identity of the person, if known, to whom the

 

 

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1    accident was reported and the date on which it was
2    reported;
3        (vi) the name and title of the person, if known,
4    representing the employer with whom the employee conferred
5    in any effort to obtain compensation pursuant to paragraph
6    (b) of Section 8 of this Act or medical, surgical or
7    hospital services pursuant to paragraph (a) of Section 8 of
8    this Act and the date of such conference;
9        (vii) a statement that the employer has refused to pay
10    compensation pursuant to paragraph (b) of Section 8 of this
11    Act or for medical, surgical or hospital services pursuant
12    to paragraph (a) of Section 8 of this Act;
13        (viii) the name and address, if known, of each witness
14    to the accident and of each other person upon whom the
15    employee will rely to support his allegations;
16        (ix) the dates of treatment related to the accident by
17    medical practitioners, and the names and addresses of such
18    practitioners, including the dates of treatment related to
19    the accident at any hospitals and the names and addresses
20    of such hospitals, and a signed authorization permitting
21    the employer to examine all medical records of all
22    practitioners and hospitals named pursuant to this
23    paragraph;
24        (x) a copy of a signed report by a medical
25    practitioner, relating to the employee's current inability
26    to return to work because of the injuries incurred as a

 

 

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1    result of the accident or such other documents or
2    affidavits which show that the employee is entitled to
3    receive compensation pursuant to paragraph (b) of Section 8
4    of this Act or medical, surgical or hospital services
5    pursuant to paragraph (a) of Section 8 of this Act. Such
6    reports, documents or affidavits shall state, if possible,
7    the history of the accident given by the employee, and
8    describe the injury and medical diagnosis, the medical
9    services for such injury which the employee has received
10    and is receiving, the physical activities which the
11    employee cannot currently perform as a result of any
12    impairment or disability due to such injury, and the
13    prognosis for recovery;
14        (xi) complete copies of any reports, records,
15    documents and affidavits in the possession of the employee
16    on which the employee will rely to support his allegations,
17    provided that the employer shall pay the reasonable cost of
18    reproduction thereof;
19        (xii) a list of any reports, records, documents and
20    affidavits which the employee has demanded by subpoena and
21    on which he intends to rely to support his allegations;
22        (xiii) a certification signed by the employee or his
23    representative that the employer has received the petition
24    with the required information 15 days before filing.
25    Fifteen days after receipt by the employer of the petition
26with the required information the employee may file said

 

 

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1petition and required information and shall serve notice of the
2filing upon the employer. The employer may file a motion
3addressed to the sufficiency of the petition. If an objection
4has been filed to the sufficiency of the petition, the
5arbitrator shall rule on the objection within 2 working days.
6If such an objection is filed, the time for filing the final
7decision of the Commission as provided in this paragraph shall
8be tolled until the arbitrator has determined that the petition
9is sufficient.
10    The employer shall, within 15 days after receipt of the
11notice that such petition is filed, file with the Commission
12and serve on the employee or his representative a written
13response to each claim set forth in the petition, including the
14legal and factual basis for each disputed allegation and the
15following information: (i) complete copies of any reports,
16records, documents and affidavits in the possession of the
17employer on which the employer intends to rely in support of
18his response, (ii) a list of any reports, records, documents
19and affidavits which the employer has demanded by subpoena and
20on which the employer intends to rely in support of his
21response, (iii) the name and address of each witness on whom
22the employer will rely to support his response, and (iv) the
23names and addresses of any medical practitioners selected by
24the employer pursuant to Section 12 of this Act and the time
25and place of any examination scheduled to be made pursuant to
26such Section.

 

 

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1    Any employer who does not timely file and serve a written
2response without good cause may not introduce any evidence to
3dispute any claim of the employee but may cross examine the
4employee or any witness brought by the employee and otherwise
5be heard.
6    No document or other evidence not previously identified by
7either party with the petition or written response, or by any
8other means before the hearing, may be introduced into evidence
9without good cause. If, at the hearing, material information is
10discovered which was not previously disclosed, the Arbitrator
11may extend the time for closing proof on the motion of a party
12for a reasonable period of time which may be more than 30 days.
13No evidence may be introduced pursuant to this paragraph as to
14permanent disability. No award may be entered for permanent
15disability pursuant to this paragraph. Either party may
16introduce into evidence the testimony taken by deposition of
17any medical practitioner.
18    The Commission shall adopt rules, regulations and
19procedures whereby the final decision of the Commission is
20filed not later than 90 days from the date the petition for
21review is filed but in no event later than 180 days from the
22date the petition for an emergency hearing is filed with the
23Illinois Workers' Compensation Commission.
24    All service required pursuant to this paragraph (b-1) must
25be by personal service or by certified mail and with evidence
26of receipt. In addition for the purposes of this paragraph, all

 

 

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1service on the employer must be at the premises where the
2accident occurred if the premises are owned or operated by the
3employer. Otherwise service must be at the employee's principal
4place of employment by the employer. If service on the employer
5is not possible at either of the above, then service shall be
6at the employer's principal place of business. After initial
7service in each case, service shall be made on the employer's
8attorney or designated representative.
9    (c)(1) At a reasonable time in advance of and in connection
10with the hearing under Section 19(e) or 19(h), the Commission
11may on its own motion order an impartial physical or mental
12examination of a petitioner whose mental or physical condition
13is in issue, when in the Commission's discretion it appears
14that such an examination will materially aid in the just
15determination of the case. The examination shall be made by a
16member or members of a panel of physicians chosen for their
17special qualifications by the Illinois State Medical Society.
18The Commission shall establish procedures by which a physician
19shall be selected from such list.
20    (2) Should the Commission at any time during the hearing
21find that compelling considerations make it advisable to have
22an examination and report at that time, the commission may in
23its discretion so order.
24    (3) A copy of the report of examination shall be given to
25the Commission and to the attorneys for the parties.
26    (4) Either party or the Commission may call the examining

 

 

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1physician or physicians to testify. Any physician so called
2shall be subject to cross-examination.
3    (5) The examination shall be made, and the physician or
4physicians, if called, shall testify, without cost to the
5parties. The Commission shall determine the compensation and
6the pay of the physician or physicians. The compensation for
7this service shall not exceed the usual and customary amount
8for such service.
9    (6) The fees and payment thereof of all attorneys and
10physicians for services authorized by the Commission under this
11Act shall, upon request of either the employer or the employee
12or the beneficiary affected, be subject to the review and
13decision of the Commission.
14    (d) If any employee shall persist in insanitary or
15injurious practices which tend to either imperil or retard his
16recovery or shall refuse to submit to such medical, surgical,
17or hospital treatment as is reasonably essential to promote his
18recovery, the Commission may, in its discretion, reduce or
19suspend the compensation of any such injured employee. However,
20when an employer and employee so agree in writing, the
21foregoing provision shall not be construed to authorize the
22reduction or suspension of compensation of an employee who is
23relying in good faith, on treatment by prayer or spiritual
24means alone, in accordance with the tenets and practice of a
25recognized church or religious denomination, by a duly
26accredited practitioner thereof.

 

 

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1    (e) This paragraph shall apply to all hearings before the
2Commission. Such hearings may be held in its office or
3elsewhere as the Commission may deem advisable. The taking of
4testimony on such hearings may be had before any member of the
5Commission. If a petition for review and agreed statement of
6facts or transcript of evidence is filed, as provided herein,
7the Commission shall promptly review the decision of the
8Arbitrator and all questions of law or fact which appear from
9the statement of facts or transcript of evidence.
10    In all cases in which the hearing before the arbitrator is
11held after December 18, 1989, no additional evidence shall be
12introduced by the parties before the Commission on review of
13the decision of the Arbitrator. In reviewing decisions of an
14arbitrator the Commission shall award such temporary
15compensation, permanent compensation and other payments as are
16due under this Act. The Commission shall file in its office its
17decision thereon, and shall immediately send to each party or
18his attorney a copy of such decision and a notification of the
19time when it was filed. Decisions shall be filed within 60 days
20after the Statement of Exceptions and Supporting Brief and
21Response thereto are required to be filed or oral argument
22whichever is later.
23    In the event either party requests oral argument, such
24argument shall be had before a panel of 3 members of the
25Commission (or before all available members pursuant to the
26determination of 7 members of the Commission that such argument

 

 

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1be held before all available members of the Commission)
2pursuant to the rules and regulations of the Commission. A
3panel of 3 members, which shall be comprised of not more than
4one representative citizen of the employing class and not more
5than one representative citizen of the employee class, shall
6hear the argument; provided that if all the issues in dispute
7are solely the nature and extent of the permanent partial
8disability, if any, a majority of the panel may deny the
9request for such argument and such argument shall not be held;
10and provided further that 7 members of the Commission may
11determine that the argument be held before all available
12members of the Commission. A decision of the Commission shall
13be approved by a majority of Commissioners present at such
14hearing if any; provided, if no such hearing is held, a
15decision of the Commission shall be approved by a majority of a
16panel of 3 members of the Commission as described in this
17Section. The Commission shall give 10 days' notice to the
18parties or their attorneys of the time and place of such taking
19of testimony and of such argument.
20    In any case the Commission in its decision may find
21specially upon any question or questions of law or fact which
22shall be submitted in writing by either party whether ultimate
23or otherwise; provided that on issues other than nature and
24extent of the disability, if any, the Commission in its
25decision shall find specially upon any question or questions of
26law or fact, whether ultimate or otherwise, which are submitted

 

 

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1in writing by either party; provided further that not more than
25 such questions may be submitted by either party. Any party
3may, within 20 days after receipt of notice of the Commission's
4decision, or within such further time, not exceeding 30 days,
5as the Commission may grant, file with the Commission either an
6agreed statement of the facts appearing upon the hearing, or,
7if such party shall so elect, a correct transcript of evidence
8of the additional proceedings presented before the Commission,
9in which report the party may embody a correct statement of
10such other proceedings in the case as such party may desire to
11have reviewed, such statement of facts or transcript of
12evidence to be authenticated by the signature of the parties or
13their attorneys, and in the event that they do not agree, then
14the authentication of such transcript of evidence shall be by
15the signature of any member of the Commission.
16    If a reporter does not for any reason furnish a transcript
17of the proceedings before the Arbitrator in any case for use on
18a hearing for review before the Commission, within the
19limitations of time as fixed in this Section, the Commission
20may, in its discretion, order a trial de novo before the
21Commission in such case upon application of either party. The
22applications for adjustment of claim and other documents in the
23nature of pleadings filed by either party, together with the
24decisions of the Arbitrator and of the Commission and the
25statement of facts or transcript of evidence hereinbefore
26provided for in paragraphs (b) and (c) shall be the record of

 

 

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1the proceedings of the Commission, and shall be subject to
2review as hereinafter provided.
3    At the request of either party or on its own motion, the
4Commission shall set forth in writing the reasons for the
5decision, including findings of fact and conclusions of law
6separately stated. The Commission shall by rule adopt a format
7for written decisions for the Commission and arbitrators. The
8written decisions shall be concise and shall succinctly state
9the facts and reasons for the decision. The Commission may
10adopt in whole or in part, the decision of the arbitrator as
11the decision of the Commission. When the Commission does so
12adopt the decision of the arbitrator, it shall do so by order.
13Whenever the Commission adopts part of the arbitrator's
14decision, but not all, it shall include in the order the
15reasons for not adopting all of the arbitrator's decision. When
16a majority of a panel, after deliberation, has arrived at its
17decision, the decision shall be filed as provided in this
18Section without unnecessary delay, and without regard to the
19fact that a member of the panel has expressed an intention to
20dissent. Any member of the panel may file a dissent. Any
21dissent shall be filed no later than 10 days after the decision
22of the majority has been filed.
23    Decisions rendered by the Commission and dissents, if any,
24shall be published together by the Commission. The conclusions
25of law set out in such decisions shall be regarded as
26precedents by arbitrators for the purpose of achieving a more

 

 

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1uniform administration of this Act.
2    (f) The decision of the Commission acting within its
3powers, according to the provisions of paragraph (e) of this
4Section shall, in the absence of fraud, be conclusive unless
5reviewed as in this paragraph hereinafter provided. However,
6the Arbitrator or the Commission may on his or its own motion,
7or on the motion of either party, correct any clerical error or
8errors in computation within 15 days after the date of receipt
9of any award by such Arbitrator or any decision on review of
10the Commission and shall have the power to recall the original
11award on arbitration or decision on review, and issue in lieu
12thereof such corrected award or decision. Where such correction
13is made the time for review herein specified shall begin to run
14from the date of the receipt of the corrected award or
15decision.
16        (1) Except in cases of claims against the State of
17    Illinois other than those claims under Section 18.1, in
18    which case the decision of the Commission shall not be
19    subject to judicial review, the Circuit Court of the county
20    where any of the parties defendant may be found, or if none
21    of the parties defendant can be found in this State then
22    the Circuit Court of the county where the accident
23    occurred, shall by summons to the Commission have power to
24    review all questions of law and fact presented by such
25    record.
26        A proceeding for review shall be commenced within 20

 

 

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1    days of the receipt of notice of the decision of the
2    Commission. The summons shall be issued by the clerk of
3    such court upon written request returnable on a designated
4    return day, not less than 10 or more than 60 days from the
5    date of issuance thereof, and the written request shall
6    contain the last known address of other parties in interest
7    and their attorneys of record who are to be served by
8    summons. Service upon any member of the Commission or the
9    Secretary or the Assistant Secretary thereof shall be
10    service upon the Commission, and service upon other parties
11    in interest and their attorneys of record shall be by
12    summons, and such service shall be made upon the Commission
13    and other parties in interest by mailing notices of the
14    commencement of the proceedings and the return day of the
15    summons to the office of the Commission and to the last
16    known place of residence of other parties in interest or
17    their attorney or attorneys of record. The clerk of the
18    court issuing the summons shall on the day of issue mail
19    notice of the commencement of the proceedings which shall
20    be done by mailing a copy of the summons to the office of
21    the Commission, and a copy of the summons to the other
22    parties in interest or their attorney or attorneys of
23    record and the clerk of the court shall make certificate
24    that he has so sent said notices in pursuance of this
25    Section, which shall be evidence of service on the
26    Commission and other parties in interest.

 

 

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1        The Commission shall not be required to certify the
2    record of their proceedings to the Circuit Court, unless
3    the party commencing the proceedings for review in the
4    Circuit Court as above provided, shall file with the
5    Commission notice of intent to file for review in Circuit
6    Court. It shall be the duty of the Commission upon such
7    filing of notice of intent to file for review in the
8    Circuit Court to prepare a true and correct copy of such
9    testimony and a true and correct copy of all other matters
10    contained in such record and certified to by the Secretary
11    or Assistant Secretary thereof. The changes made to this
12    subdivision (f)(1) by this amendatory Act of the 98th
13    General Assembly apply to any Commission decision entered
14    after the effective date of this amendatory Act of the 98th
15    General Assembly.
16        No request for a summons may be filed and no summons
17    shall issue unless the party seeking to review the decision
18    of the Commission shall exhibit to the clerk of the Circuit
19    Court proof of filing with the Commission of the notice of
20    the intent to file for review in the Circuit Court or an
21    affidavit of the attorney setting forth that notice of
22    intent to file for review in the Circuit Court has been
23    given in writing to the Secretary or Assistant Secretary of
24    the Commission.
25        (2) No such summons shall issue unless the one against
26    whom the Commission shall have rendered an award for the

 

 

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1    payment of money shall upon the filing of his written
2    request for such summons file with the clerk of the court a
3    bond conditioned that if he shall not successfully
4    prosecute the review, he will pay the award and the costs
5    of the proceedings in the courts. The amount of the bond
6    shall be fixed by any member of the Commission and the
7    surety or sureties of the bond shall be approved by the
8    clerk of the court. The acceptance of the bond by the clerk
9    of the court shall constitute evidence of his approval of
10    the bond.
11        Every county, city, town, township, incorporated
12    village, school district, body politic or municipal
13    corporation against whom the Commission shall have
14    rendered an award for the payment of money shall not be
15    required to file a bond to secure the payment of the award
16    and the costs of the proceedings in the court to authorize
17    the court to issue such summons.
18        The court may confirm or set aside the decision of the
19    Commission. If the decision is set aside and the facts
20    found in the proceedings before the Commission are
21    sufficient, the court may enter such decision as is
22    justified by law, or may remand the cause to the Commission
23    for further proceedings and may state the questions
24    requiring further hearing, and give such other
25    instructions as may be proper. Appeals shall be taken to
26    the Appellate Court in accordance with Supreme Court Rules

 

 

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1    22(g) and 303. Appeals shall be taken from the Appellate
2    Court to the Supreme Court in accordance with Supreme Court
3    Rule 315.
4        It shall be the duty of the clerk of any court
5    rendering a decision affecting or affirming an award of the
6    Commission to promptly furnish the Commission with a copy
7    of such decision, without charge.
8        The decision of a majority of the members of the panel
9    of the Commission, shall be considered the decision of the
10    Commission.
11    (g) Except in the case of a claim against the State of
12Illinois, either party may present a certified copy of the
13award of the Arbitrator, or a certified copy of the decision of
14the Commission when the same has become final, when no
15proceedings for review are pending, providing for the payment
16of compensation according to this Act, to the Circuit Court of
17the county in which such accident occurred or either of the
18parties are residents, whereupon the court shall enter a
19judgment in accordance therewith. In a case where the employer
20refuses to pay compensation according to such final award or
21such final decision upon which such judgment is entered the
22court shall in entering judgment thereon, tax as costs against
23him the reasonable costs and attorney fees in the arbitration
24proceedings and in the court entering the judgment for the
25person in whose favor the judgment is entered, which judgment
26and costs taxed as therein provided shall, until and unless set

 

 

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1aside, have the same effect as though duly entered in an action
2duly tried and determined by the court, and shall with like
3effect, be entered and docketed. The Circuit Court shall have
4power at any time upon application to make any such judgment
5conform to any modification required by any subsequent decision
6of the Supreme Court upon appeal, or as the result of any
7subsequent proceedings for review, as provided in this Act.
8    Judgment shall not be entered until 15 days' notice of the
9time and place of the application for the entry of judgment
10shall be served upon the employer by filing such notice with
11the Commission, which Commission shall, in case it has on file
12the address of the employer or the name and address of its
13agent upon whom notices may be served, immediately send a copy
14of the notice to the employer or such designated agent.
15    (h) An agreement or award under this Act providing for
16compensation in installments, may at any time within 18 months
17after such agreement or award be reviewed by the Commission at
18the request of either the employer or the employee, on the
19ground that the disability of the employee has subsequently
20recurred, increased, diminished or ended.
21    However, as to accidents occurring subsequent to July 1,
221955, which are covered by any agreement or award under this
23Act providing for compensation in installments made as a result
24of such accident, such agreement or award may at any time
25within 30 months, or 60 months in the case of an award under
26Section 8(d)1, after such agreement or award be reviewed by the

 

 

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1Commission at the request of either the employer or the
2employee on the ground that the disability of the employee has
3subsequently recurred, increased, diminished or ended.
4    On such review, compensation payments may be
5re-established, increased, diminished or ended. The Commission
6shall give 15 days' notice to the parties of the hearing for
7review. Any employee, upon any petition for such review being
8filed by the employer, shall be entitled to one day's notice
9for each 100 miles necessary to be traveled by him in attending
10the hearing of the Commission upon the petition, and 3 days in
11addition thereto. Such employee shall, at the discretion of the
12Commission, also be entitled to 5 cents per mile necessarily
13traveled by him within the State of Illinois in attending such
14hearing, not to exceed a distance of 300 miles, to be taxed by
15the Commission as costs and deposited with the petition of the
16employer.
17    When compensation which is payable in accordance with an
18award or settlement contract approved by the Commission, is
19ordered paid in a lump sum by the Commission, no review shall
20be had as in this paragraph mentioned.
21    (i) Each party, upon taking any proceedings or steps
22whatsoever before any Arbitrator, Commission or court, shall
23file with the Commission his address, or the name and address
24of any agent upon whom all notices to be given to such party
25shall be served, either personally or by registered mail,
26addressed to such party or agent at the last address so filed

 

 

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1with the Commission. In the event such party has not filed his
2address, or the name and address of an agent as above provided,
3service of any notice may be had by filing such notice with the
4Commission.
5    (j) Whenever in any proceeding testimony has been taken or
6a final decision has been rendered and after the taking of such
7testimony or after such decision has become final, the injured
8employee dies, then in any subsequent proceedings brought by
9the personal representative or beneficiaries of the deceased
10employee, such testimony in the former proceeding may be
11introduced with the same force and effect as though the witness
12having so testified were present in person in such subsequent
13proceedings and such final decision, if any, shall be taken as
14final adjudication of any of the issues which are the same in
15both proceedings.
16    (k) In case where there has been any unreasonable or
17vexatious delay of payment or intentional underpayment of
18compensation, or proceedings have been instituted or carried on
19by the one liable to pay the compensation, which do not present
20a real controversy, but are merely frivolous or for delay, then
21the Commission may award compensation additional to that
22otherwise payable under this Act equal to 50% of the amount
23payable at the time of such award. Failure to pay compensation
24in accordance with the provisions of Section 8, paragraph (b)
25of this Act, shall be considered unreasonable delay.
26    When determining whether this subsection (k) shall apply,

 

 

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1the Commission shall consider whether an Arbitrator has
2determined that the claim is not compensable or whether the
3employer has made payments under Section 8(j).
4    (l) If the employee has made written demand for payment of
5benefits under Section 8(a) or Section 8(b), the employer shall
6have 14 days after receipt of the demand to set forth in
7writing the reason for the delay. In the case of demand for
8payment of medical benefits under Section 8(a), the time for
9the employer to respond shall not commence until the expiration
10of the allotted 30 days specified under Section 8.2(d). In case
11the employer or his or her insurance carrier shall without good
12and just cause fail, neglect, refuse, or unreasonably delay the
13payment of benefits under Section 8(a) or Section 8(b), the
14Arbitrator or the Commission shall allow to the employee
15additional compensation in the sum of $30 per day for each day
16that the benefits under Section 8(a) or Section 8(b) have been
17so withheld or refused, not to exceed $10,000. A delay in
18payment of 14 days or more shall create a rebuttable
19presumption of unreasonable delay.
20    (m) If the commission finds that an accidental injury was
21directly and proximately caused by the employer's wilful
22violation of a health and safety standard under the Health and
23Safety Act or the Occupational Safety and Health Act in force
24at the time of the accident, the arbitrator or the Commission
25shall allow to the injured employee or his dependents, as the
26case may be, additional compensation equal to 25% of the amount

 

 

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1which otherwise would be payable under the provisions of this
2Act exclusive of this paragraph. The additional compensation
3herein provided shall be allowed by an appropriate increase in
4the applicable weekly compensation rate.
5    (n) After June 30, 1984, decisions of the Illinois Workers'
6Compensation Commission reviewing an award of an arbitrator of
7the Commission shall draw interest at a rate equal to the yield
8on indebtedness issued by the United States Government with a
926-week maturity next previously auctioned on the day on which
10the decision is filed. Said rate of interest shall be set forth
11in the Arbitrator's Decision. Interest shall be drawn from the
12date of the arbitrator's award on all accrued compensation due
13the employee through the day prior to the date of payments.
14However, when an employee appeals an award of an Arbitrator or
15the Commission, and the appeal results in no change or a
16decrease in the award, interest shall not further accrue from
17the date of such appeal.
18    The employer or his insurance carrier may tender the
19payments due under the award to stop the further accrual of
20interest on such award notwithstanding the prosecution by
21either party of review, certiorari, appeal to the Supreme Court
22or other steps to reverse, vacate or modify the award.
23    (o) By the 15th day of each month each insurer providing
24coverage for losses under this Act shall notify each insured
25employer of any compensable claim incurred during the preceding
26month and the amounts paid or reserved on the claim including a

 

 

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1summary of the claim and a brief statement of the reasons for
2compensability. A cumulative report of all claims incurred
3during a calendar year or continued from the previous year
4shall be furnished to the insured employer by the insurer
5within 30 days after the end of that calendar year.
6    The insured employer may challenge, in proceeding before
7the Commission, payments made by the insurer without
8arbitration and payments made after a case is determined to be
9noncompensable. If the Commission finds that the case was not
10compensable, the insurer shall purge its records as to that
11employer of any loss or expense associated with the claim,
12reimburse the employer for attorneys' fees arising from the
13challenge and for any payment required of the employer to the
14Rate Adjustment Fund or the Second Injury Fund, and may not
15reflect the loss or expense for rate making purposes. The
16employee shall not be required to refund the challenged
17payment. The decision of the Commission may be reviewed in the
18same manner as in arbitrated cases. No challenge may be
19initiated under this paragraph more than 3 years after the
20payment is made. An employer may waive the right of challenge
21under this paragraph on a case by case basis.
22    (p) After filing an application for adjustment of claim but
23prior to the hearing on arbitration the parties may voluntarily
24agree to submit such application for adjustment of claim for
25decision by an arbitrator under this subsection (p) where such
26application for adjustment of claim raises only a dispute over

 

 

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1temporary total disability, permanent partial disability or
2medical expenses. Such agreement shall be in writing in such
3form as provided by the Commission. Applications for adjustment
4of claim submitted for decision by an arbitrator under this
5subsection (p) shall proceed according to rule as established
6by the Commission. The Commission shall promulgate rules
7including, but not limited to, rules to ensure that the parties
8are adequately informed of their rights under this subsection
9(p) and of the voluntary nature of proceedings under this
10subsection (p). The findings of fact made by an arbitrator
11acting within his or her powers under this subsection (p) in
12the absence of fraud shall be conclusive. However, the
13arbitrator may on his own motion, or the motion of either
14party, correct any clerical errors or errors in computation
15within 15 days after the date of receipt of such award of the
16arbitrator and shall have the power to recall the original
17award on arbitration, and issue in lieu thereof such corrected
18award. The decision of the arbitrator under this subsection (p)
19shall be considered the decision of the Commission and
20proceedings for review of questions of law arising from the
21decision may be commenced by either party pursuant to
22subsection (f) of Section 19. The Advisory Board established
23under Section 13.1 shall compile a list of certified Commission
24arbitrators, each of whom shall be approved by at least 7
25members of the Advisory Board. The chairman shall select 5
26persons from such list to serve as arbitrators under this

 

 

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1subsection (p). By agreement, the parties shall select one
2arbitrator from among the 5 persons selected by the chairman
3except that if the parties do not agree on an arbitrator from
4among the 5 persons, the parties may, by agreement, select an
5arbitrator of the American Arbitration Association, whose fee
6shall be paid by the State in accordance with rules promulgated
7by the Commission. Arbitration under this subsection (p) shall
8be voluntary.
9(Source: P.A. 97-18, eff. 6-28-11; 98-40, eff. 6-28-13.)
 
10    Section 925. The Workers' Occupational Diseases Act is
11amended by changing Sections 3 and 6 as follows:
 
12    (820 ILCS 310/3)  (from Ch. 48, par. 172.38)
13    Sec. 3. Where an employee in this State sustains injury to
14health or death by reason of a disease contracted or sustained
15in the course of the employment and proximately caused by the
16negligence of the employer, unless such employer shall be
17subject to this Act under the provisions of paragraph (a) of
18Section 2 of this Act or shall have elected to provide and pay
19compensation as provided in Section 2 of this Act, a right of
20action shall accrue to the employee whose health has been so
21injured for any damages sustained thereby; and in case of
22death, a right of action shall accrue to the widow or widower
23of such deceased person, his or her lineal heirs or adopted
24children, or to any person or persons who were, before such

 

 

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1loss of life, dependent for support upon such deceased person,
2for a like recovery of damages for the injury sustained by
3reason of such death not to exceed the sum of $10,000.
4Violation by any employer of any effective rule or rules made
5by the Illinois Workers' Compensation Commission pursuant to
6the "Health and Safety Act or the Occupational Safety and
7Health Act ", approved March 16, 1936, as amended, or violation
8by the employer of any statute of this State, intended for the
9protection of the health of employees shall be and constitute
10negligence of the employer within the meaning of this Section.
11Every such action for damage for injury to the health shall be
12commenced within 3 years after the last day of the last
13exposure to the hazards of the disease and every such action
14for damages in case of death shall be commenced within one year
15after the death of such employee and within 5 years after the
16last day of the last exposure to the hazards of the disease
17except where the disease is caused by atomic radiation, in
18which case, every action for damages for injury to health shall
19be commenced within 15 years after the last day of last
20exposure to the hazard of such disease and every action for
21damages in case of death shall be commenced within one year
22after the death of such employee and within 15 years after last
23exposure to the hazards of the disease. In any action to
24recover damages under this Section, it shall not be a defense
25that the employee either expressly or impliedly assumed the
26risk of the employment, or that the contraction or sustaining

 

 

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1of the disease or death was caused in whole or in part by the
2negligence of a fellow servant or fellow servants, or that the
3contraction or sustaining of the disease or death resulting was
4caused in whole or in part by the contributory negligence of
5the employee, where such contributory negligence was not
6wilful.
7(Source: P.A. 93-721, eff. 1-1-05.)
 
8    (820 ILCS 310/6)  (from Ch. 48, par. 172.41)
9    Sec. 6. (a) Every employer operating under the compensation
10provisions of this Act, shall post printed notices in their
11respective places of employment in conspicuous places and in
12such number and at such places as may be determined by the
13Commission, containing such information relative to this Act as
14in the judgment of the Commission may be necessary to aid
15employees to safeguard their rights under this Act.
16    In addition thereto, the employer shall post in a
17conspicuous place on the premises of the employment a printed
18or typewritten notice stating whether he is insured or whether
19he has qualified and is operating as a self-insured employer.
20In the event the employer is insured, the notice shall state
21the name and address of his or her insurance carrier, the
22number of the insurance policy, its effective date and the date
23of termination. In the event of the termination of the policy
24for any reason prior to the termination date stated, the posted
25notice shall promptly be corrected accordingly. In the event

 

 

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1the employer is operating as a self-insured employer the notice
2shall state the name and address of the company, if any,
3servicing the compensation payments of the employer, and the
4name and address of the person in charge of making compensation
5payments.
6    (b) Every employer subject to this Act shall maintain
7accurate records of work-related deaths, injuries and
8illnesses other than minor injuries requiring only first aid
9treatment and which do not involve medical treatment, loss of
10consciousness, restriction of work or motion or transfer to
11another job and file with the Illinois Workers' Compensation
12Commission, in writing, a report of all occupational diseases
13arising out of and in the course of the employment and
14resulting in death, or disablement or illness resulting in the
15loss of more than 3 scheduled work days. In the case of death
16such report shall be made no later than 2 working days
17following the occupational death. In all other cases such
18report shall be made between the 15th and 25th of each month
19unless required to be made sooner by rule of the Illinois
20Workers' Compensation Commission. In case the occupational
21disease results in permanent disability, a further report shall
22be made as soon as it is determined that such permanent
23disability has resulted or will result therefrom. All reports
24shall state the date of the disablement, the nature of the
25employer's business, the name, address, the age, sex, conjugal
26condition of the disabled person, the specific occupation of

 

 

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1the person, the nature and character of the occupational
2disease, the length of disability, and, in case of death, the
3length of disability before death, the wages of the employee,
4whether compensation has been paid to the employee, or to his
5legal representative or his heirs or next of kin, the amount of
6compensation paid, the amount paid for physicians', surgeons'
7and hospital bills, and by whom paid, and the amount paid for
8funeral or burial expenses, if known. The reports shall be made
9on forms and in the manner as prescribed by the Illinois
10Workers' Compensation Commission and shall contain such
11further information as the Commission shall deem necessary and
12require. The making of such reports releases the employer from
13making such reports to any other officer of the State and shall
14satisfy the reporting provisions as contained in the Safety
15Inspection and Education Act, the "Health And Safety Act, " and
16the Occupational Safety and Health Act "An Act in relation to
17safety inspections and education in industrial and commercial
18establishments and to repeal an Act therein named", approved
19July 18, 1955, as amended. The report filed with the Illinois
20Workers' Compensation Commission pursuant to the provisions of
21this Section shall be made available by the Illinois Workers'
22Compensation Commission to the Director of Labor or his
23representatives, to the Department of Public Health pursuant to
24the Illinois Health and Hazardous Substances Registry Act, and
25to all other departments of the State of Illinois which shall
26require such information for the proper discharge of their

 

 

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1official duties. Failure to file with the Commission any of the
2reports required in this Section is a petty offense.
3    Except as provided in this paragraph, all reports filed
4hereunder shall be confidential and any person having access to
5such records filed with the Illinois Workers' Compensation
6Commission as herein required, who shall release the names or
7otherwise identify any persons sustaining injuries or
8disabilities, or gives access to such information to any
9unauthorized person, shall be subject to discipline or
10discharge, and in addition shall be guilty of a Class B
11misdemeanor. The Commission shall compile and distribute to
12interested persons aggregate statistics, taken from the
13reports filed hereunder. The aggregate statistics shall not
14give the names or otherwise identify persons sustaining
15injuries or disabilities or the employer of any injured or
16disabled person.
17    (c) There shall be given notice to the employer of
18disablement arising from an occupational disease as soon as
19practicable after the date of the disablement. If the
20Commission shall find that the failure to give such notice
21substantially prejudices the rights of the employer the
22Commission in its discretion may order that the right of the
23employee to proceed under this Act shall be barred.
24    In case of legal disability of the employee or any
25dependent of a deceased employee who may be entitled to
26compensation, under the provisions of this Act, the limitations

 

 

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1of time in this Section of this Act provided shall not begin to
2run against such person who is under legal disability until a
3conservator or guardian has been appointed. No defect or
4inaccuracy of such notice shall be a bar to the maintenance of
5proceedings on arbitration or otherwise by the employee unless
6the employer proves that he or she is unduly prejudiced in such
7proceedings by such defect or inaccuracy. Notice of the
8disabling disease may be given orally or in writing. In any
9case, other than injury or death caused by exposure to
10radiological materials or equipment or asbestos, unless
11application for compensation is filed with the Commission
12within 3 years after the date of the disablement, where no
13compensation has been paid, or within 2 years after the date of
14the last payment of compensation, where any has been paid,
15whichever shall be later, the right to file such application
16shall be barred. If the occupational disease results in death,
17application for compensation for death may be filed with the
18Commission within 3 years after the date of death where no
19compensation has been paid, or within 3 years after the last
20payment of compensation, where any has been paid, whichever is
21later, but not thereafter.
22    Effective July 1, 1973 in cases of disability caused by
23coal miners pneumoconiosis unless application for compensation
24is filed with the Commission within 5 years after the employee
25was last exposed where no compensation has been paid, or within
265 years after the last payment of compensation where any has

 

 

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1been paid, the right to file such application shall be barred.
2    In cases of disability caused by exposure to radiological
3materials or equipment or asbestos, unless application for
4compensation is filed with the Commission within 25 years after
5the employee was so exposed, the right to file such application
6shall be barred.
7    In cases of death occurring within 25 years from the last
8exposure to radiological material or equipment or asbestos,
9application for compensation must be filed within 3 years of
10death where no compensation has been paid, or within 3 years,
11after the date of the last payment where any has been paid, but
12not thereafter.
13    (d) Any contract or agreement made by any employer or his
14agent or attorney with any employee or any other beneficiary of
15any claim under the provisions of this Act within 7 days after
16the disablement shall be presumed to be fraudulent.
17(Source: P.A. 93-721, eff. 1-1-05.)