(820 ILCS 255/3)
(from Ch. 48, par. 1403)
As used in this Act:
(a) "Chemical name" means the scientific designation of a chemical in
accordance with the nomenclature system developed by the International Union of
and Applied Chemistry (IUPAC), or the Chemical Abstracts Service (CAS) rules
of nomenclature, or a name which will clearly identify the chemical for
hazard evaluation purposes.
(b) "Department" means the Illinois Department of Labor.
(c) "Container" means any bag, barrel, box, can, cylinder, drum, pipe,
piping system or the like that contains a toxic substance.
(d) "Director" means the Director of the Illinois Department of Labor.
(e) "Employee" means any person employed by an employer on or after the
effective date of this Act, except domestic workers or casual laborers.
For purposes of this Act, any person whose employment is terminated for
any reason after the effective date of this Act is an employee.
(f) "Employer" means any individual, partnership, corporation or association
including the State and all of its political subdivisions, engaged in a
business which has 20 or more employees or 5 or more full-time employees
in the State. The term "employer" does not include an employer of domestic
workers or casual laborers employed at a place of residence. Where the employees
are present at the workplace of another employer, pursuant to an agreement
between the employers, "employer" means the employer having control of the
toxic substances in the workplace.
(g) "Employee representative" means an individual or labor organization
to whom an employee gives written authorization to exercise his or her rights
to request information under Sections 8 and 9 of this Act. A recognized
or certified collective bargaining agent of a group of employees shall be
considered to be an employee representative with respect to those employees
without written employee authorization.
(h) "Hazard Warning" means any words, pictures, symbols, or combination
thereof which convey the hazards of the toxic substances in the container.
(i) "Health professional" means a safety engineer employed by an employer
to evaluate hazards or a physician, dentist, toxicologist, registered nurse,
licensed practical nurse or industrial hygienist.
(j) "Material safety data sheet" means a document describing the properties
and methods of safe handling and use of a substance, compound or mixture.
A material safety data sheet shall contain the following information with
respect to the substance, compound or mixture unless otherwise provided by this
(1) The chemical name, common names, trade name and
the identity used on the label, except as otherwise provided by Section 13.
(2) Physical and chemical characteristics, including
vapor pressure and flash point.
(3) Physical hazards, including the potential for
fire, explosion or reactivity.
(4) Known acute and chronic health effects of
exposure, including signs and symptoms of exposure based on substantial scientific evidence. Information contained in Appendix B of the federal Occupational Safety and Health Administration's Hazard Communication Notice of Proposed Rulemaking, 47 Federal Register 12001; March 19, 1982, shall be considered scientific evidence for purposes of this paragraph.
(5) The known primary route of exposure.
(6) The permissible exposure limit for those toxic
substances for which the federal Occupational Safety and Health Administration has promulgated a permissible exposure limit.
(7) Precautions for safe handling and use.
(8) Recommended engineering controls.
(9) Recommended work practices.
(10) Recommended personal protective equipment.
(11) Emergency and first aid procedures and
procedures for cleanup of leaks or spills.
(12) The date of preparation of the material safety
data sheet and of any changes to it.
(13) The name, address and telephone number of the
employer, manufacturer, importer or supplier preparing the material safety data sheet.
(k) "Mixing/loading site" means a work area where pesticide products
are transferred to containers and combined with diluents as provided by
label instructions to form use-dilutions for application to a site for the
purpose of effecting pest control.
(l) "Mixture" means any combination of two or more substances if the
is not, in whole or part, the result of a chemical reaction.
(m) "Toxic substance" means any substance, mixture or compound containing
a substance which is determined as being hazardous as defined in 29
(n) "Trade secret" means the whole or any portion or phase of any scientific
or technical information, design, process, procedure, formula or improvement
or business plan which is secret in that it has not been published or
or otherwise become a matter of general public knowledge, and which has
competitive value. A trade secret is presumed to be secret when the owner
thereof takes reasonable measures to prevent it from becoming available
to persons other than those selected by the owner to have access thereto
for limited purposes.
(o) "Work area" means a room or defined space where toxic substances are
produced, used or stored and where employees are present.
(p) "Workplace" means an employer's usual place of business containing
one or more work areas.
(Source: P.A. 89-696, eff. 6-1-97.)
(820 ILCS 255/5)
(from Ch. 48, par. 1405)
Duty of employer, manufacturer, importer and supplier to submit
Material Safety Data Sheet information to the Director.
(a) Every employer shall submit to the Director, within 6 months of the
effective date of this Act and annually thereafter, an alphabetized list
of substances, compounds or mixtures for which the employer has acquired
material safety data sheets.
(b) Every manufacturer, importer or supplier of substances, compounds
or mixtures shall submit to the Director, within 6 months of the effective
date of this Act and annually thereafter, an alphabetized list of
material safety data sheets for every product it produces, imports, or
supplies. The manufacturer, importer, or supplier shall make a copy of any
Material Safety Data Sheet on the list immediately available, but only upon
of the Director.
(c) The Director shall maintain a list of all Material Safety Data
Sheets submitted by
an employer, manufacturer, importer or supplier under
The Director shall make this list, hereinafter referred to as an "MSDS
List", available for inspection during office hours. The Director shall
mail a copy of the MSDS List to a requesting party upon written request.
The Director may charge a reasonable fee to cover the cost of reproduction
and mailing of the MSDS List.
(d) The Director shall maintain for 5 years Material Safety Data Sheets
submitted by employers, manufacturers, importers, and suppliers.
(Source: P.A. 89-696, eff. 6-1-97.)
(820 ILCS 255/6)
(from Ch. 48, par. 1406)
This Act shall not apply to:
(a) Use of toxic substances, compounds or mixtures regulated by this Act
(1) Intended for personal consumption by employees in
(2) Consumer goods used, stored or sold by an
employer, manufacturer, importer, retailer or supplier in the same form, approximate amount, concentration and manner as they are sold to consumers, provided that employee exposure to such consumer goods is not significantly greater than consumer exposure occurring during the principal consumer uses of the consumer goods. For purposes of this Act, "consumer goods" shall be defined as in Section 9-102 of the Uniform Commercial Code.
(3) Present in a concentration of less than 1%. In
the cases of carcinogens, mutagens or teratogens, only those substances shall be exempt which are present in a concentration of 0.1% or less. No substance shall be exempt under this paragraph which is present in concentrations exceeding threshold concentrations established by regulation of the Department.
(b) Laboratories in which a toxic substance, compound or mixture regulated
by this Act is used by or under the direct supervision of a technically
qualified individual, provided that the toxic substance or mixture is not
produced in the laboratories for commercial sale. The Department shall
promulgate rules prescribing the standards used in determining whether a
laboratory is under the direct supervision of a technically qualified
(c) All retail trade establishments as listed in the "Standard
Industrial Classification Manual" Division G, Retail Trade, published by
the U.S. Government Printing Office, except the Act shall apply to those
retail trade establishments listed within Major Groups: 52 - Building
Materials, Hardware, Garden Supply, and Mobile Home Dealers; and 55 -
Automotive Dealers and Gasoline Service Stations, except for those
activities involving the retail sales of gasoline motor fuels or lubricants,
or if the retail trade establishments are engaged in any of the following
specific activities, this Act shall apply only to the retail trade
establishments' involvement in such specific activities: paint mixing,
other than the tinting of consumer sized containers of paint;
finishing or refinishing operations using paint or paint related products;
automobile battery servicing, photo finishing operations; and dry cleaning
(Source: P.A. 91-893, eff. 7-1-01.)
(820 ILCS 255/8)
(from Ch. 48, par. 1408)
Labels, placards, signs and operating instructions identifying
toxic substances. (a) Except as otherwise provided by this Section, the
employer shall label with the chemical name and appropriate hazard warnings
each container of a toxic substance in the workplace. The employer is not
required to label any container of ten gallons or less in volume into which
a toxic substance or mixture is transferred by the employee from labelled
containers and which is intended only for the immediate use of the employee who performs
(b) The employer may post signs, placards or operating instructions to
convey the required information as specified in Section 8(a) rather than
affixing labels to each fixed container. For purposes of this paragraph,
"fixed container" shall mean a pipe, piping system, reaction vessel or
storage tank. All containers which are not fixed containers must be individually
labelled. The employer shall provide at least one sign, placard or set of
operating instructions readily accessible to each employee in the employee's work area.
(c) The employer shall ensure that each label, sign, placard or set of
operating instructions required by this Section is prominently affixed and
displayed in such a manner that employees can easily identify the toxic substances
(d) The employer need not affix new labels if existing labels already convey
the necessary information required by this Section.
(e) This Section shall not apply to containers into which products registered
pursuant to the Federal Insecticide, Fungicide and Rodenticide Act, as amended,
are transferred to form use-dilutions at a mixing/loading site for use within
a 12 hour period. All labeling information required for such products by
the Federal Insecticide, Fungicide and Rodenticide Act must be posted in
a prominent location at the mixing/loading site.
(f) This Section shall become effective with respect to any toxic substance
upon filing, unless a later effective date is specified in the rule, pursuant
to Section 4(e) of this Act.
(Source: P.A. 84-1438.)
(820 ILCS 255/13)
(from Ch. 48, par. 1413)
(a) Trade secrets. An employer, manufacturer,
importer or supplier may withhold
the precise chemical name of a toxic substance if:
(1) The Director has determined that the toxic substance is a trade secret.
The Director shall determine that a toxic substance is a trade secret if:
(i) The employer, manufacturer, importer or supplier has asserted a written
trade secret claim which has not expired by its terms nor been waived or withdrawn; and
(ii) the toxic substance conforms to the definition of a trade secret
contained in Section 3(m) of this Act; and
(2) The substance is identified by a generic chemical classification which
would permit independent toxicological evaluation by a health professional; and
(3) All other information on the properties and effects of the substance
required by this section is contained in the material safety data sheet; and
(4) The material safety data sheet indicates which category of information
is being withheld on trade secret grounds; and
(5) In any event, the withheld information is provided on a confidential
basis to a treating health care professional who states in writing that
a patient's health problems may be the result of occupational exposure.
A statement with the name of the holder of the trade secret information
and an emergency telephone number shall be included in the material safety
data sheet. In an emergency medical situation, the employer shall disclose
the trade secret information to a treating health care professional without
requiring the prior signing of any written statement.
(b) The Director must determine whether a substance is a trade secret
within 30 days of submission of a trade secret claim by the holder of the
trade secret information. The information shall be protected as confidential
until such determination is made.
(c) Except in an emergency medical situation, whenever trade secret information
is requested from an employer by any emergency service agency, fire department,
user, employee or employee representative or treating health care professional,
the holder of the trade secret information, whether an employer, manufacturer,
importer or supplier must supply the information but may require, as a condition
of access to the trade secret, that such person sign a written confidentiality
agreement prepared by the holder of the trade secret information, stating
that the person receiving such information will not use the information
for the purpose of commercial gain and will not permit misuse of the trade
secret information by a competitor or potential competitor of the employer,
manufacturer, importer or supplier.
(Source: P.A. 83-240.)
(820 ILCS 255/14)
(from Ch. 48, par. 1414)
(a) If an employee has requested information in writing about
a toxic substance to which he or she is entitled under this Act and has
not received the information specified within the time frames provided by
this Act, the employee may refuse to work with the toxic substance. Notwithstanding
the above sentence, if any employer does not possess a material safety data
sheet for a toxic substance and has made a good faith effort to acquire
one, an employee is not entitled under this Act to refuse to work with the
toxic substance on the grounds that the employer has refused to provide
such material safety data sheet within time limits specified by Section
9(d). An employer
that complies with the requirements of Section 9(d) will be presumed to
have made a good faith effort under Section 14.
(b) An employer may not discharge or otherwise discipline or discriminate
in any manner against any employee, prospective employee, or employee representative
because that person exercises any rights under this Act, or makes a claim,
or files any complaint or action, or testifies in any proceeding related
to this Act, nor shall any remuneration, position, seniority, or other benefits
be lost for such reasons.
(c) No employer shall request or require that an employee, former employee
or applicant for employment waive any rights under this Act.
(d) This Section shall become effective with respect to
any toxic substance upon filing, unless a later effective date is specified
in the rule, pursuant to Section 4 (e).
(Source: P.A. 83-240.)
(820 ILCS 255/16)
(from Ch. 48, par. 1416)
Employee information and training.
(a) An employer shall provide
all employees with an education and training program with respect to all
toxic substances to which the employee is routinely exposed in the
course of his or her employment. An employee shall be deemed to be routinely
exposed to any toxic substance which he ingests, inhales, absorbs through
the skin or otherwise comes into contact with on a regular basis during
the course of his employment in concentrations for which there is substantial
scientific evidence that a significant risk to human health may occur from
exposure or which falls above threshold limits established by the Department.
If no employees are exposed to any toxic substance, the
employer does not have to provide an employee education and training program.
(b) It shall be prima facie evidence that an employer has fulfilled the
education and training requirements of this Section if, before an employee
is assigned to work where he will be routinely exposed to a toxic substance,
and at least annually thereafter for as long as the employee remains routinely
exposed to the toxic substance, the employer provides the employee with:
(1) personal instruction with respect to methods of material handling for
each toxic substance to which the employee will be exposed in the normal
course of his or her employment; (2) a material safety data sheet pertaining
to such toxic substance; and (3) a summary, written by the Department, which
includes (i) a summary of the employee's rights and obligations under the
Act and (ii) a readily understandable
explanation of how to read and understand a Material Safety Data Sheet.
(c) It shall be the duty of the Department to publish, to distribute to
any employer in the State who so requests, and to publish in the Illinois
Register, copies of the summary described in subsection (b) of this Section.
The summary must be available for distribution to employers and published
in the Illinois Register within 6 months of the effective date of this Act.
The Department may charge a reasonable fee to those persons requesting copies
of the summary, to cover publication and distribution costs.
(d) The Director shall develop a program to inform employers, manufacturers,
importers, and suppliers of their rights and duties under this Act. Such
program shall begin on the effective date of this Act and shall last for
at least one year thereafter. The program shall include, but shall not
be limited to: (i) Providing information to employers and employees on their
duties and responsibilities under this Act; and (ii) Providing information
on procedures adopted by the Department for the purpose of implementing this Act.
The Department shall make efforts to assist small businesses in complying
with the provisions of this Act and shall also attempt to notify suppliers
located out of the State concerning the provisions of this Act.
(Source: P.A. 86-816.)
(820 ILCS 255/17)
(from Ch. 48, par. 1417)
(a) An employee, employee representative or employer who alleges
that he or she has been denied his or her rights under this Act may, within
180 days of the alleged denial or after first learning of the alleged denial,
file a complaint alleging a violation of the Act with the Department. The
Department shall investigate the complaint and shall have authority to request
the issuance of a search warrant or subpoena to inspect the files or premises
of an employer, manufacturer, importer or supplier, if necessary. The Department
shall attempt to resolve the complaint by conference, conciliation, or persuasion.
If the complaint is not so resolved and the Department finds probable cause
to believe a violation has occurred, the Department shall proceed with notice
and a hearing on the complaint.
(b) The hearing will be held within 60 days of receipt by the party alleged
to have committed a violation of the Act, hereafter referred to as the respondent,
of the complaint and the hearing notice. At the hearing, the employee,
employee representative or employer and the respondent shall have the right
to present evidence, to be represented by counsel or labor union representatives,
and to cross-examine witnesses. In addition, the Director shall promulgate
rules providing for the issuance of subpoenas to compel witnesses to attend
the hearing and for orderly prehearing exchange of information and documents
by the complaining employee, employee representatives or employer and the respondent.
(c) Remedies. The Director shall issue a decision and order within 30
days after the hearing. If the Director finds that an employer, manufacturer,
importer, supplier or other person has violated this Act, he shall order
the violator to cease and desist violating and may order the violator to
institute an education and training program, provide the requested information,
reinstate an employee and provide back pay to an employee, and assess attorney's
fees and hearing costs.
(d) Penalties for violation. Any employer, manufacturer, importer, supplier,
or other person who, in a hearing held pursuant to this Section is found
by the Director to be in violation of the Act shall forfeit not more than
$1,000 for each such violation. Any person who wilfully or repeatedly violates
any provision of this Act or an order of the Director issued pursuant to
this Section shall forfeit not more than $10,000 for each such violation.
(e) Punitive damages. The Director of the Department is authorized to
assess punitive damages against any employer, manufacturer, importer, supplier
or other person, who knowingly and wilfully violates any of the provisions
of this Act. Punitive damages shall not exceed 10 times the total monetary
amount owed by
the liable party pursuant to subsections (c) and (d) of this Section or
$20,000, whichever is larger.
(f) Any party to the hearing adversely affected by a final decision pursuant
to subsections (c), (d), or (e) of this Section may obtain judicial review
by filing a petition under the Administrative Review Law of the Code of
Civil Procedure within 35 days of the decision; except that, where the Director
has failed to issue a decision within 30 days after the hearing, the complainant
shall have the right to file his or her complaint as an original action
in the circuit court of this State. The remedies available in such an original
action shall be the same as those specified in subsections (c), (d) and
(e) of this Section.
(Source: P.A. 83-240.)