EXTREME WORKPLACE TEMPS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3762

Introduced 2/18/2025, by Rep. Edgar González, Jr.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Workplace Extreme Temperature Safety Act. Provides that
the Director of Labor shall adopt rules to establish excessive heat and
excessive cold standards. Sets forth temporary excessive heat and
excessive cold standards. Provides that, on or before January 1, 2026, the
Director shall establish by rule an occupational temperature-related
illness and injury prevention plan. Sets forth provisions concerning
retaliation; violations; penalties; and enforcement of the Act.
LRB104 12261 SPS 22373 b

A BILL FOR

HB3762
LRB104 12261 SPS 22373 b
1

AN ACT concerning employment.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Workplace Extreme Temperature Safety Act.

6

Section 5.
Findings.
The General Assembly finds and
7
declares:
8

(a) As the frequency of extreme weather events continues
9
to grow, workers are at an increased risk of serious injury or
10
death. Heat stress or cold stress can occur at temperatures as
11
low as 40 degrees Fahrenheit or as high as 78 degrees
12
Fahrenheit, depending on the working conditions. Unaddressed,
13
heat stress and cold stress can cause a range of serious
14
conditions, including stroke and death if not treated
15
properly. Heat related injuries and fatalities may be
16
underreported as heat stress exacerbates existing health
17
problems like asthma, kidney failure, and heart disease,
18
leading to potential comorbidities being reported. Workers in
19
agriculture and construction are at the highest risk of
20
weather-related injuries, but the problem affects all workers
21
exposed to extreme temperatures, including indoor workers
22
without adequately climate-controlled environments or
23
appropriate personal protective equipment.

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(b) From 1979 to 2022, more than 14,000 Americans have
2
died directly from heat-related causes, according to the
3
United States Environmental Protection Agency.
4

(c) In the absence of a temperature stress standard
5
adopted by the Occupational Health and Safety Administration,
6
the Department of Labor should adopt a heat stress standard
7
for the protection of employees against temperature-related
8
hazards, illness, and injury that effects employers and
9
employees in this State in private and public employment.

10

Section 10.
Definitions.
11

"Acclimatization" means the body's temporary adaptation to
12
work in heat that occurs as a person is exposed to extreme
13
temperature over a period of 7 to 14 days depending on the
14
amount of recent work in excessive heat and the individual
15
factors. "Acclimatization" may be lost after 7 consecutive
16
days away from working in the heat.
17

"Cold-related illness" means a medical condition resulting
18
from the body losing heat faster than it can produce heat
19
creating a risk of severe injury, illness, or death.
20

"Cold stress" means the net load to which a worker is
21
exposed from the combined contributions of metabolic heat,
22
environmental factors, including temperature, wind chill, and
23
moisture, and personal protective equipment worn that results
24
in a loss of heat to the body, causing body temperature to
25
drop.

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1

"Director" means the Director of Labor, or the Director's
2
designee.
3

"Department" means the Department of Labor.
4

"Engineering controls" means the use of devices to reduce
5
exposure to extreme temperatures. "Engineering controls"
6
includes fans, heating stations, misting stations, and air
7
conditioning. "Engineering controls" does not include wearable
8
items.
9

"Employ" means to suffer or to permit to work.
10

"Employee" means any individual employed by an employer.
11

"Employer" means any individual, partnership, association,
12
corporation, and the State and any county and municipality,
13
and school district, agency, authority, department, bureau, or
14
instrumentality thereof, acting directly or indirectly in the
15
interest of an employer in relation to an employee.
16

"Excessive cold" means levels of outdoor or indoor
17
exposure to cold that exceed the capacities of the human body
18
to maintain normal body functions.
19

"Heat-related illness" means a medical condition resulting
20
from the inability of the body to manage excess heat,
21
including heat rash, heat cramps, heat exhaustion, heat
22
syncope, and heat stroke.
23

"Excessive heat" means levels of outdoor or indoor
24
exposure to heat that exceed the capacities of the human body
25
to maintain normal body functions.
26

"Heat stress" means the net load to which a worker is

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exposed from the combined contributions of metabolic heat,
2
environmental factors, and clothing worn which result in an
3
increase in heat storage in the body, causing body temperature
4
to rise to sometimes dangerous levels.
5

"Occupation" means any occupation, service, trade,
6
business, industry or branch or group of industries or
7
employment or class of employment in which employees are
8
employed.
9

"Occupational safety and health standard" means a rule
10
that requires the following: a condition that is reasonably
11
appropriate or necessary to make employment and places of
12
employment safe and healthful; or the adoption or use of a
13
means, method, operation, practice, or process that is
14
reasonably appropriate or necessary to make employment and
15
places of employment safe and healthful.

16

Section 15.
Establishment of excessive heat and cold
17
standards.
18

(a) The Director shall adopt rules to establish excessive
19
heat standards. Until rules are adopted under this Section,
20
excessive heat standards are as follows:
21

(1) for an outdoor place of employment, the heat index
22

equals or exceeds 80 degrees Fahrenheit;
23

(2) for an indoor place of employment:
24

(A) the temperature equals or exceeds 80 degrees
25

Fahrenheit and the heat index equals or exceeds 85

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1

degrees Fahrenheit;
2

(B) if employees wear clothing that restricts heat
3

removal, the temperature equals or exceeds 80 degrees
4

Fahrenheit; and
5

(C) if employees work in a high radiant heat area,
6

the temperature equals or exceeds 80 degrees
7

Fahrenheit.
8

For indoor and outdoor places of employment, if the heat
9
index equals or exceeds 90 degrees Fahrenheit, employers shall
10
implement additional workplace safety standards, including the
11
possible utilization of personal protective equipment.
12

(b) The Director shall adopt rules to establish excessive
13
heat standards. Until rules are adopted under this Section,
14
excessive heat standards are as follows:
15

(1) for an outdoor place of employment, the wind chill
16

is equal or below 40 degrees Fahrenheit;
17

(2) for an indoor place of employment where heavy work
18

is performed, unless prohibited by process requirements,
19

the temperature is equal or below 60 degrees Fahrenheit;
20

and
21

(3) for an indoor place of employment where light work
22

is performed, unless prohibited by process requirements, a
23

temperature is equal or below 65 degrees Fahrenheit.
24

(c) Any temperature, heat index, or wind chill described
25
in this Section shall be based on a measurement of the National
26
Weather Service.

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Section 20.
Occupational temperature-related illness and
2
injury prevention plan.
3

(a) On or before January 1, 2026, the Director shall
4
establish by rule an occupational temperature-related illness
5
and injury prevention plan that contains the following:
6

(1) a standard that establishes temperature hazard
7

levels for employees that, if exceeded, trigger actions by
8

employers to protect employees from temperature-related
9

illness and injury; and
10

(2) a requirement that each employer develop,
11

implement, and maintain a plan to effectively prevent
12

temperature-related illness and injury for its employees.
13

(b) The occupational temperature-related illness and
14
injury prevention plan shall, to the extent permitted by
15
federal law, be developed and implemented with the
16
participation of employees and employee representatives,
17
including collective bargaining representatives. The plan
18
shall be tailored and specific to the hazards in a place of
19
employment. The plan shall be in writing in both English and in
20
the language that each employee understands, if that language
21
is not English. The plan shall be provided to the Director,
22
employees, and any employee representatives, including
23
collective bargaining representatives, on the last business
24
day of May each year and shall be made available at other times
25
of the year upon written request. The Director shall develop a

HB3762
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1
model occupational temperature-related illness and injury
2
prevention plan, consistent with the provisions of this Act,
3
that includes, but is not limited to:
4

(1) model training for employees and supervisors; and
5

(2) tailored to the specific hazards in places of
6

employment with high risks of exposure to heat and cold.
7

An employer may adopt the Director's model occupational
8
temperature-related illness and injury prevention plan, modify
9
that model plan, or develop their own occupational
10
temperature-related illness and injury prevention plan,
11
consistent with the provisions of this Act, including the
12
employee participation requirements.
13

(c) The occupational temperature-related illness and
14
injury prevention plan described in subsection (a) shall, at a
15
minimum, contain procedures and methods for the following:
16

(1) regular monitoring for employee exposure to heat
17

or cold to determine whether an employee's exposure has
18

been excessive;
19

(2) providing potable water, available immediately and
20

in immediate and safe proximity to heat impacted
21

employees;
22

(3) providing heat-impacted employees with paid rest
23

breaks and access to shade, cool-down areas or
24

climate-controlled spaces;
25

(4) providing warm, non-caffeinated beverages in
26

immediate and safe proximity to cold impacted employees;

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(5) providing cold impacted employees with paid rest
2

breaks and access to warming stations sheltered from the
3

wind and any precipitation;
4

(6) providing an emergency response for any employee
5

who has suffered injury as a result of being exposed to
6

excessive heat or cold;
7

(7) limiting the length of time an employee may be
8

exposed to heat or cold during the workday;
9

(8) establishing guidelines for the usage of heat
10

insulating personal protection equipment for workers
11

exposed to temperatures below 65 degrees Fahrenheit for
12

light activity and 60 degrees Fahrenheit for moderate to
13

heavy activity;
14

(9) establishing a worker acclimatization policy
15

conforming with the recommended alert limits as
16

established by the "Occupational Exposure to Heat and Hot
17

Environments" published in 2016 by the Department of
18

Health and Human Services;
19

(10) for outdoor and indoor non-climate-controlled
20

environments, implementing a heat and cold alert system to
21

provide notification to employees when the National
22

Weather Service forecasts that excessive heat or excessive
23

cold is likely to occur in the following day or days in a
24

locality where an employer has employees in that State,
25

and when that notification occurs, including:
26

(A) postponing tasks that are non-essential until

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the excessive temperature condition subsides;
2

(B) instituting or increasing rest allowances;
3

(C) reminding workers to drink liquids in small
4

amounts frequently to prevent dehydration; and
5

(D) to the extent practicable, monitoring the
6

environmental heat index at job sites and resting
7

places;
8

(11) preventing hazards, including through the use of:
9

(A) engineering controls that include the
10

isolation of hot or cold processes, the isolation of
11

employees from sources of heat or cold, local exhaust
12

ventilation, shielding from a radiant heat source or
13

freezers, the insulation of hot surfaces, air
14

conditioning, cooling fans, evaporative coolers, and
15

natural ventilation;
16

(B) administrative controls that limit exposure to
17

a hazard by adjustment of work procedures or work
18

schedules, including rotating employees, scheduling
19

work earlier or later in the day, using work-rest
20

schedules, reducing work intensity or speed, and
21

changing required work clothing;
22

(C) personal protective equipment, including
23

water-cooled garments, heated garments, air-cooled
24

garments, reflective clothing, and cooling and heating
25

vests; and
26

(D) administrative controls on routine temperature

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LRB104 12261 SPS 22373 b
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variation of more than 50 degrees Fahrenheit between
2

work spaces;
3

(12) coordinating risk assessment efforts, plan
4

development, and implementation with other employers who
5

have employees who work at the same work site; and
6

(13) allowing employees to contact the employer
7

directly and efficiently to communicate if the employee
8

feels like the employee is suffering from an extreme
9

temperature-related illness.
10

(d) The occupational temperature-related illness and
11
injury prevention plan shall contain, at a minimum, annual
12
training and education, including training and education
13
regarding the following:
14

(1) the identification of extreme temperature-related
15

illness risk factors;
16

(2) personal factors that may increase susceptibility
17

to temperature-related illness;
18

(3) signs and symptoms of temperature-related illness;
19

(4) different types of temperature-related illness;
20

(5) the importance of consuming fluids;
21

(6) available engineering control measures;
22

(7) administrative control measures;
23

(8) the importance of reporting temperature-related
24

symptoms;
25

(9) recordkeeping requirements and reporting
26

procedures;

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LRB104 12261 SPS 22373 b
1

(10) emergency response procedures; and
2

(11) rights under this Act.
3

(e) The occupational temperature-related illness and
4
injury prevention plan shall contain, at a minimum, special
5
training and education to employees who are supervisors, in
6
addition to the training and education provided to all
7
employees under subsection (d), that shall include training
8
and education containing the following:
9

(1) procedures a supervisor shall follow with respect
10

to the prevention of employee exposure to excessive
11

temperatures;
12

(2) how to recognize high-risk situations, including
13

how to monitor weather reports and weather advisories, the
14

risk of assigning an employee to a situation that could
15

predictably compromise the safety of the employee, and
16

initially and regularly monitor for employee exposure to
17

heat or cold to determine whether an employee's exposure
18

has been excessive; and
19

(3) emergency response procedures if an employee
20

exhibits signs or reports symptoms consistent with
21

temperature-related illnesses.
22

(f) The occupational temperature-related illness and
23
injury prevention plan shall require that the education and
24
training:
25

(1) be provided by an employer for each new employee
26

before starting a job assignment;

HB3762
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LRB104 12261 SPS 22373 b
1

(2) provide employees opportunities to ask questions,
2

provide feedback, and request additional instruction,
3

clarification, or follow-up;
4

(3) be provided by an individual with knowledge of
5

temperature-related illness prevention and the plan of the
6

employer; and
7

(4) be appropriate in content and commensurate to the
8

language, education level, and literacy of each employee.
9

(g) An employer shall maintain the following:
10

(1) records related to the heat-related illness and
11

injury prevention plan, including heat-related illness
12

risk and hazard assessments and identification,
13

evaluation, correction and training procedures;
14

(2) data on all heat-related illnesses, injuries, and
15

fatalities that have occurred at the place of employment,
16

including, but not limited to, the type of heat-related
17

illness or injury experienced and symptoms experienced,
18

the cause of death, the time at which manifestation of
19

illness, injury, or death occurred, environmental
20

measures, including temperature and humidity levels, at
21

time of manifestation of illness, injury or death, a
22

description of the location where the manifestation of
23

illness, injury, or death occurred; and
24

(3) data concerning environmental and physiological
25

measurements related to heat.
26

(h) An employer shall make the records and data available,

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1
on request, for examination and copying at no cost, to an
2
employee, an employee's authorized representatives, including
3
collective bargaining representatives, and to the Director.
4
The employer shall preserve the records and data for a minimum
5
of 3 years.
6

(i) Employers shall comply with the provisions of the heat
7
stress and cold stress standards in accordance with this
8
section 60 days after the rules containing the heat stress
9
standard are adopted.
10

(k) this Act shall not apply to any employees directly
11
involved in the protection of life or property, including, but
12
not limited to, lifeguards, firefighters, paramedics, law
13
enforcement personnel, and employees engaged in the emergency
14
restoration of essential infrastructure and services,
15
including roads, bridges, utilities, and communications.
16

(l) After an employer has implemented an occupational
17
temperature-related illness and injury prevention plan each
18
employer shall, annually, on or before the first business day
19
of May, review, release, and give notice to employees and any
20
authorized representatives of their employees, including their
21
collective bargaining representatives, an updated copy of the
22
employer's temperature-related illness and injury prevention
23
plan.

24

Section 25.
Retaliation.
25

(a) It is a violation of this Act for an employer to

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LRB104 12261 SPS 22373 b
1
retaliate through termination of employment, discipline, or
2
taking any other adverse action against any employee for
3
exercising any right under this Act. There shall be a
4
rebuttable presumption of unlawful retaliation under this
5
Section if an employer takes an adverse action against an
6
employee within 90 days after the employee exercises the
7
employee's rights under this Act.
8

(b) It is a violation of this Act for an employer to
9
retaliate or take adverse action against an employee if the
10
employee:
11

(1) makes a complaint to an employer, to a co-worker,
12

to a community organization, before a public hearing, or
13

to a State or federal agency that rights under this Act
14

have been violated;
15

(2) seeks assistance or intervention with respect to
16

heat-related health symptoms from, the employer, local
17

emergency services, the federal government, the State, or
18

a local government;
19

(3) refuses to work if the employee reasonably
20

believes:
21

(A) that an employer has not met the minimum
22

requirements under this Act to prevent illness and
23

injury; or
24

(B) that performing the required work in extreme
25

temperature conditions may result in illness or
26

injury;

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1

(4) institutes any proceeding under or related to this
2

Act; or
3

(5) testifies or prepares to testify in an
4

investigation or proceeding under this Act.

5

Section 30.
Violations.
The Department, or the Attorney
6
General pursuant to its authority under Section 6.3 of the
7
Attorney General Act, shall have the authority to issue a
8
temporary emergency cease and desist order to halt any conduct
9
of the employer that is warranted by public health and safety
10
concerns or is in violation of this Act. The Attorney General
11
shall seek a court order extending any emergency cease and
12
desist order to halt any conduct of the employer that is
13
warranted by public health and safety concerns is in this Act
14
as soon as practicable. Before issuing a cease and desist
15
order authorized under this Section, the Attorney General
16
shall provide notice to the Director.

17

Section 35.
Penalties.
An employer who violates any
18
provision of this Act or any rule adopted under this Act shall
19
be subject to a civil penalty of not less than $100 and not
20
more than $5,000 for each violation found in an initial
21
investigation by the Department or determined by a court in a
22
civil action brought by an interested party, or determined by
23
a court in a civil action brought by the Attorney General
24
pursuant to its authority under Section 6.3 of the Attorney

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1
General Act. An employer found to have committed any repeat
2
violation of this Act by the Department or circuit court
3
within 3 years following the first finding shall be subject to
4
a civil penalty of not less than $250 and not more than $15,000
5
for each such repeat violation. For purposes of this Section,
6
each violation of this Act for each employee and for each day
7
the violation continues shall constitute a separate and
8
distinct violation. Any penalty assessed under this Act
9
against a corporation, partnership, limited liability company,
10
or sole proprietorship, shall be effective against any
11
successor entity that is engaged in the same or equivalent
12
trade or activity, and has one or more of the same principals
13
or officers, as the corporation, partnership, limited
14
liability company, or sole proprietorship against which the
15
penalty was assessed. In determining the appropriateness of a
16
penalty to the employer, the Director or circuit court shall
17
consider the factors including, the history of violations by
18
the employer, the seriousness of the violation, the good faith
19
of the employer, and the size of the employer's business. The
20
amount of the penalty may be: (1) recovered in a civil action
21
brought by the Director in any circuit court, represented by
22
the Attorney General; or (2) ordered by the court, in an action
23
brought by any party, including the Attorney General for a
24
violation of this Act.

25

Section 40.
Enforcement by the Department.

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1

(a) The Department shall enforce the provisions of this
2
Act when, in the Department's judgment, there is cause and
3
sufficient resources for investigation. The Department shall
4
have the authority to conduct investigations in connection
5
with the administration and enforcement of this Act. The
6
Director, or the Director's designee, may:
7

(1) enter and inspect the place of business if any
8

employer for the purpose of examining and inspecting the
9

physical workplace;
10

(2) inspect or copy any records of the employer that
11

relate in any way to or have a bearing upon the question of
12

compliance with this Act;
13

(3) question any employee outside the presence of the
14

employer or any employer representative;
15

(4) conduct any tests at the employer's place of
16

business to determine if this Act has been violated; and
17

(5) require any employer to submit written statements,
18

including sworn statements, relating to compliance with
19

this Act as the Director may deem necessary or
20

appropriate.
21

(b) A representative of the employer and a representative
22
of the employees shall be given an opportunity to accompany
23
the Department during the physical inspection of any workplace
24
for the purpose of aiding the inspection.
25

(1) The Department may permit additional
26

representatives of the employer and representatives of the

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1

employees to be present during the inspection if the
2

Department determines that the additional representatives
3

will aid the inspection. A different employer and employee
4

representative may be present during each phase of the
5

inspection if doing so does not interfere with the
6

inspection.
7

(2) The Department shall have authority to resolve all
8

disputes as to who shall be the representative of the
9

employer and the representative of the employees. If there
10

is no authorized representative of employees, or if the
11

Department is unable to determine with reasonable
12

certainty who is the representative, the Department shall
13

consult with a reasonable number of employees concerning
14

matters of safety and health in the workplace.
15

(3) The representative of the employees may be an
16

employee of the employer or a third party. When the
17

representative of the employees is not an employee of the
18

same employer, the representative of the employees may be
19

present during the inspection if, in the judgment of the
20

Department, good cause has been shown why a third party is
21

reasonably necessary to the conduct of an effective and
22

thorough physical inspection of the workplace.
23

(4) The Department is authorized to deny the right to
24

be present during an inspection for any person whose
25

conduct interferes with a fair and orderly inspection.
26

(c) The Director may compel, by subpoena, the attendance

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1
and testimony of witnesses and the production of books,
2
payrolls, records, papers, and other evidence in any
3
investigation or hearing and may administer oaths to
4
witnesses.
5

(d) The Department shall conduct hearings in accordance
6
with the Illinois Administrative Procedure Act upon written
7
complaint by an investigator of the Department or any
8
interested person of a violation of this Act. After the
9
hearing, if supported by the evidence, the Department may:
10

(1) issue and cause to be served on any party an order
11

to cease and desist from further violation of this Act;
12

(2) take affirmative or other action as deemed
13

reasonable to eliminate the effect of the violation; and
14

(3) determine the amount of any civil penalty allowed
15

by this Act.

16

Section 45.
Review under Administrative Review Law.
Any
17
party to a proceeding under this Act may apply for and obtain
18
judicial review of an order of the Department entered under
19
this Act in accordance with the provisions of the
20
Administrative Review Law, and the Department in proceedings
21
under this Act may obtain an order from the court for the
22
enforcement of its order.

23

Section 50.
Contempt.
If it appears that an employer
24
covered by this Act has violated a valid order of the

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1
Department issued under this Act, the Director may commence an
2
action and obtain from the court an order commanding the
3
employer to obey the order of the Department or be adjudged
4
guilty of contempt of court and punished accordingly.

5

Section 55.
Action for civil enforcement by an interested
6
party.
7

(a) Upon a reasonable belief that an employer covered by
8
this Act is in violation of any part of this Act, an interested
9
party may initiate a civil action in the county where the
10
alleged offenses occurred or where any party to this Action
11
resides, asserting that a violation of this Act has occurred,
12
pursuant to the following sequence of events:
13

(1) The interested party submits to the Department a
14

complaint describing the violation and naming the employer
15

alleged to have violated this Act.
16

(2) The Department sends notice of complaint to the
17

named parties alleged to have violated this Act and the
18

interested party.
19

(3) The named party may either contest the alleged
20

violation or attempt to cure the alleged violation within
21

30 days after the receipt of the notice of complaint or, if
22

the named party does not respond within 30 days, the
23

Department issues a notice of right to sue to the
24

interested party as described in paragraph (4).
25

(4) The Department issues a notice of right to sue to

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1

the interested party, if one or more of the following has
2

occurred:
3

(A) the named party has cured the alleged
4

violation to the satisfaction of the Director;
5

(B) the Director has determined that the
6

allegation is unjustified or that the Department does
7

not have jurisdiction over the matter or the parties;
8

or
9

(C) the Director has determined that the
10

allegation is justified or has not made a
11

determination, and either has decided not to exercise
12

jurisdiction over the matter or has concluded
13

administrative enforcement of the matter.
14

(b) If within 180 days after service of the notice of
15
complaint to the parties, the Department has not (i) resolved
16
the contest and cure period, (ii) with the mutual agreement of
17
the parties, extended the time for the named party to cure the
18
violation and resolve the complaint, or (iii) issued a right
19
to sue letter, the interested party may initiate a civil
20
action for penalties. The parties may extend the 180-day
21
period by mutual agreement. The limitations period for the
22
interested party to bring an action for the alleged violation
23
of the Act shall be tolled for the 180-day period and for the
24
period of any mutually agreed extensions. At the end of the
25
180-day period, or any mutually agreed extensions, the
26
Department shall issue a right to sue letter to the interested

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1
party.
2

(c) Upon receipt of a right to sue letter from the
3
Department, an interested party may bring a civil action in
4
the county where the alleged offenses occurred or where any
5
party to this Action resides, in the name of the State or for
6
the benefit of any impacted employee. If this Action is
7
brought in the name of the State:
8

(1) No later than 30 days after filing an action, the
9

interested party shall serve upon the State through the
10

Attorney General a copy of the complaint and written
11

disclosure of substantially all material evidence and
12

information the interested party possesses.
13

(2) The State may elect to intervene and proceed with
14

the action no later than 60 days after it receives both the
15

complaint and the material evidence and information. The
16

State may, for good cause shown, move the court for an
17

extension of the time to intervene and proceed with the
18

action.
19

(3) Before the expiration of the 60-day period or any
20

extensions under subparagraph (2), the State shall:
21

(A) proceed with the action, in which case the
22

action shall be conducted by the State; or
23

(B) notify the court that it declines to take the
24

action, in which case the interested party bringing
25

the action shall have the right to conduct the action.
26

(4) When the State conducts the action, the interested

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1

party shall have the right to continue as a party to the
2

action subject to the following limitations:
3

(A) the State may dismiss the action
4

notwithstanding the objections of the interested party
5

initiating the action if the interested party has been
6

notified by the State of the filing of the motion and
7

the court has provided the interested party with an
8

opportunity for a hearing on the motion; and
9

(B) the State may settle the action with the
10

defendant notwithstanding the objections of the person
11

initiating the action if the court determines, after a
12

hearing, that the proposed settlement is fair,
13

adequate, and reasonable under all the circumstances.
14

(5) If an interested party brings an action under this
15

Section, no person other than the State may intervene or
16

bring a related action on behalf of the State based on the
17

facts underlying the pending action.
18

(6) An action brought in court by an interested party
19

under this Section may be dismissed if the court and the
20

Attorney General give written consent to the dismissal and
21

their reasons for consenting.
22

(d) Any claim or action filed by an interested party under
23
this Section shall be made no later 3 years after the alleged
24
conduct resulting in the complaint, plus any period for which
25
the limitations period has been tolled.
26

(e) In an action brought by an interested party under this

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1
Section, an interested party may recover against the covered
2
entity any statutory penalties set forth in Section 70,
3
injunctive relief, and any other relief available to the
4
Department. An interested party who prevails in a civil action
5
shall receive 10% of any statutory penalties assessed, plus
6
any attorney's fees and costs. The remaining 90% of any
7
statutory penalties assessed shall be deposited into a special
8
fund of the Department for enforcement of this Act.

9

Section 60.
Private right of action.
10

(a) An employee aggrieved by any violation of this Act or
11
any rule adopted under this Act may file suit in circuit court,
12
in the county where the alleged offense occurred or where any
13
employee who is party to this Action resides, without regard
14
to exhaustion of any alternative administrative remedies
15
provided in this Act. Actions may be brought by one or more
16
employees for and on behalf of themselves and other employees
17
similarly situated. An employee whose rights have been
18
violated under this Act by an employer is entitled to collect:
19

(1) in the case of a notice violation, statutory
20

damages in an amount of not less than $50 and not more than
21

$500 for the violation of each subpart of each section of
22

this Act;
23

(2) in the case of a health and safety violation, in
24

addition to all other relief available for injury,
25

compensatory damages and an amount of statutory damages of

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1

not less than $50 and not more than $500 for each violation
2

of this Act;
3

(3) in the case of unlawful retaliation, all relief
4

necessary to make the employee whole, including but not
5

limited to:
6

(A) permanent or preliminary injunctive relief;
7

(B) reinstatement with the same seniority status
8

that the employee would have had, but for the
9

violation;
10

(C) back pay, with interest of 9% per annum for no
11

more than 90 calendar days from the date the complaint
12

is filed and front pay;
13

(D) liquidated damages of up to $10,000;
14

(E) compensation for any costs incurred as a
15

result of the violation, including litigation costs,
16

expert witness fees, and reasonable attorney's fees;
17

and
18

(F) a civil penalty of $10,000, payable to the
19

employee.
20

(b) The right of an aggrieved employee to bring an action
21
under this Section terminates upon the passing of 3 years
22
after the date of the violation. This limitations period is
23
tolled if an employer or prospective employer has failed to
24
provide an employee or prospective employer information
25
required under this Act or has deterred an employee or
26
prospective employee from the exercise of rights under this

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1
Act.
2

(c) Nothing in this Section shall be construed to limit in
3
any way an employee's rights to bring an action for injury
4
through a tort action, workers compensation, union grievance
5
procedure or any other legal avenue available to an employee.

6

Section 65.
No diminution of obligations.
7

(a) No provision of this Act or any rules adopted under
8
this Act shall be construed as:
9

(1) requiring an employer to diminish or reduce
10

protections provided by the employer under an employer
11

policy or collective bargaining agreement that are more
12

favorable to employee safety than the protections required
13

by this Act or that provide rights or benefits to
14

employees not provided by this Act;
15

(2) prohibiting an employer from agreeing to provide
16

protections under an employer policy or collective
17

bargaining agreement that are more favorable to employees
18

than the protections required by this Act or to provide
19

rights or benefits to employees not provided by this Act;
20

or
21

(3) superseding any law providing collective
22

bargaining rights for employees or in any way reducing,
23

diminishing, or adversely affecting those collective
24

bargaining rights or the obligations of employers under
25

any law.

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1

(b) To the extent any federal heat stress standard law,
2
rule, or regulation is more favorable to employees than any
3
requirement of this Act, the Director shall update the heat
4
stress standard rule to align with the federal standard.

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