Bill Amendment: IL HB3762 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EXTREME WORKPLACE TEMPS

Status: 2026-04-17 - House Floor Amendment No. 3 Rule 19(c) / Re-referred to Rules Committee [HB3762 Detail]

Download: Illinois-2025-HB3762-House_Amendment_002.html

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Rep. Edgar Gonz�lez, Jr.

Filed: 3/13/2026

 

 

 

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AMENDMENT TO HOUSE BILL 3762
AMENDMENT NO. ______. Amend House Bill 3762 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Workplace Extreme Temperature Safety Act.
Section 5. Findings. The General Assembly finds and
declares:
(a) As the frequency of extreme weather events continues
to grow, workers are at an increased risk of serious injury or
death. Heat stress or cold stress can occur at temperatures as
low as 40 degrees Fahrenheit or as high as 78 degrees
Fahrenheit, depending on the working conditions. Unaddressed,
heat stress and cold stress can cause a range of serious
conditions, including stroke and death if not treated
properly. Heat-related injuries and fatalities may be
underreported as heat stress exacerbates existing health

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problems, such as asthma, kidney failure, and heart disease,
leading to potential comorbidities being reported. Workers in
agriculture and construction are at the highest risk of
weather-related injuries, but the problem affects all workers
exposed to extreme temperatures, including indoor workers
without adequately climate-controlled environments or
appropriate personal protective equipment.
(b) From 1979 to 2022, more than 14,000 Americans have
died directly from heat-related causes, according to the
United States Environmental Protection Agency.
(c) In the absence of a temperature stress standard
adopted by the federal Occupational Safety and Health
Administration, the Department of Labor should adopt extreme
temperature safety standards.
Section 10. Definitions. In this Act:
"Acclimatization" means the body's temporary adaptation to
work in heat that occurs as a person is exposed to extreme
temperature over a period of 7 to 14 days, depending on the
amount of recent work in excessive heat and other factors, and
may be lost after 7 consecutive days away from working in the
excessive heat.
"Cold stress" means the net heat loss a worker experiences
due to the combined effects of metabolic heat production,
environmental conditions, and clothing, resulting in a drop in
body temperature.

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"Cold-related illness" means a medical condition resulting
from the body losing heat faster than it can produce heat,
creating a risk of severe injury, illness, or death.
"Department" means the Department of Labor.
"Director" means the Director of Labor or the Director's
designee.
"Employ" means to suffer or to permit to work, unless an
individual:
(1) has been and will continue to be free from control
and direction over the performance of the individual's
work, both under the individual's contract of service with
the employer and in fact;
(2) performs work that is either outside the usual
course of business or is performed outside of the places
of business of the employer, unless the employer is in the
business of contracting with parties for the placement of
employees; and
(3) is in an independently established trade,
occupation, profession, or business.
"Employee" means any individual employed by an employer.
For the purposes of this Act, an individual who has contracted
for employment with a day and temporary labor service agency
and assigned to a third-party client of the day and temporary
labor service agency, as those terms are defined in Section 5
of the Day and Temporary Labor Services Act, is considered an
employee of both the day and temporary labor service agency

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and the third-party client.
"Employer" means any individual, partnership, association,
or corporation, the State, a unit of local government, or a
school district or any agency, authority, department, bureau,
or instrumentality thereof, acting directly or indirectly in
the interest of an employer in relation to an employee.
"Employer" includes any day and temporary labor service agency
and third-party client, as those terms are defined in Section
5 of the Day and Temporary Labor Services Act.
"Engineering controls" means the use of devices to reduce
exposure to extreme temperatures. "Engineering controls"
includes fans, heating stations, misting stations, and air
conditioning. "Engineering controls" does not include wearable
items.
"Excessive cold" means conditions where cold temperatures
exceed the capacities of the human body to maintain normal
functions. "Excessive cold" includes conditions where the
temperature, including wind chill, is between 32 and 11
degrees Fahrenheit for outdoor work, at or below 65 degrees
Fahrenheit for light indoor work, or at or below 60 degrees
Fahrenheit for moderate to heavy indoor work.
"Excessive heat" means conditions where hot temperatures
exceed the capacities of the human body to maintain normal
functions. "Excessive heat" includes conditions where the wet
bulb globe temperature is between 79 and 90 degrees
Fahrenheit.

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"Extreme cold" means conditions where the temperature,
including wind chill, is below 10 degrees Fahrenheit.
"Extreme heat" means conditions where the wet bulb globe
temperature equals or exceeds 90 degrees Fahrenheit.
"Heat stress" means the net heat gain a worker experiences
due to the combined effects of metabolic heat production,
environmental conditions, and clothing, resulting in a rise in
body temperature.
"Heat-related illness" means a medical condition resulting
from the inability of the body to manage excess heat,
including heat rash, heat cramps, heat exhaustion, heat
syncope, and heat stroke.
"Heavy personal protective equipment" means specialized
safety equipment that significantly restricts heat removal
from the body, including, but not limited to, non-breathable
clothing, vapor barrier clothing, chemical resistant suits,
fire-resistant suits, and welding gear.
"Interested party" means an organization that monitors or
is attentive to compliance with public or worker safety or
other statutory requirements.
"Non-managerial employee" means an employee who does not
have the authority to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, discipline, or
responsibly direct other employees or adjust employee
grievances, or effectively recommend any such action, if the
exercise of the authority is not merely routine or clerical in

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nature but requires the consistent exercise of independent
judgment.
"Occupation" means any occupation, service, trade,
business, industry or branch or group of industries, or
employment or class of employment, in which employees are
employed.
"Occupational safety and health standard" means a rule
that requires either: (i) a condition that is reasonably
appropriate or necessary to make employment and places of
employment safe and healthful; or (ii) the adoption or use of a
means, method, operation, practice, or process that is
reasonably appropriate or necessary to make employment and
places of employment safe and healthful.
"Personal protective equipment" means specialized
clothing, equipment, or devices worn by employees to minimize
exposure to temperature-related hazards and protect against
temperature-related illness. "Personal protective equipment"
includes, but is not limited to:
(1) For heat stress mitigation: cooling vests,
moisture-wicking undergarments, light-colored and
breathable outer garments, wide-brim hats, and reflective
clothing designed to reduce heat absorption and facilitate
heat dissipation.
(2) For cold stress mitigation: insulated gloves and
mittens, thermal underlayers, windproof and
water-resistant outer garments, insulated footwear, face

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coverings, neck gaiters, and heated or battery-powered
warming devices designed to maintain body temperature and
prevent cold-related illness.
"Personal protective equipment" does not include standard
work clothing or uniforms that are not specifically designed
to address temperature-related hazards.
"Process requirement" means a documented operational
necessity where maintaining indoor temperatures at or above
the excessive cold thresholds or at or below the excessive
heat thresholds would fundamentally compromise product safety,
product integrity, or equipment function. "Process
requirement" does not include cost considerations, production
speed preferences, or general business convenience.
"Temperature-related illness" means any heat-related
illness or cold-related illness.
"Work site" means any location where an employee performs
work for an employer, including, but not limited to, indoor
facilities, outdoor locations, construction sites,
agricultural fields, warehouses, manufacturing plants, and
vehicles used in the course of employment. "Work site" does
not include an employee's private residence when the employee
works remotely from home.
Section 15. Implementation contingent on appropriation.
(a) The implementation of this Act is contingent on the
General Assembly appropriating sufficient funds for the

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Department to carry out its responsibilities under this Act.
(b) If the General Assembly does not appropriate
sufficient funds for the Department to carry out its
responsibilities by the dates specified in this Act, then all
implementation deadlines under this Act are extended until 6
months after the General Assembly appropriates sufficient
funds for the Department to carry out its responsibilities
under this Act.
Section 20. Establishment of extreme temperature safety
standards.
(a) No later than January 1, 2027, the Director shall
adopt rules to establish excessive temperature standards.
Beginning on January 1, 2027 and through December 31, 2027,
the Department shall provide employers in this State with
information about the excessive temperature standards.
(b) Beginning on January 1, 2028, employers in this State
shall comply with the excessive temperature standards and the
safety standards established under Section 25. If rules are
not adopted under this Section before January 1, 2028, the
temperature standards are as follows:
(1) Excessive heat standards.
(A) When conditions meet the standard for
excessive heat, employers shall:
(i) provide potable drinking water that is
cooler than 61 degrees Fahrenheit;

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(ii) provide paid rest breaks and access to
shade, cool-down areas, or climate-controlled
spaces;
(iii) implement the prevention plan
requirements required under Section 25;
(iv) provide personal protective equipment for
heat stress mitigation; and
(v) monitor environmental conditions and
worker physiological status.
(B) When conditions meet the standard for extreme
heat, employers shall implement the requirements set
forth in subparagraph (A) and:
(i) mandatory cool-down breaks aligned with
ACGIH Threshold Limit Values and NIOSH Heat Stress
Standards;
(ii) enhanced monitoring frequency;
(iii) work-rest schedules informed by
recognized occupational health standards;
(iv) work schedule modifications, task
rotation, or work cessation during peak extreme
heat periods; and
(v) for work requiring heavy personal
protective equipment, adjusted temperature action
thresholds accounting for increased heat
retention.
(2) Excessive cold standards.

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(A) When conditions meet the standard for
excessive cold, employers shall:
(i) provide warm, non-caffeinated beverages;
(ii) provide paid rest breaks and access to
warming stations sheltered from wind and
precipitation;
(iii) implement the prevention plan
requirements required under Section 25;
(iv) provide personal protective equipment for
cold stress mitigation; and
(v) monitor environmental conditions and
worker physiological status.
(B) When conditions meet the standard for extreme
cold, employers shall implement the requirements set
forth in subparagraph (A) and:
(i) mandatory warm-up breaks aligned with
ACGIH Threshold Limit Values and NIOSH Cold Stress
Standards;
(ii) enhanced monitoring frequency;
(iii) work-rest schedules informed by
recognized occupational health standards;
(iv) enhanced personal protective equipment,
including full-body thermal protection and face
coverings;
(v) work schedule modifications or task
rotation to limit exposure duration; and

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(vi) the extreme cold protocols specified in
subsection (e) of Section 26.
(3) For work involving heavy personal protective
equipment, confined spaces, high radiant heat
environments, or rapid temperature transitions, employers
shall implement the enhanced protections specified in
Section 26.
(4) The standards set forth in this subsection do not
apply to incidental temperature exposures as specified in
subsection (l) of Section 25.
(5) At work sites where multiple employers' workers
are present, the employer requirements under this Section
include establishing clear lines of responsibility for
temperature-related illness prevention as specified in
Section 25.
Section 25. Occupational temperature-related illness and
injury prevention plan.
(a) No later than January 1, 2027, the Director shall
establish, by rule, an occupational temperature-related
illness and injury prevention plan that contains the
following:
(1) a standard that establishes temperature hazard
levels for employees that, if exceeded, trigger actions by
employers to protect employees from temperature-related
illness and injury; and

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(2) a requirement that, effective January 1, 2028,
each employer develop, implement, and maintain a plan to
effectively prevent temperature-related illness and injury
for its employees.
(b) The occupational temperature-related illness and
injury prevention plan shall, to the extent permitted by
federal law, be developed and implemented with the
participation of employees and employee representatives,
including collective bargaining representatives. The plan
shall be tailored and specific to the hazards in a place of
employment. The plan shall be in writing in both English and in
the language that each employee understands, if that language
is not English. The plan shall be provided to a new employee no
later 30 days after the employee's date of hiring. The plan
shall be provided to the Director, employees, and any employee
representatives, including collective bargaining
representatives, no later than the last business day of May
each year and shall be made available at other times of the
year upon written request. The Director shall develop a model
occupational temperature-related illness and injury prevention
plan, consistent with the provisions of this Act, that:
(1) includes model training for employees and
supervisors; and
(2) is tailored to the specific hazards in places of
employment with high risks of exposure to heat and cold.
An employer may adopt the Director's model occupational

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temperature-related illness and injury prevention plan, modify
that model plan, or develop the employer's own occupational
temperature-related illness and injury prevention plan,
consistent with the provisions of this Act, including the
employee participation requirements.
(b-5) Employers are encouraged to form worker safety
committees to oversee implementation of heat and cold illness
prevention programs. In workplaces with collective bargaining
representatives, the committees shall include union
representation.
(c) The occupational temperature-related illness and
injury prevention plan described in subsection (a) shall, at a
minimum, contain procedures and methods for the following:
(1) regular monitoring for employee exposure to heat
or cold to determine whether an employee's exposure has
been excessive;
(2) providing potable drinking water that is cooler
than 61 degrees Fahrenheit, available immediately and in
immediate and safe proximity to heat-impacted employees;
(3) providing heat-impacted employees with paid rest
breaks and access to shade, cool-down areas, or
climate-controlled spaces;
(4) providing warm, non-caffeinated beverages in
immediate and safe proximity to cold-impacted employees;
(5) providing cold-impacted employees with paid rest
breaks and access to warming stations sheltered from the

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wind and any precipitation;
(6) providing an emergency response for any employee
who has suffered injury as a result of being exposed to
excessive heat or cold;
(7) limiting the length of time an employee may be
exposed to heat or cold during the workday;
(8) establishing a worker acclimatization policy
conforming with the recommended alert limits as
established by "Occupational Exposure to Heat and Hot
Environments" published in 2016 by the Department of
Health and Human Services;
(9) for outdoor and indoor non-climate-controlled
environments, implementing a heat and cold alert system to
provide notification to employees when the National
Weather Service forecasts that excessive heat or excessive
cold is likely to occur in the following days in a locality
where an employer has employees, including:
(A) postponing tasks that are non-essential until
the excessive temperature condition subsides;
(B) instituting or increasing rest allowances;
(C) reminding workers to drink liquids in small
amounts frequently to prevent dehydration; and
(D) to the extent practicable, monitoring the
environmental heat index at job sites and resting
places;
(10) preventing hazards, including through the use of:

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(A) mandatory cool-down breaks aligned with ACGIH
Threshold Limit Values and NIOSH Heat Stress
Standards;
(B) mandatory warm-up breaks aligned with ACGIH
Threshold Limit Values and NIOSH Cold Stress
Standards;
(C) engineering controls that include the
isolation of hot or cold process requirements, the
isolation of employees from sources of heat or cold,
local exhaust ventilation, shielding from a radiant
heat source or freezers, insulation of hot surfaces,
air conditioning, cooling fans, evaporative coolers,
and natural ventilation;
(D) administrative controls that limit exposure to
a hazard by adjustment of work procedures or work
schedules, including rotating employees, scheduling
work earlier or later in the day, using work-rest
schedules, reducing work intensity or speed, and
changing required work clothing;
(E) personal protective equipment, including
water-cooled garments, heated garments, air-cooled
garments, reflective clothing, and cooling and heating
vests; and
(F) administrative controls on routine temperature
variation of more than 50 degrees Fahrenheit between
work spaces;

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(11) coordinating risk assessment efforts, plan
development, and implementation with other employers who
have employees who work at the same work site and
establishing clear lines of responsibility for
temperature-related illness prevention when multiple
employers' workers are present;
(12) allowing employees to contact the employer
directly and efficiently to communicate if the employee
feels like the employee is suffering from an extreme
temperature-related illness;
(13) establishing clear guidelines on the duration and
frequency of rest breaks based on temperature conditions,
work intensity, and use of heavy personal protective
equipment, with the guidelines informed by recognized
standards, including ACGIH Threshold Limit Values and
NIOSH guidance where applicable;
(14) encouraging the provision and use of
temperature-appropriate personal protective equipment,
including, but not limited to, cooling vests, wide-brim
hats, moisture-wicking clothing, and light-colored
garments for heat stress mitigation, and insulated gloves,
windproof layering, and heated devices for cold stress
mitigation;
(15) using advanced monitoring technologies, if
possible, to assess environmental conditions, including,
but not limited to, fixed-location temperature monitors,

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automatic cooling or heating systems triggered by
real-time temperature readings, wearable heat stress
monitors, automated heating or cooling systems, and any
other relevant technological safety innovations that may
arise in the future; and
(16) provide considerations for specialized work
environments, including industry-specific personal
protective equipment standards and tailored protections
for specialized work environments including, but not
limited to, pipelines, ventilation systems, and tunnels.
If employers use wearable physiological monitors as
described in paragraph (15), the use shall: (i) be voluntary
for employees; (ii) comply with all applicable privacy and
health information laws; (iii) include written policies
ensuring that health data will not be used for adverse
employment actions; and (iv) provide data access to the
monitored employee.
(c-5) Employers may not require employees to purchase,
provide, or maintain personal protective equipment as a
condition of employment.
(d) The occupational temperature-related illness and
injury prevention plan shall contain, at a minimum, annual
training and education, including training and education
concerning the following:
(1) the identification of extreme temperature-related
illness risk factors;

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(2) personal factors that may increase susceptibility
to temperature-related illness;
(3) signs and symptoms of temperature-related illness;
(4) different types of temperature-related illness;
(5) the importance of consuming fluids;
(6) available engineering control measures;
(7) administrative control measures;
(8) the importance of reporting temperature-related
symptoms;
(9) recordkeeping requirements and reporting
procedures;
(10) emergency response procedures, including on-site
first-aid protocols for temperature-related emergencies,
including:
(A) for heat stroke: immediate cooling methods,
including cold water immersion, ice packs to neck,
armpits or groin, misting and fanning, cool-first
before transport, and continuous monitoring;
(B) for hypothermia: gradual warming methods,
removal of wet clothing, insulation from cold
surfaces, warm non-alcoholic beverages if alert, and
avoiding direct heat sources;
(C) for frostbite: protection of affected area
without rewarming, avoiding pressure or friction on
frostbitten tissue, and seeking immediate medical
attention; and

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(D) for trench foot: immediate removal of wet
footwear, thorough drying of feet, elevation, and
avoidance of walking on affected feet; and
(11) rights granted under this Act.
(e) The occupational temperature-related illness and
injury prevention plan shall contain, at a minimum, special
training and education for employees who are supervisors, in a
language that each supervisor understands, in addition to the
training and education provided to all employees under
subsection (d), that shall include:
(1) procedures a supervisor shall follow with respect
to the prevention of employee exposure to excessive
temperatures;
(2) strategies to recognize high-risk situations,
including procedures to monitor weather reports and
weather advisories, to assess the risk of assigning an
employee to a situation that could predictably compromise
the safety of the employee, and to initially and regularly
monitor for employee exposure to heat or cold to determine
whether an employee's exposure has been excessive;
(3) emergency response procedures if an employee
exhibits signs or reports symptoms consistent with
temperature-related illnesses, including:
(A) for heat-related illness: heat rash, heat
cramps, heat exhaustion, heat syncope, and heat
stroke, with emphasis on progressive symptoms and

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recognizing when sweating stops as a danger sign;
(B) for cold-related illness: hypothermia,
frostbite, trench foot, and chilblains, with emphasis
on recognizing hypothermia progression, especially
when shivering stops, frostbite symptoms, including
numbness and white or gray skin, and that trench foot
can occur at temperatures as high as 60 degrees
Fahrenheit if conditions are wet; and
(C) recognition that victims of hypothermia or
heat stroke may not be aware of their own symptoms,
emphasizing the critical importance of co-worker
monitoring and the buddy system; and
(4) different types of temperature-related illness,
including the distinction between conditions treatable
on-site, such as heat exhaustion, heat cramps, or
frostnip, and medical emergencies requiring immediate
professional intervention, such as heat stroke, severe
hypothermia, or severe frostbite;
(f) The occupational temperature-related illness and
injury prevention plan shall require that the education and
training:
(1) be provided by an employer for each new employee
before starting a job assignment;
(2) allow employees opportunities to ask questions,
provide feedback, and request additional instruction,
clarification, or follow-up;

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(3) be provided by an individual with knowledge of
temperature-related illness prevention and the plan of the
employer;
(4) be appropriate in content and commensurate to the
language, education level, and literacy of each employee;
(5) be conducted during paid working hours and at no
cost to the employee; and
(6) be delivered in-person or through interactive
methods that allow for real-time questions and feedback.
(g) An employer shall maintain the following:
(1) records related to the temperature-related illness
and injury prevention plan, including temperature-related
illness risk and hazard assessments and identification,
evaluation, correction, and training procedures;
(2) data on all temperature-related illnesses,
injuries, and fatalities that have occurred at the place
of employment, including, but not limited to, the type of
temperature-related illness or injury experienced and
symptoms experienced, the cause of death, the time at
which manifestation of illness, injury, or death occurred,
environmental measures, including temperature and humidity
levels, at time of manifestation of illness, injury, or
death, a description of the location where the
manifestation of illness, injury, or death occurred; and
(3) data concerning environmental and physiological
measurements related to heat.

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(h) An employer shall make the records and data available,
on request, for examination and copying at no cost, to an
employee, an employee's authorized representatives, including
collective bargaining representatives, and to the Director.
The employer shall preserve the records and data for a minimum
of 5 years after the records or data are created.
(i) Employers shall comply with the provisions of the heat
stress and cold stress standards in accordance with this
Section no later than 60 days after the rules containing the
heat stress standard are adopted.
(k) This Act does not apply to any employees directly
involved in the protection of life or property, including, but
not limited to, lifeguards during active rescue operations,
firefighters during fire suppression or rescue operations,
paramedics during emergency medical response, law enforcement
personnel during emergency response to active threats, and
employees engaged in the emergency restoration of essential
infrastructure and services, including roads, bridges,
utilities, and communications. This subsection applies during
the period of active emergency response and does not exempt
routine operations, training, maintenance, or non-emergency
duties.
(l) This Act does not apply to incidental temperature
exposures where an employee is exposed to:
(1) conditions that meet the standard for excessive
heat, but not extreme heat, for less than 15 minutes in any

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120-minute period; or
(2) conditions that meet the standard for excessive
cold, but not extreme cold, for less than 15 minutes in any
60-minute period.
This subsection does not apply if employees are required
to perform high-intensity work, wear heavy personal protective
equipment, or work in confined spaces during exposures.
Section 26. Specialized work environments.
(a) The Director shall establish, by rule, detailed
standards for temperature stress prevention in specialized
work environments where workers face elevated risks,
including, but not limited to:
(1) work requiring heavy personal protective
equipment;
(2) confined spaces with restricted air circulation,
including pipelines, boiler rooms, tunnels, and similar
enclosures;
(3) high radiant heat environments; and
(4) work sites where rapid temperature transitions
occur.
(b) If employees are required to wear heavy personal
protective equipment, employers shall implement enhanced
protections, which may include:
(1) adjusting temperature action thresholds to account
for increased heat retention or cold exposure;

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(2) increasing the frequency and duration of rest
breaks;
(3) providing additional hydration or warming
resources; and
(4) monitoring environmental conditions more
frequently.
Employees wearing heavy personal protective equipment
shall be permitted to temporarily remove the equipment during
preventative rest breaks and the time required for removing
and putting on the equipment shall not count against the
duration of the rest break.
(c) For work in confined spaces where air circulation is
restricted, employers shall provide enhanced safety
precautions, including:
(1) continuous or frequent environmental monitoring;
(2) mechanical ventilation where feasible;
(3) modified work-rest schedules appropriate to the
space; and
(4) emergency extraction and response protocols.
(d) Employers shall ensure that all work sites, including
those in remote or temporary locations, have appropriate
emergency medical response protocols in place before work
begins.
(e) For work conducted in extreme cold:
(1) Employers shall implement extreme cold work
schedule modifications, which may include:

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(A) shortened work shifts with reduced maximum
continuous outdoor exposure periods;
(B) mandatory task rotation to limit individual
worker exposure to extreme cold conditions;
(C) increased frequency and duration of warm-up
breaks; or
(D) temporary work cessation until conditions
improve, except where work is necessary for active
emergency response as specified in subsection (k) of
Section 25 or for the protection of critical
infrastructure.
(2) The Director shall establish, by rule, specific
work-rest schedules and maximum exposure durations for
extreme cold conditions, taking into account:
(A) work intensity levels;
(B) personal protective equipment requirements and
capabilities;
(C) wind chill values and wind speeds;
(D) availability of warming stations and shelters;
(E) employee acclimatization status; and
(F) ACGIH Threshold Limit Values and NIOSH Cold
Stress Standards.
(3) Employers shall provide enhanced extreme cold
protections, including:
(A) continuous environmental monitoring of wind
chill and temperature;

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(B) physiological monitoring of workers for signs
of cold stress, hypothermia, or frostbite;
(C) full-body thermal protective equipment as
defined in Section 10, including insulated face
coverings and windproof outer layers;
(D) immediate access to warming stations with
adequate heating capacity;
(E) non-caffeinated heated beverages and warm,
nutritious food options;
(F) emergency medical protocols specifically
addressing hypothermia and frostbite; and
(G) buddy system or regular check-ins for workers
in extreme cold conditions.
(4) For workers wearing heavy personal protective
equipment, employers shall implement additional
accommodations to address both cold exposure and the
physical demands of wearing the equipment.
Section 27. Employer support and resources.
(a) The Department shall develop and make publicly
available educational materials, model prevention plans, and
training resources to assist employers in complying with this
Act. The materials shall be tailored to different industry
sectors and shall be available in multiple languages.
Materials and guidance should reference established standards,
including ACGIH Threshold Limit Values and NIOSH guidance

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where appropriate.
(b) The Department shall develop industry-specific
compliance guidance for sectors with unique
temperature-related hazards, including, but not limited to,
construction, manufacturing, agriculture, and pipeline work.
Section 30. Retaliation.
(a) It is a violation of this Act for an employer, or any
agent of an employer, to retaliate against an employee by
terminating the employment, disciplining, or taking any other
adverse action against any employee for exercising any right
under this Act. There shall be a rebuttable presumption of
unlawful retaliation under this Section if an employer takes
an adverse action against an employee within 90 days after the
employee exercises the employee's rights under this Act.
(b) It is a violation of this Act for an employer to
retaliate or take adverse action against an employee if the
employee:
(1) makes a complaint or threatens to make a complaint
to an employer, to a co-worker, to a community
organization, before a public hearing, or to a State or
federal agency that rights under this Act have been
violated;
(2) seeks assistance or intervention with respect to
temperature-related health symptoms from, the employer,
local emergency services, the federal government, the

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State, or a unit of local government;
(3) refuses to work if the employee reasonably
believes:
(A) that an employer has not met the minimum
requirements under this Act to prevent illness and
injury; or
(B) that performing the required work in extreme
temperature conditions may result in illness or
injury;
(4) participates in or attempts to participate in a
worker safety committee;
(5) uses or attempts to use wearable heat stress
monitors;
(6) institutes any proceeding under or related to this
Act; or
(7) testifies or prepares to testify in an
investigation or proceeding under this Act.
Section 35. Violations. The Department, or the Attorney
General pursuant to its authority under Section 6.3 of the
Attorney General Act, may issue a temporary emergency cease
and desist order to halt any conduct of the employer that is
warranted by public health and safety concerns or violates
this Act. The Attorney General shall seek a court order
extending any emergency cease and desist order to halt any
conduct of the employer that is warranted by the public health

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and safety concerns described in this Act as soon as
practicable. Before issuing a cease and desist order
authorized under this Section, the Attorney General shall
provide notice to the Director.
Section 40. Penalties.
(a) An employer who violates any provision of this Act or
any rule adopted under this Act shall be subject to a civil
penalty of not less than $100 and not more than $5,000 for each
violation found in an initial investigation by the Department
or determined by a circuit court in a civil action brought
either by an interested party or by the Attorney General
pursuant to its authority under Section 6.3 of the Attorney
General Act.
(b) An employer found by the Department or a circuit court
to have committed a subsequent violation of this Act within 3
years after the first finding shall be subject to a civil
penalty of not less than $250 and not more than $15,000 for the
violation.
(b-5) For purposes of this Section, each violation of this
Act for each employee and for each day the violation continues
shall constitute a separate and distinct violation. Any
penalty assessed under this Act against a corporation,
partnership, limited liability company, or sole proprietorship
shall be effective against any successor entity that: (i) is
engaged in the same or equivalent trade or activity; and (ii)

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has one or more of the same principals or officers, as the
corporation, partnership, limited liability company, or sole
proprietorship against which the penalty was assessed. In
determining the appropriateness of a penalty against an
employer, the Director or circuit court shall consider factors
such as the history of violations by the employer, the
seriousness of the violation, the good faith of the employer,
and the size of the employer's business. The amount of the
penalty may be: (i) recovered in a civil action brought by the
Director in any circuit court, represented by the Attorney
General; or (ii) ordered by the court, in an action brought by
any party, including the Attorney General, for a violation of
this Act.
(c) For any violation determined by the Department or
circuit court to be willful that occurs within 3 years of an
earlier violation, employers shall be subject to civil
penalties up to double the amounts specified in subsections
(a) and (b).
(d)(1) In any enforcement action under this Act where no
employee suffered injury or illness, an employer may assert as
an affirmative defense that:
(A) the employer was making good faith efforts to
comply with the requirements of this Act;
(B) the violation was minor, technical, or inadvertent
in nature;
(C) the employer had implemented and was maintaining a

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temperature-related illness and injury prevention plan as
required under Section 25;
(D) the employer promptly corrected the violation upon
discovery or notification; and
(E) the employer has no history of repeated or willful
violations of this Act.
(2) If an employer successfully establishes each element
of the affirmative defense under paragraph (1), the Director
may:
(A) issue a warning instead of a civil penalty;
(B) reduce the civil penalty to a nominal amount; or
(C) require corrective action with a reasonable
compliance period instead of an immediate civil penalty.
(3) The defense provided under this subsection does not
apply to:
(A) violations that result in employee injury,
illness, or death;
(B) willful or repeated violations;
(C) violations involving failure to implement any
temperature-related illness and injury prevention plan;
(D) a violation of Section 30; or
(E) situations where the employer failed to correct a
violation after receiving notice from the Department.
(4) The burden of proving a defense under this subsection
rests with the employer.

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Section 45. Enforcement.
(a) The Department shall enforce the provisions of this
Act when, in the Department's judgment, there is cause and
there are sufficient resources for investigation. The
Department shall have the authority to conduct investigations
in connection with the administration and enforcement of this
Act. The Director or the Director's designee may:
(1) enter and inspect the place of business of any
employer for the purpose of examining and inspecting the
employer's physical workplace;
(2) inspect or copy any records of the employer that
relate in any way to or have a bearing upon the question of
compliance with this Act;
(3) question any employee outside the presence of the
employer or any employer representative;
(4) access relevant records and work sites where
employees are exposed to extreme temperatures, including
sites with varying employer arrangements;
(5) conduct any tests at the employer's place of
business to determine if this Act has been violated; and
(6) require any employer to submit written statements,
including sworn statements, relating to compliance with
this Act as the Director may deem necessary or
appropriate.
(b) A representative of the employer and a non-managerial
representative of the employees shall be given an opportunity

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to accompany the Department during the physical inspection of
any workplace for the purpose of aiding the inspection.
The Department may permit additional representatives of
the employer and non-managerial representatives of the
employees to be present during the inspection if the
Department determines that the additional representatives will
aid the inspection. A different employer and non-managerial
employee representative may be present during each phase of
the inspection if doing so does not interfere with the
inspection.
The Department may resolve all disputes as to who shall be
the representative of the employer and the non-managerial
representative of the employees for purposes of this Act. If
there is no authorized representative of employees, or if the
Department is unable to determine with reasonable certainty
who the representative of the employees is, the Department
shall consult with a reasonable number of employees concerning
matters of safety and health in the workplace.
The representative of the employees may be an employee of
the employer or a third party. When the representative of the
employees is not an employee of the same employer, the
representative of the employees may be present during the
inspection if, in the judgment of the Department, good cause
has been shown why a third party is reasonably necessary to the
conduct of an effective and thorough physical inspection of
the workplace.

10400HB3762ham002 - 34 - LRB104 12261 SPS 34990 a
The Department may deny the right to be present during an
inspection to any person whose conduct interferes with a fair
and orderly inspection.
(c) The Director may compel, by subpoena, the attendance
and testimony of witnesses and the production of books,
payrolls, records, papers, and other evidence in any
investigation or hearing and may administer oaths to
witnesses.
(d) The Department shall conduct hearings in accordance
with the Illinois Administrative Procedure Act upon written
complaint by an investigator of the Department or any
interested party of a violation of this Act. After the
hearing, if supported by the evidence, the Department may:
(1) issue and cause to be served on any party an order
to cease and desist from further violation of this Act;
(2) take affirmative or other action as deemed
reasonable to eliminate the effect of the violation; and
(3) determine the amount of any civil penalty allowed
by this Act.
(e) If an employee or interested party complaint is the
basis for an investigation or inspection conducted by the
Director, the identity of the employee or interested party
that made the complaint shall be treated as confidential
unless the complainant consents to disclosure of the
complainant's identity.
(f) If the Director investigates, then the Director shall

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provide a written report to the complainant within a
reasonable time after the investigation has concluded.
Section 50. Review under Administrative Review Law. Any
party to a proceeding under this Act may apply for and obtain
judicial review of an order of the Department entered under
this Act in accordance with the provisions of the
Administrative Review Law and the Department in proceedings
under this Act may obtain an order from the court for the
enforcement of its order.
Section 55. Contempt. If it appears that an employer has
violated a valid order of the Department issued under this
Act, then the Director may commence an action and obtain from
the court an order commanding the employer to obey the order of
the Department or be adjudged guilty of contempt of court and
punished accordingly.
Section 60. Action for civil enforcement by an interested
party.
(a) Upon a reasonable belief that an employer covered by
this Act is in violation of any part of this Act, an interested
party may initiate a civil action in the county where the
alleged offenses occurred or where any party to the action
resides, asserting that a violation of this Act has occurred,
pursuant to the following sequence of events:

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(1) The interested party submits to the Department a
complaint describing the violation and naming the employer
alleged to have violated this Act.
(2) The Department sends notice of the complaint to
the named parties alleged to have violated this Act and
any interested party.
(3) The named party may either contest the alleged
violation or attempt to cure the alleged violation within
30 days after the receipt of the notice of the complaint.
If the named party does not respond within 30 days after
the receipt of the notice of the complaint, the Department
shall issue a notice of the right to sue to the interested
party as described in paragraph (4).
(4) The Department issues a notice of the right to sue
to the interested party, if one or more of the following
has occurred:
(A) the named party has not cured the alleged
violation to the satisfaction of the Director;
(B) the Director has determined that the
allegation is unjustified or that the Department does
not have jurisdiction over the matter or the parties;
or
(C) the Director has determined that the
allegation is justified or has not made a
determination, and either has decided not to exercise
jurisdiction over the matter or has concluded

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administrative enforcement of the matter.
(b) If, within 180 days after service of the notice of the
complaint to the parties, the Department has not (i) resolved
the contest and cure period, (ii) with the mutual agreement of
the parties, extended the time for the named party to cure the
violation and resolve the complaint, or (iii) issued a right
to sue letter, the interested party may initiate a civil
action for penalties. The parties may extend the 180-day
period by mutual agreement. The limitations period for the
interested party to bring an action for the alleged violation
of the Act shall be tolled for the 180-day period and for the
period of any mutually agreed extensions. At the end of the
180-day period or any mutually agreed extensions, the
Department shall issue a right to sue letter to the interested
party.
(c) Upon receipt of a right to sue letter from the
Department, an interested party may bring a civil action, in
the name of the State or for the benefit of any impacted
employee, in the county where the alleged offenses occurred or
where any party to the action resides. If the civil action is
brought in the name of the State:
(1) No later than 30 days after filing the action, the
interested party shall serve upon the State through the
Attorney General a copy of the complaint and written
disclosure of substantially all material evidence and
information the interested party possesses.

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(2) The State may elect to intervene and proceed with
the action no later than 60 days after it receives both the
complaint and the material evidence and information. The
State may, for good cause shown, move the court for an
extension of the time to intervene and proceed with the
action.
(3) Before the expiration of the 60-day period or any
extensions under subparagraph (2), the State shall:
(A) proceed with the action, in which case the
action shall be conducted by the State; or
(B) notify the court that it declines to take the
action, in which case the interested party bringing
the action shall have the right to conduct the action.
(4) When the State conducts the action, the interested
party shall have the right to continue as a party to the
action subject to the following limitations:
(A) the State may dismiss the action
notwithstanding the objections of the interested party
initiating the action if the interested party has been
notified by the State of the filing of the motion and
the court has provided the interested party with an
opportunity for a hearing on the motion; and
(B) the State may settle the action with the
defendant notwithstanding the objections of the person
initiating the action if the court determines, after a
hearing, that the proposed settlement is fair,

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adequate, and reasonable under all the circumstances.
(5) If an interested party brings an action under this
Section, no person other than the State may intervene or
bring a related action on behalf of the State based on the
facts underlying the pending action.
(6) An action brought in court by an interested party
under this Section may be dismissed if the court and the
Attorney General give written consent to the dismissal and
their reasons for consenting.
(d) Any claim or action filed by an interested party under
this Section shall be made no later than 3 years after the
alleged conduct resulting in the complaint, plus any period
for which the limitations period has been tolled.
(e) In an action brought by an interested party under this
Section, an interested party may recover against the covered
entity any statutory penalties set forth in Section 40,
injunctive relief, and any other relief available to the
Department. An interested party who prevails in a civil action
shall receive 10% of any statutory penalties assessed, plus
any attorney's fees and costs. The remaining 90% of any
statutory penalties assessed shall be deposited into a special
fund of the Department for enforcement of this Act.
Section 65. Private right of action.
(a) An employee aggrieved by any violation of this Act or
any rule adopted under this Act may file suit in circuit court,

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in the county where the alleged offense occurred or where any
employee who is party to the civil action resides, without
regard to exhaustion of any alternative administrative
remedies provided in this Act. A civil action may be brought by
one or more employees for and on behalf of themselves and other
employees similarly situated. An employee whose rights have
been violated under this Act by an employer is entitled to
collect:
(1) in the case of a notice violation, statutory
damages in an amount of not less than $50 and not more than
$500 for the violation of this Act;
(2) in the case of a health and safety violation, in
addition to all other relief available for injury,
compensatory damages and an amount of statutory damages of
not less than $50 and not more than $500 for each violation
of this Act;
(3) in the case of unlawful retaliation, all relief
necessary to make the employee whole, including, but not
limited to:
(A) permanent or preliminary injunctive relief;
(B) reinstatement with the same seniority status
that the employee would have had, but for the
violation;
(C) back pay, with interest of 9% per annum for no
more than 90 calendar days after the date the
complaint is filed, and front pay;

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(D) liquidated damages of up to $10,000;
(E) compensation for any costs incurred as a
result of the violation, including litigation costs,
expert witness fees, and reasonable attorney's fees;
and
(F) a civil penalty of $10,000, payable to the
employee.
(b) The right of an aggrieved employee to bring an action
under this Section terminates 3 years after the date of the
violation. This limitations period is tolled if an employer or
prospective employer has failed to provide an employee or
prospective employer information required under this Act or
has deterred an employee or prospective employee from the
exercise of rights under this Act.
(c) Nothing in this Section shall be construed to limit an
employee's rights to bring an action for injury through a tort
action, workers compensation, union grievance procedure, or
any other legal avenue available to an employee.
Section 70. No diminution of obligations.
(a) No provision of this Act or any rules adopted under
this Act shall be construed as:
(1) requiring an employer to diminish or reduce
protections that are provided by the employer under an
employer policy or collective bargaining agreement and
that either are more favorable to employee safety than the

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protections required by this Act or provide rights or
benefits to employees not provided by this Act;
(2) prohibiting an employer from agreeing to provide
under an employer policy or collective bargaining
agreement protections that are more favorable to employees
than the protections required by this Act or prohibiting
an employer from agreeing to provide rights or benefits to
employees not provided by this Act; or
(3) superseding any law providing collective
bargaining rights for employees or in any way reducing,
diminishing, or adversely affecting those collective
bargaining rights or the obligations of employers under
any law.
(b) To the extent any federal temperature safety law,
rule, or regulation is more favorable to employees than any
requirement of this Act, the Director shall update the extreme
temperature safety standard rules adopted under this Act to
align with the federal standard.
Section 97. Severability. Should one or more of the
provisions of this Act be held invalid, the invalidity shall
not affect any of the valid provisions hereof.
Section 99. Effective date. This Act takes effect upon
becoming law.".