820 ILCS 226/ Illinois Safe and Healthy Workplace Act.

(820 ILCS 226/Art. 5 heading) Article 5. Workers' Rights and Worker Safety Act(The Workers' Rights and Worker Safety Act is compiled at 820 ILCS 98/)(Source: P.A. 104-161, eff. 8-14-25.)

(820 ILCS 226/Art. 10 heading) Article 10. Safe and Healthy Workplace Act (Source: P.A. 104-161, eff. 8-14-25.)

(820 ILCS 226/10-1)

Sec. 10-1. Short title.

(a) This Article may be cited as the Illinois Safe and Healthy Workplace Act.

(b) As used in this Article, "this Act" refers to this Article.

(Source: P.A. 104-161, eff. 8-14-25.)

(820 ILCS 226/10-5)

Sec. 10-5. Scope.

(a) The grant of authority and obligations in this Act apply and extend only to occupational safety or health issues with respect to which no standard is in effect under section 6 of the federal Occupational Safety and Health Act, 29 U.S.C. 651 et seq. The grant of authority and obligations in this Act do not apply to occupational safety or health issues with respect to which a standard is in effect under section 6 of the federal Occupational Safety and Health Act, 29 U.S.C. 651 et seq.

(b) This Act does not apply to the development or enforcement of occupational health and safety standards in the public sector set forth in the Illinois Occupational Safety and Health Act.

(Source: P.A. 104-161, eff. 8-14-25.)

(820 ILCS 226/10-10)

Sec. 10-10. Operative provisions for the development of occupational health and safety rules in the private sector where no federal standard exists. If, after the effective date of this Act, a federal occupational health or safety standard, as defined under 29 U.S.C. 651 et seq., is repealed or revoked and no federal standard exists regulating that occupational safety or health issue for any employer that is not subject to the Occupational Safety and Health Act, the Illinois Department of Labor shall, as soon as practical, adopt rules as the Director of the Illinois Department of Labor deems necessary to incorporate the federal occupational health or safety standard that was repealed or revoked to address that occupational safety or health issue. No rules adopted by the Illinois Department of Labor shall be construed to apply to the federal government as an employer.

(Source: P.A. 104-161, eff. 8-14-25.)

(820 ILCS 226/10-15)

Sec. 10-15. Rulemaking authority.

(a) In order to accomplish the objectives of this Act and to carry out the duties prescribed by this Act, the Director of Labor may adopt rules, in accordance with the Illinois Administrative Procedure Act, necessary to implement the provisions of this Act. In developing rules, the Department of Labor shall consider the federal occupational health or safety standard being repealed or revoked as a minimum standard for private employers in this State.

(b) Any standard adopted by operation of this Section may be enforced through Section 10-20 of this Act.

(Source: P.A. 104-161, eff. 8-14-25.)

(820 ILCS 226/10-20)

Sec. 10-20. Right of action.

(a) As used in this Section, "interested party" means an organization that monitors or is attentive to compliance with public or worker safety laws.

(b) An aggrieved employee, an interested party, or the Department of Labor may bring a civil action against a private employer to enforce any rule adopted by the Department of Labor in accordance with this Act.

(c) An action brought under this Section must be brought no later than 3 years after the date of the alleged violation and, if brought by an aggrieved employee, may be brought by one or more employees on behalf of themselves and other employees similarly situated.

(d) In any action brought under this Section the Department of Labor shall be represented by the Office of the Attorney General.

(Source: P.A. 104-161, eff. 8-14-25.)

(820 ILCS 226/10-25)

Sec. 10-25. Relief and penalties.

(a) An aggrieved employee, interested party, or the Department of Labor prevailing in a civil action under Section 10-20 or any rules or standards adopted under this Act shall be entitled to all appropriate relief, including declaratory and injunctive relief and any other appropriate relief as deemed necessary by the court to make the employee or employees whole. The court shall award a prevailing employee or interested party reasonable attorney's fees and costs.

(b) With respect to any occupational health and safety rules and standards in the private sector where no federal standard exists and for which no other civil penalties already exist, the court may impose civil penalties as follows:

(1) an employer found to be in violation of the rule or standard may be assessed a civil penalty of not more than $1,000 per violation;

(2) an employer that repeatedly violates the rule or standard may be assessed a civil penalty of not more than $10,000 per violation; and

(3) an employer that willfully violates the rule or standard, or who demonstrates plain indifference to any provision of the rule or standard, may be assessed a civil penalty of not more than $70,000 per violation.

(Source: P.A. 104-161, eff. 8-14-25.)

(820 ILCS 226/10-30)

Sec. 10-30. Severability. The provisions of this Act are severable. If any provision of this Act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(Source: P.A. 104-161, eff. 8-14-25.)

(820 ILCS 226/Art. 15 heading) Article 15. Amendatory Provisions(Amendatory provisions; text omitted)(Source: P.A. 104-161, eff. 8-14-25; text omitted.)

(820 ILCS 226/Art. 99 heading) Article 99. Effective Date(Source: P.A. 104-161, eff. 8-14-25.)

(820 ILCS 226/99-99)

Sec. 99-99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 104-161, eff. 8-14-25.)