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OSHA Final Rules

Notice of Initial Approval Determination; Illinois Public Employee Only State Plan   [9/1/2009]
[PDF]
FR Doc E9-21044
[Federal Register: September 1, 2009 (Volume 74, Number 168)]
[Rules and Regulations]               
[Page 45107-45116]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se09-4]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1956

[Docket No. OSHA-2009-0010]
RIN 1218-AC44

 
Notice of Initial Approval Determination; Illinois Public 
Employee Only State Plan

AGENCY: Occupational Safety and Health Administration, Department of 
Labor (OSHA).

ACTION: Final rule.

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SUMMARY: The Illinois Public Employee Only State Plan, a State 
occupational safety and health plan applicable only to public sector 
employees (employees of the State and its political subdivisions), is 
approved as a developmental plan under the Occupational Safety and 
Health Act of 1970 and OSHA regulations. Under the approved Plan, the 
Illinois Department of Labor is designated as the State agency 
responsible for the development and enforcement of occupational safety 
and health standards applicable to public employment throughout the 
State. The Occupational Safety and Health Administration (OSHA) retains 
full authority for coverage of private

[[Page 45108]]

sector employees in the State of Illinois as well as for coverage of 
Federal government employees.

DATES: Effective Date: September 1, 2009.

FOR FURTHER INFORMATION CONTACT: Press inquiries: Contact Jennifer 
Ashley, Office of Communications, Room N-3647, OSHA, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210; Telephone 
(202) 693-1999.
    General and technical inquiries: Contact Barbara Bryant, Director, 
Office of State Programs, Directorate of Cooperative and State 
Programs, OSHA, U.S. Department of Labor, Room N-3700, 200 Constitution 
Avenue, NW., Washington, DC 20210, Telephone (202) 693-2244 or Fax 
(202) 693-1671.

SUPPLEMENTARY INFORMATION:

A. Introduction

    Section 18 of the Occupational Safety and Health Act of 1970 (the 
``Act''), 29 U.S.C. 667, provides that a State which desires to assume 
responsibility for the development and enforcement of standards 
relating to any occupational safety and health issue with respect to 
which a Federal standard has been promulgated may submit a State Plan 
to the Assistant Secretary of Labor for Occupational Safety and Health 
(``Assistant Secretary'') documenting the proposed program in detail. 
Regulations promulgated pursuant to the Act at 29 CFR Part 1956 provide 
that a State may submit a State Plan for the development and 
enforcement of occupational safety and health standards applicable only 
to employees of the State and its political subdivisions (``public 
employees''). State and local government workers are excluded from 
Federal coverage under the Act and are provided protection only through 
the vehicle of a State Plan approved pursuant to Section 18 of the Act.
    Under these regulations the Assistant Secretary will approve a 
State Plan for public employees if the Plan provides for the 
development and enforcement of standards relating to hazards in 
employment covered by the Plan which are or will be at least as 
effective in providing safe and healthful employment and places of 
employment for public employees as standards promulgated and enforced 
under section 6 of the OSH Act, giving due consideration to differences 
between public and private sector employment. In making this 
determination the Assistant Secretary will consider, among other 
things, the criteria and indices of effectiveness set forth in 29 CFR 
Part 1956, Subpart B.
    A State Plan for public employees may receive initial approval even 
though, upon submission, it does not fully meet the criteria set forth 
in Sec. Sec.  1956.10 and 1956.11, if it includes satisfactory 
assurances by the State that it will take the necessary steps, and 
establishes an acceptable developmental schedule, to meet the criteria 
within a three year period (29 CFR 1956.2(b)). The Assistant Secretary 
may publish a notice of ``certification of completion of developmental 
steps'' when all of a State's developmental commitments have been met 
satisfactorily (29 CFR 1956.23; 1902.33 and 1902.34) and the Plan is 
structurally complete. After certification of a State Plan for public 
employees, OSHA may initiate a period of at least one year of intensive 
performance monitoring, after which OSHA may make a determination under 
the procedures of Sec. Sec.  1902.38, 1902.39, 1902.40 and 1902.41 as 
to whether, on the basis of actual operations, the criteria set forth 
in Sec. Sec.  1956.10 and 1956.11 for ``at least as effective'' State 
Plan performance are being applied under the Plan.

B. History of the Present Proceeding

    In 1973 the Illinois Industrial Commission and the Illinois 
Department of Labor obtained OSHA approval of a State Plan for the 
enforcement of occupational safety and health standards covering 
private sector workplaces as well as a program for public employees in 
Illinois. That Plan was approved by the Assistant Secretary on November 
5, 1973 (38 FR 30436; 29 CFR 1952.280 et seq.). The Plan was 
subsequently withdrawn effective June 30, 1975 by the State of Illinois 
under the authority of then Governor Dan Walker after the State was 
unable to make necessary modifications to its program and statutory 
authority, and its State funding was withdrawn (40 FR 24523).
    Since 1985, the Illinois Department of Labor (IDOL), Safety 
Inspection and Education Division (SIED), has adopted standards and 
performed inspections in the public sector (State, county, and 
municipal employees) as outlined under the provisions of the State's 
existing enabling legislation: the Illinois Safety Inspection and 
Education Act (SIEA) [820 ILCS 220] and the Illinois Health and Safety 
Act (HSA) [820 ILCS 225]. In 2005, Illinois began working on a Public 
Employee Only State Plan and submitted a draft Plan to OSHA in May 
2006. OSHA's review findings were detailed in various memoranda and 
other documents, including a May 18, 2007 letter to the Illinois 
Department of Labor Director Catherine Shannon. OSHA determined that 
the Illinois statutes, as structured, and the proposed State Plan 
presented several obstacles to meeting the Federal Public Employee Only 
State Plan approval criteria in 29 CFR 1956. Amendments to both the 
Illinois Safety Inspection and Education Act and the Illinois Health 
and Safety Act were proposed and enacted by the Illinois General 
Assembly and signed into law by the Governor in 2006 and 2007. The 
amended legislation provides the basis for establishing a comprehensive 
occupational safety and health program applicable to public employees 
in the State.
    Illinois formally submitted a revised Plan applicable only to 
public employees for Federal approval on June 18, 2008. Over the next 
several months, OSHA worked with Illinois in identifying areas of the 
proposed Plan which needed to be addressed or required clarification. 
In response to Federal review of the proposed State Plan, supplemental 
assurances, and revisions, corrections and additions to the Plan were 
submitted on April 8, 2009 and May 15, 2009. Further modifications were 
submitted by the State on June 8, 2009. The revised IDOL/SIED Plan has 
been found to be conceptually approvable as a developmental State Plan.
    The Act provides for funding of up to 50% of the State Plan costs, 
but longstanding language in OSHA's appropriation legislation further 
provides that OSHA must fund ``* * * no less than 50% of the costs 
required to be incurred'' by an approved State Plan. Such Federal funds 
to support the State Plan must be available prior to State Plan 
approval. The Omnibus Appropriations Act for Fiscal Year 2009 includes 
$1.5 million in additional OSHA State Plan grant funds to allow for 
Department of Labor approval of an Illinois State Plan.
    On July 10, 2009, OSHA published notice in the Federal Register (74 
FR 33189) concerning the submission of the Illinois Public Employee 
Only State Plan, announcing that initial Federal approval of the Plan 
was at issue, and offering interested parties an opportunity to review 
the Plan and submit data, views, arguments or requests for a hearing 
concerning the Plan. The Illinois Department of Labor similarly 
published notice of the availability of the State Plan for comment on 
July 15, 2009 in the Daily Herald newspaper in Illinois.
    To assist and encourage public participation in the initial 
approval process, the documents constituting the Illinois State Plan 
for Public Employees Only are available at http://

[[Page 45109]]

www.regulations.gov as Docket No. OSHA-2009-0010. Copies of the 
Illinois State Plan also were maintained and are available for 
inspection in the OSHA Docket Office, Technical Data Center, Room N-
2625, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210; OSHA's Regional Office in Chicago, Illinois, at 
230 South Dearborn Street, 32nd Floor, Room 3244, Chicago, IL 60604; 
and at the Offices of the Illinois Department of Labor, Safety 
Inspection and Education Division at 1 West Old State Capitol Plaza, 
3rd floor, Springfield, IL 62701; 160 North LaSalle Street, Suite C-
1300, Chicago, IL 60601; or 2309 West Main Street, Suite 115, Marion IL 
62959.
    Electronic copies of this notice, as well as news releases and 
other relevant information, are available on OSHA's Web page at http://
www.osha.gov.

C. Summary and Evaluation of Comments Received

    In response to OSHA's July 10, 2009, Federal Register notice, which 
announced the submission of the Illinois Public Employee Only State 
Plan and its availability for public comment, nine (9) written public 
comments were submitted by: (1) Mark Bishop, Deputy Director, Healthy 
Schools Campaign (Document  OSHA-2009-0010-0024); (2) Linda 
Gibbons, Certified School Nurse, Illinois Association of School Nurses 
(Document  OSHA-2009-0010-0028); (3) Brenda McCracken and (4) 
Patrick Genovese, President, Three Rivers Chapter of the American 
Society of Safety Engineers (Document  OSHA-2009-0010-0025 and 
0026); (5) Lorraine M. Conroy, Associate Professor, Environmental and 
Occupational Health Sciences, and eight other officials of the 
University of Illinois, School of Public Health at Chicago (Document 
 OSHA-2009-0010-0029); (6) Symantha Aydt, School of Labor and 
Employment Relations, University of Illinois (Document  OSHA-
2009-0010-0030 and 0031); (7) Scott D. Miller, Counsel, American 
Federation of State, County and Municipal Employees, Council 31, 
Chicago, Illinois (Document  OSHA-2009-0010-0032); (8) C. 
Christopher Patton, President, American Society of Safety Engineers 
(Document  OSHA-2009-0010-0034); and (9) John T. Coli, 
President, Teamsters Joint Council 25 (Document  OSHA-2009-
0010-0035).
    Mark Bishop, Deputy Director of the Healthy Schools Campaign 
(exhibit 0024), expressed support for the Illinois PEO State Plan, in 
particular IDOL's protection of the health and safety of school 
teachers and staff.
    Linda J. Gibbons, Certified School Nurse and member of the Illinois 
Association of School Nurses (exhibit 0028), also expressed support for 
the Illinois PEO State Plan.
    The comments from Patrick Genovese, President, Three Rivers Chapter 
of the American Society of Safety Engineers (ASSE) (exhibit 0026), as 
transmitted by Brenda McCrackin (exhibit 0025), supported the State of 
Illinois, for its ``* * * intent to establish an Illinois Public 
Employee Only State Plan'', and the extension of such coverage to all 
public employees either under Federal standards or through other non-
State Plan states following Illinois' example. In addition, Mr. 
Genovese mentioned efforts ASSE members in Florida have taken to see 
that public sector workers are protected and the successes that other 
established State Plans have achieved.
    The comments from Lorraine M. Conroy, Associate Professor of 
Environmental and Occupational Health Sciences at the University of 
Illinois at Chicago and eight other officials of the University of 
Illinois, School of Public Health (exhibit 0029), supported approval of 
the Illinois PEO State Plan. In addition, Ms. Conroy requested 
clarification in the areas of coverage, the complaint process, 
discrimination, rule making, penalties, and comprehensive safety and 
health programs in order to assure that the Illinois program is as 
effective, or more effective, than Federal OSHA.
    Symantha Aydt of the School of Labor and Employment Relations at 
the University of Illinois (exhibits 0030 and 0031) requested 
clarifications in several areas, including methods for compelling 
compliance, the State's voluntary compliance program, and coverage of 
prisoners and volunteers.
    Scott D. Miller, Counsel, American Federation of State, County and 
Municipal Employees (AFSCME), Council 31 (exhibit 0032), which 
represents more than 75,000 State government public-service workers as 
well as ``thousands'' of local government employees in Illinois, 
supported approval of the Illinois PEO State Plan. However, Mr. Miller, 
on behalf of AFSCME, requested that the State provide ``a heightened 
level of assurances'' that it will provide adequate matching funds, 
that its compliance officers will receive comprehensive training on 
hazards in the public sector, that it consider expanded use of its 
first-instance sanction authority, that the independence of its 
Administrative Law Judges be assured through specific regulations and 
separation from IDOL's legal department, that procedural rules be 
developed to implement the right of employees and their representatives 
to challenge the State's failure to enforce, and that IDOL undertake 
outreach beyond its poster to inform public employees of their rights 
and responsibilities under the Plan.
    C. Christopher Patton, President, American Society of Safety 
Engineers (exhibit 0034) on behalf of its 32,000 members nationwide and 
1,400 members in Illinois, supported approval of the Illinois PEO State 
Plan. Mr. Patton also supported the extension of such coverage to all 
public employees either under Federal standards or through other non-
State Plan states following Illinois' example and mentioned efforts 
ASSE members in Florida have taken to see that public sector workers 
are protected.
    John T. Coli, President, Teamsters Joint Council 25 (exhibit 0035) 
supported approval of the Illinois PEO State Plan on behalf of the 
Joint Council and the 22 local unions under its jurisdiction, who 
collectively represent approximately 50,000 members in Illinois State 
and municipal governments. Mr. Coli emphasized the need for adequate 
assurances that Illinois will fund ``a fully trained and adequate 
staff,'' support for monetary penalties for failure to correct and 
egregious violations, the importance of the independence of the 
adjudicatory process, and workers' right to request a hearing regarding 
the reasonableness of the abatement period.
    Several of the commenters requested that the Plan extend coverage 
to include safety and health protection of students and other non-
employee classes. Both Federal OSHA's and State Plans' jurisdiction is 
statutorily limited to the working conditions of employees and does not 
extend to coverage of the general public or of students. However, the 
Illinois PEO State Plan extends coverage to students who are working, 
such as teaching or research assistants in public colleges and 
universities. Improved working conditions for public school employees 
likely result in benefits for students as well.
    OSHA has carefully considered the public comments and finds that 
none of the commenters offered specific facts or observations that 
would preclude approval of the Illinois State Plan or questioned 
whether the plan meets the statutory and regulatory criteria for 
initial approval as a developmental plan. All of the commenters listed 
above indicated their support for OSHA approval of the Illinois Public 
Employee Only State Plan. However, included in the public comment are 
many useful

[[Page 45110]]

suggestions for program clarifications and enhancements. OSHA will 
require the State to address these issues as they develop the key 
elements of their program during the next three years. No requests for 
a public hearing were submitted.

D. Review Findings

    As required by 29 CFR 1956.2 in considering the granting of initial 
approval to a Public Employee Only State Plan, OSHA must determine 
whether the State Plan meets or will meet the criteria in 29 CFR 
1956.10 and the indices of effectiveness in 29 CFR 1956.11. Findings 
and conclusions in each of the major State Plan areas addressed by 29 
CFR 1956 are as follows:

(1) Designated Agency

    Section 18(c)(1) of the OSH Act provides that a State occupational 
safety and health program must designate a State agency or agencies 
responsible for administering the Plan throughout the State (29 CFR 
1956.10(b)(1)). The Plan must describe the authority and 
responsibilities of the designated agency and provide assurance that 
other responsibilities of the agency will not detract from its 
responsibilities under the Plan (29 CFR 1956.10(b)(2)). The Illinois 
Department of Labor is designated by the Illinois Safety Inspection and 
Education Act [820 ILCS 220] and the Illinois Health and Safety Act 
[820 ILCS 225] as the sole agency responsible for administering and 
enforcing the public employee protection program in Illinois. The 
Illinois Department of Labor, Safety Inspection and Education Division 
is designated as the agency responsible for the Public Employee Only 
State Plan. The Plan describes the authority of the Illinois Department 
of Labor and its other responsibilities. (A separate agency, the 
Illinois Department of Commerce and Economic Development delivers 
OSHA's On-Site Consultation program to private sector employers 
throughout the State.) (Illinois State Plan, pp. 1-3)

(2) Scope

    Section 18(c)(6) of the OSH Act provides that the State, to the 
extent permitted by its law, shall under its Plan establish and 
maintain an effective and comprehensive occupational safety and health 
program applicable to all employees of the State and its political 
subdivisions. Only where a State is constitutionally precluded from 
regulating occupational safety and health conditions in certain 
political subdivisions may the State exclude such political subdivision 
employees from further coverage (29 CFR 1956.2(c)(1)). Further, the 
State may not exclude any occupational, industrial or hazard groupings 
from coverage under its Plan unless OSHA finds that the State has shown 
there is no necessity for such coverage (29 CFR 1956.2(c)(2)).
    The scope of the Illinois State Plan includes any employee of the 
State, including members of the General Assembly, members of the 
various State commissions, persons employed by public universities and 
colleges, and employees of counties, cities, townships, school 
districts, municipal corporations, etc. No employees of any political 
subdivision of the State or local government are excluded from the 
Plan. However, the definition of public employee does not extend to 
students or incarcerated or committed individuals in public 
institutions, or volunteers, unless they receive benefits such as 
health insurance or Workers' Compensation. The Illinois Department of 
Labor will adopt all Federal OSHA occupational safety and health 
standards, and the Plan excludes no occupational, industrial or hazard 
grouping.
    Consequently, OSHA finds that the Illinois Plan contains 
satisfactory assurances that no employees of the State and its 
political subdivisions are excluded from coverage, and the plan 
excludes no occupational, industrial or hazard grouping. (Illinois 
State Plan, p. 2)

(3) Standards

    Section 18(c)(2) of the OSH Act requires State Plans to provide for 
occupational safety and health standards which are at least as 
effective as Federal OSHA standards. A State Plan for public employees 
must therefore provide for the development or adoption of such 
standards and must contain assurances that the State will continue to 
develop or adopt such standards (29 CFR 1956.10(c); 1956.11(b)(2)(ii)). 
A State may establish the same standards as Federal OSHA (29 CFR 
1956.11(a)(1)), or alternative standards that are at least as effective 
as those of Federal OSHA (29 CFR 1956.11(a)(2)). Where a State's 
standards are not identical to Federal OSHA, they must meet the 
following criteria: they must be promulgated through a procedure 
allowing for consideration of all pertinent factual information and 
participation of all interested persons (29 CFR 1956.11(b)(2)(iii)); 
must, where dealing with toxic materials or harmful physical agents, 
assure employee protection throughout his or her working life (29 CFR 
1956. 11(b)(2)(i)); must provide for furnishing employees appropriate 
information regarding hazards in the workplace through labels, posting, 
medical examinations, etc. (29 CFR 1956.11(b)(2)(vi)); and, must 
require suitable protective equipment, technological control, 
monitoring, etc. (29 CFR 1956.11(b)(2)(vii)).
    In addition, the State Plan must provide for prompt and effective 
standards setting actions for protection of employees against new and 
unforeseen hazards, by such means as authority to promulgate emergency 
temporary standards (29 CFR 1956.11(b)(2)(v)).
    Under the Plan's legislation, the Illinois Safety Inspection and 
Education Act [820 ILCS 220] and the Illinois Health and Safety Act 
[820 ILCS 225], the Illinois Department of Labor has full authority to 
adopt standards and regulations and enforce and administer all laws and 
rules protecting the safety and health of employees of the State and 
its political subdivisions. The procedures for State adoption of 
Federal occupational safety and health standards include publication of 
a first and second notice in the Illinois Register, opportunity for a 
public hearing, notification to the Joint Committee on Administrative 
Rules, etc., in accordance with the Illinois Administrative Procedures 
Act [5 ICLS 100]. Illinois has adopted State standards identical to 
Federal occupational safety and health standards as promulgated through 
September 30, 2005. The State Plan includes a commitment to update all 
standards within one year after Plan approval. The Plan also provides 
that future OSHA standards and revisions will be adopted by the State 
within six months of Federal promulgation in accordance with the 
requirements at 29 CFR 1953.5.
    Under the Plan, the Illinois Department of Labor has the authority 
to adopt alternative or different occupational safety and health 
standards where no Federal standards are applicable or where more 
stringent standards are deemed advisable. Such standards will be 
adopted in accordance with the State Acts and the Illinois 
Administrative Procedures Act, which include provisions allowing 
submissions from interested persons and the opportunity to participate 
in any hearing for the development, modification or establishment of 
standards. (Illinois State Plan, pp. 4-6)
    The Illinois State Plan also provides for the adoption of Federal 
emergency temporary standards within 30 days of Federal promulgation. 
(Illinois State Plan pp. 5-6)

[[Page 45111]]

    Based on the preceding Plan provisions, assurances, and 
commitments, OSHA finds the Illinois State Plan to have met the 
statutory and regulatory requirements for initial plan approval with 
respect to occupational safety and health standards.

(4) Variances

    A State Plan must provide authority for the granting of variances 
from State standards upon application of a public employer or employers 
which corresponds to variances authorized under the OSH Act, and for 
consideration of the views of interested parties, by such means as 
giving affected employees notice of each application and an opportunity 
to request and participate in hearings or other appropriate proceedings 
relating to applications for variances (29 CFR 1956.11(b)(2)(iv)).
    Section 4.2 of the Illinois Health and Safety Act [820 ILCS 225] 
includes provisions for the granting of permanent and temporary 
variances from State standards to public employers in terms 
substantially similar to the variance provisions contained in the 
Federal Act. The State provisions require employee notification of 
variance applications as well as employee rights to participate in 
hearings held on variance applications. Variances may not be granted 
unless it is established that adequate protection is afforded employees 
under the terms of the variance. However, the State's variance 
procedures at 56 ILAC 350.40 require revision. The State has provided 
assurances in its developmental schedule that within two years of 
initial plan approval it will amend its regulations to reflect variance 
provisions equivalent to those contained in the Federal 29 CFR 1905. 
(Illinois State Plan pp. 7-8 and 19)

(5) Enforcement

    Section 18(c)(2) of the OSH Act and 29 CFR 1956.10(d)(1) require a 
State Plan to include provisions for enforcement of State standards 
which are or will be at least as effective in providing safe and 
healthful employment and places of employment as the Federal program, 
and to assure that the State's enforcement program for public employees 
will continue to be at least as effective as the Federal program in the 
private sector.
    (a) Legal Authority. The State must require public employer and 
employee compliance with all applicable standards, rules and orders (29 
CFR 1956.10(d)(2)) and must have the legal authority for standards 
enforcement (section 18(c)(4)), including compulsory process (29 CFR 
1956.11(c)(2)(viii)).
    Section 3 of the Illinois Health and Safety Act [820 ILCS 225/3] 
establishes the duty of public employers to provide a place of 
employment free of recognized hazards, to comply with the Illinois 
Department of Labor's occupational safety and health standards, to 
inform employees of their protections and obligations and provide 
information on hazards in the workplace. Public employees must comply 
with all standards and regulations applicable to their own actions and 
conduct.
    (b) Inspections. A State Plan must provide for inspection of 
covered workplaces, including in response to complaints, where there 
are reasonable grounds to believe a hazard exists (29 CFR 
1956.11(c)(2)(i)).
    When no compliance action results from inspection of violations 
alleged by employee complaints, the State must notify the complainant 
of its decision not to take compliance action by such means as written 
notification and opportunity for informal review (29 CFR 
1956.11(c)(2)(iii)).
    Sections 2 and 2.1 of the Illinois Safety Inspection and Education 
Act (SIEA) [820 ILCS 220] provide for inspections of covered 
workplaces, including inspections in response to employee complaints, 
by the Director of Labor. If a determination is made that an employee 
complaint does not warrant an inspection, the complainant will be 
notified in writing of such determination. The complainant will be 
notified of the results of any inspection in writing and provided a 
copy of any citation that is issued. Employee complainants may request 
that their names not be revealed. (Illinois State Plan, pp. 10-11)
    (c) Employee Notice and Participation in Inspection. In conducting 
inspections, the State Plan must provide an opportunity for employees 
and their representatives to point out possible violations through such 
means as employee accompaniment or interviews with employees (29 CFR 
1956.11(c)(2)(ii)).
    The Illinois Safety Inspection and Education Act provides the 
opportunity for employer and employee representatives to accompany a 
Department of Labor inspector for the purpose of aiding the inspection. 
Where there is no authorized employee representative, the inspectors 
are required to consult with a reasonable number of employees 
concerning matters of safety and health in the workplace. (820 ILCS 
220/2(b)(6))
    In addition, the State Plan must provide that employees be informed 
of their protections and obligations under the Act by such means as the 
posting of notices (29 CFR 1956.11(c)(2)(iv)); and provide that 
employees have access to information on their exposure to regulated 
agents and access to records of the monitoring of their exposure to 
such agents (29 CFR 1956.11(c)(2)(vi)).
    The Plan provides for notification to employees of their 
protections and obligations under the Plan by such means as a State 
poster, required posting of notices of violation, etc. The State has 
provided assurances in its developmental schedule to update and submit 
the State poster for posting at all public sector workplaces in the 
State within one year of initial plan approval. (Illinois State Plan, 
p. 20)
    Section 2.5 of the Illinois Safety Inspection and Education Act 
authorizes the Director of Labor to issue rules requiring employers to 
maintain accurate records of employee exposures to potentially toxic 
materials or harmful physical agents. Information on employee exposure 
to regulated agents, access to medical and exposure records, and 
provision and use of suitable protective equipment is provided through 
State standards which will be updated within one year of plan approval. 
(Illinois State Plan, p. 13; p. 19)
    (d) Nondiscrimination. A State is expected to provide appropriate 
protection to employees against discharge or discrimination for 
exercising their rights under the State's program, including provision 
for employer sanctions and employee confidentiality (29 CFR 
1956.11(c)(2)(v)).
    Section 2.2 of the Illinois Safety Inspection and Education Act 
[820 ILCS 220] provides that a person may not discharge or in any other 
way discriminate against any employee because the employee has filed a 
complaint or instituted or caused to be instituted any proceeding under 
or related to the Acts or has testified or is about to testify in any 
such proceeding or because of the exercise by the employee on behalf of 
himself or herself or others of any right afforded by the State Acts.
    The SIEA provides that an employee who believes that he or she has 
been discharged or otherwise discriminated against by any person in 
violation of this section may, within 30 calendar days after the 
violation occurs, file a complaint with the Director of Labor alleging 
the discrimination. The Plan provides that the Director shall 
investigate such complaints as appropriate and make a determination 
within 90 days. If the Director determines that the provisions of this

[[Page 45112]]

section have been violated, the Director shall bring an action in the 
circuit court for appropriate relief. (820 ILCS 220/2.2 and Illinois 
State Plan, p.11)
    The Illinois State Plan provides for protection of employees 
against discharge or discrimination resulting from exercise of their 
rights under the State Acts in terms essentially identical to section 
11(c) of the Federal Act.
    (e) Restraint of Imminent Danger. A State Plan is required to 
provide for the prompt restraint of imminent danger situations (29 CFR 
1956.11(c)(2)(vii)).
    Section 2(b)(7)(B) of the Illinois Safety Inspection and Education 
Act [820 ILCS 220] provides that the Director may file a complaint in 
the circuit court for appropriate relief, by such means as an order to 
cease and desist, to restrain any conditions or practices in the 
workplace which the Director determines, in accordance with the State 
Acts, are such that a danger exists which could reasonably be expected 
to cause death or serious physical harm immediately or before the 
danger could be eliminated through the enforcement process. (Illinois 
State Plan, p. 10)
    (f) Right of Entry; Advance Notice. A State program is required to 
have authority for right of entry to inspect and compulsory process to 
enforce such right equivalent to the Federal program (section 18(c)(3) 
of the OSH Act and 29 CFR 1956.10(e)). Likewise, a State is expected to 
prohibit advance notice of inspection, allowing exception thereto no 
broader than in the Federal program (29 CFR 1956.10(f)).
    Section 2(b)(3) of the Illinois Safety Inspection and Education Act 
[820 ILCS 220] provides that the Director of Labor has the right to 
inspect and investigate during regular working hours and at other 
reasonable times, and within reasonable limits and in a reasonable 
manner, any such place of employment and all pertinent conditions, 
structures, machines, apparatus, devices, equipment, and materials 
therein, and to question privately any such employer, agent or 
employee.
    Section 2.6(a) of the SIEA prohibits advance notice of inspections. 
A person who gives advance notice of any inspection to be conducted 
under the authority of this Act or the Health and Safety Act without 
authority from the Director of Labor, or his or her authorized 
representative, commits a Class B misdemeanor. (Illinois State Plan, p. 
9)
    (g) Citations, Sanctions, and Abatement. A State Plan is expected 
to have authority and procedures for promptly notifying employers and 
employees of violations, including proposed abatement requirements, 
identified during inspection, for the proposal of effective first-
instance sanctions against employers found in violation of standards, 
and for prompt employer notification of any such sanctions. In lieu of 
monetary penalties as a sanction, a complex of enforcement tools and 
rights, including administrative orders and employees' right to 
contest, may be demonstrated to be as effective as monetary penalties 
in achieving compliance in public employment (29 CFR 1956.11(c)(2)(ix) 
and (x)).
    The Illinois Safety Inspection and Education Act establishes the 
authority and general procedures for the Director of Labor to promptly 
notify public employers and employees of violations, abatement 
requirements, and to compel compliance. The Director of Labor must 
issue a written order to comply with reasonable promptness, which in no 
case may be more than six months after the occurrence of any violation. 
The SIEA provides that when an inspection of an establishment has been 
made, and the Director of Labor has issued a citation, the employer 
shall post such citation or a copy thereof at or near the location 
where the violation occurred. Each citation shall be in writing; 
describe with particularity the nature of the violation and include a 
reference to the provision of the Act, standard, rule, regulation, or 
order alleged to have been violated; and fix a reasonable time for the 
abatement of the violation. (820 ILCS 220/2.3)
    Although Section 2.3 of the SIEA contains authority for a system of 
first-instance monetary penalties, in practice it is the State's intent 
to issue monetary penalties only for failure to correct and egregious 
violations. The State has discretionary authority for civil penalties 
of not more than $10,000 for repeat and willful violations. Serious and 
other-than-serious violations may be assessed a penalty of up to $1,000 
per violation and failure-to-correct violations may be assessed a 
penalty of up to $1,000 per violation per day. In addition, any public 
employer who willfully violates any standard, rule, or order can be 
charged by the Attorney General with a Class 4 felony if that violation 
causes death to any employee. (Illinois State Plan, p. 11-12)
    The State has given an assurance that it will revise its 
regulations regarding inspections, citations, and proposed penalties to 
be equivalent to 29 CFR 1903 within two years of plan approval. 
(Illinois State Plan, p. 19)
    (h) Contested Cases. A State Plan must have authority and 
procedures for employer contest of violations alleged by the State, 
penalties/sanctions and abatement requirements at full administrative 
or judicial hearings. Employees must also have the right to contest 
abatement periods and the opportunity to participate as parties in all 
proceedings resulting from an employer's contest (29 CFR 
1956.11(c)(2)(xi)).
    Public employers or their representatives who receive a citation or 
a proposed penalty may within 15 working days contest the citation, 
proposed penalty and/or abatement period and request a hearing before 
an Administrative Law Judge (ALJ) on behalf of the Director. Any public 
employee or representative may within 15 working days request a hearing 
before an ALJ regarding the reasonableness of the abatement period. 
Informal review prior to contest may also be requested at the division 
level. The ALJ's decision is subject to appeal to the courts. (Illinois 
State Plan, pp. 12-13)
    Although the Illinois Plan does not include an independent 
authority for review of contested cases, and the Director technically 
has statutory responsibility for both the enforcement and the appeals 
process (820 ILCS 220/2.4), in practice, Administrative Law Judges hear 
contested cases without any oversight or review by the Director. ALJ's 
decisions are subject to judicial review under the Illinois 
Administrative Review Law. (56 ILCS 350.120). Within one year of plan 
approval, the State will make appropriate changes to its regulations 
and procedures to ensure the separation of these functions and the 
independence of the adjudicatory process. The Director of Labor will 
remain responsible for the enforcement process, including the issuance 
of citations and penalties, and their defense, if contested.
    The State's developmental schedule also includes an assurance that 
it will revise its regulations regarding the review system for 
contested cases to be equivalent to 29 CFR 2200 within two years of 
plan approval. (Illinois State Plan, p. 19)
    (i) Enforcement Conclusion. Accordingly, OSHA finds that the 
enforcement provisions of the Illinois State Plan as described above 
meet or will meet the statutory and regulatory requirements for initial 
State Plan approval.

(6) Staffing and Resources

    Section 18(c)(4) of the OSH Act requires State Plans to provide the 
qualified personnel necessary for the enforcement of standards. In 
accordance with 29 CFR 1956.10(g), one factor which OSHA must consider 
in

[[Page 45113]]

considering a plan for initial approval is whether the State has or 
will have a sufficient number of adequately trained and competent 
personnel to discharge its responsibilities under the plan.
    The Illinois State Plan (p. 17; pp. 19-20) provides assurances of a 
fully trained, adequate staff, including 11 safety and 3 health 
compliance officers for enforcement inspections, and 3 safety and 2 
health consultants to provide consultation, training and education 
services in the public sector. The State has a currently authorized 
staff of 8 safety and 3 health compliance officers who, in addition to 
inspections, also perform duties equivalent to OSHA's on-site 
consultation program. The Plan provides assurances that within three 
years of plan approval no staff will have dual roles, and the State 
will have a fully trained, adequate, and separate staff of compliance 
officers for enforcement inspections, and consultants to perform 
consultation services in the public sector. As new staff members are 
hired they will perform either enforcement or consultation functions. 
The compliance staffing requirements (or benchmarks) for State Plans 
covering both the private and public sectors are established based on 
the ``fully effective'' test established in AFL-CIO v. Marshall, 570 
F.2d 1030 (DC Cir. 1978). This staffing test, and the complicated 
formula used to derive benchmarks for complete private/public sector 
Plans, are not intended, nor are they appropriate, for application to 
the staffing needs of public employee only Plans. However, the State 
has given satisfactory assurance in its Plan that it will meet the 
requirements of 29 CFR 1956.10 for an adequately trained and qualified 
staff sufficient for the enforcement of standards. (Illinois State 
Plan, p. 17; pp. 19-20)
    Section 18(c)(5) of the OSH Act requires that the State Plan devote 
adequate funds for the administration and enforcement of its standards 
(29 CFR 1956.10(h)). Illinois has funded its public employee safety and 
health program since 1985 solely utilizing State funds. The State Plan 
will be funded at $3 million ($1.5 million Federal 50% share and $1.5 
million State 50% matching share) during Federal Fiscal Year 2009.
    Accordingly, OSHA finds that the Illinois State Plan has provided 
for sufficient, qualified personnel and adequate funding for the 
various activities to be carried out under the Plan.

(7) Records and Reports

    State Plans must assure that employers in the State submit reports 
to the Assistant Secretary in the same manner as if the Plan were not 
in effect (section 18(c)(7)) of the OSH Act). Under a public employee 
State Plan, public employers must maintain records and make reports on 
occupational injuries and illnesses in a manner similar to that 
required of private sector employers under the OSH Act and 29 CFR 
1956.10(i). The Plan must also provide assurances that the designated 
agency will make such reports to the Assistant Secretary in such form 
and containing such information as he or she may from time to time 
require (section 18(c)(8) of the OSH Act and 29 CFR 1956.10(j)).
    Illinois has provided assurances in its State Plan (p. 19) that all 
jurisdictions covered by the State Plan will maintain valid records and 
make timely reports on occupational injuries and illnesses, as required 
for private sector employers under the OSH Act. Specific regulations on 
this aspect of the State Plan will be submitted by Illinois in accord 
with its developmental schedule, in which the State has agreed to adopt 
amendments to regulations regarding recordkeeping equivalent to 29 CFR 
1904 within two years of plan approval.
    Illinois has also provided assurance in its State Plan (p. 20) that 
it will coordinate with the Illinois Department of Public Health and 
the Bureau of Labor Statistics (BLS) to expand the current BLS Annual 
Survey of Injuries and Illnesses in the State to provide more detailed 
injury, illness, and fatality rates for the public sector within two 
years of plan approval. Illinois will also provide reports to OSHA in 
the desired form and participate in OSHA's Integrated Management 
Information System as well as OSHA's Information System, once deployed. 
(Illinois State Plan p. 16; p. 20)
    OSHA finds that the Illinois State Plan has met the requirements of 
section 18(c)(7) and (8) of the OSH Act on the employer and State 
reports to the Assistant Secretary.

(8) Voluntary Compliance Program

    A State Plan must undertake programs to encourage voluntary 
compliance by employers by such means as conducting training and 
consultation with employers and employees (29 CFR 1956.11(c)(2)(xii)).
    The Illinois State Plan (pp. 13-14) provides that the State 
Department of Labor will continue and expand educational programs for 
public employees specifically designed to meet the regulatory 
requirements and needs of the public employer. The Plan also provides 
that consultation visits and training classes will be conducted at work 
sites by request of the employer and will be tailored to the public 
employer's concerns. In addition, public agencies are encouraged to 
develop and maintain their own safety and health programs as an adjunct 
to but not a substitute for the IDOL enforcement program.
    Illinois will establish an on-site consultation program for the 
public sector parallel to Illinois' existing private sector on-site 
consultation program (under section 21(d) of the OSH Act) within three 
years of plan approval, which includes establishing a public sector 
consultation staff separate from enforcement. (Illinois State Plan, p. 
19)
    OSHA finds that the Illinois State Plan provides for the 
establishment and administration of an effective voluntary compliance 
program.

E. Decision

    OSHA, after carefully reviewing the Illinois State Plan for the 
development and enforcement of State standards applicable to State and 
local government employees and the record developed during the above 
described proceedings, has determined that the requirements and 
criteria for initial approval of a developmental State Plan have been 
met. The Plan is hereby approved as a developmental plan for public 
employees only under section 18 of the Act and 29 CFR 1956. This 
decision incorporates the requirements of the Act and of regulations 
applicable to State Plans generally.
    The initial approval of a State Plan for public employees in 
Illinois is not a significant regulatory action as defined in Executive 
Order 12866.

F. Regulatory Flexibility Act

    OSHA certifies pursuant to the Regulatory Flexibility Act of 1980 
(5 U.S.C. 601 et seq.) that the initial approval of the Illinois State 
Plan will not have a significant economic impact on a substantial 
number of small entities. By its own terms, the Plan will have no 
effect on private sector employment, but is limited to the State and 
its political subdivisions. Moreover, the Illinois Safety Inspection 
and Education Act has been in effect since 1961 and the Illinois Health 
and Safety Act has been in effect since 1936, when the State first 
established a safety and health program. Since 1985, the Illinois 
program for public employees has been in operation under the Illinois 
Department of Labor with State funding and most public sector employers 
in the State, including small units of local government, have been 
subject to its terms. Compliance with State OSHA

[[Page 45114]]

standards is required by State law; Federal approval of a State Plan 
imposes regulatory requirements only on the agency responsible for 
administering the State Plan. Accordingly, no new obligations would be 
placed on public sector employers as a result of Federal approval of 
the Plan.

G. Federalism

    Executive Order 13132, ``Federalism,'' emphasizes consultation 
between Federal agencies and the States and establishes specific review 
procedures the Federal government must follow as it carries out 
policies which affect State or local governments. OSHA has consulted 
extensively with Illinois throughout the development, submission and 
consideration of its proposed State Plan. Although OSHA has determined 
that the requirements and consultation procedures provided in Executive 
Order 13132 are not applicable to initial approval decisions under the 
Act, which have no effect outside the particular State receiving the 
approval, OSHA has reviewed today's Illinois initial approval decision, 
and believes it is consistent with the principles and criteria set 
forth in the Executive Order.

H. Effective Date

    OSHA's decision granting initial Federal approval to the Illinois 
State Plan for public employees only is effective September 1, 2009. 
Although the State has had a program in effect for many years, 
modification of the program will be required over the next three years 
by today's decision. Federal 50% matching funds have been explicitly 
provided in the U.S. Department of Labor's FY 2009 appropriation. 
Notice of proposed initial approval of the plan was published in both 
the Federal Register and in the Daily Herald newspaper in Illinois with 
requests for comment. No comments opposing initial approval of the Plan 
were received, and OSHA believes that no party is adversely affected by 
initial approval of the Plan. OSHA therefore finds, pursuant to section 
553(d) of the Administrative Procedures Act, that good cause exists for 
making Federal approval of the Illinois Public Employee Only State Plan 
effective upon publication in today's Federal Register.

I. Authority and Signature

    This document was prepared under the direction of Jordan Barab, 
Acting Assistant Secretary of Labor for Occupational Safety and Health. 
It is issued under Section 18 of the Occupational Safety and Health Act 
of 1970, (29 U.S.C. 667), 29 CFR parts 1956 and 1902, and Secretary of 
Labor's Order No. 5-2007 (72 FR 31160).

    Signed at Washington, DC, this 26th day of August 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.

List of Subjects in 29 CFR 1956

    Administrative practice and procedure, Government employees, 
Intergovernmental relations, Law enforcement, Occupational safety and 
health.

    For the reasons set out in the preamble, 29 CFR part 1956 is 
amended as follows:

PART 1956--[AMENDED]

0
1. The authority citation for part 1956 is revised to read as follows:

    Authority: Section 18 of the Occupational Safety and Health Act 
of 1970, (29 U.S.C. 667), 29 CFR 1902, 1952, and 1955, and Secretary 
of Labor's Order No. 5-2007 (72 FR 31160).


0
2. Subpart I is added to read as follows:

Subpart I--Illinois

Sec.
1956.80 Description of the plan as initially approved.
1956.81 Developmental schedule.
1956.82 [Reserved]
1956.83 [Reserved]
1956.84 Location of plan for inspection and copying.

Subpart I--Illinois


Sec.  1956.80  Description of the plan as initially approved.

    (a) Authority and scope. The Illinois State Plan for Public 
Employee Occupational Safety and Health received initial OSHA approval 
on September 1, 2009. The Plan designates the Illinois Department of 
Labor as the State agency responsible for administering the Plan 
throughout the State. The Plan includes as enabling legislation the 
Illinois Safety Inspection and Education Act (SIEA) [820 ILCS 220] and 
the Illinois Health and Safety Act (HSA) [820 ILCS 225]. Under the 
legislation, the State Director of Labor has full authority to adopt, 
enforce and administer all laws and rules protecting the safety and 
health of all employees of the State and its political subdivisions 
under the Illinois Public Employee Only State Plan.
    (b) Standards. Illinois has adopted State standards identical to 
OSHA occupational safety and health standards promulgated through 
September 30, 2005. The State Plan provides that these standards will 
be updated within one year of plan approval and future OSHA standards 
and revisions will be adopted by the State within six months of Federal 
promulgation, in accordance with 29 CFR 1953.5. Any emergency temporary 
standards will be adopted within 30 days of Federal adoption. The State 
will adopt Federal OSHA standards in accordance with the provisions of 
the Illinois Health and Safety Act [820 ILCS 225/4.1]. The Plan also 
provides for the adoption of alternative or different occupational 
safety and health standards by the Director of Labor, where no Federal 
standards are applicable to the conditions or circumstances or where 
standards more stringent than Federal are deemed appropriate.
    (c) Variances. The Plan includes provisions for the granting of 
permanent and temporary variances from State standards in terms 
substantially similar to the variance provisions contained in the OSH 
Act. The State provisions require employee notification of variance 
applications as well as employee rights to participate in hearings held 
on variance applications. Variances may not be granted unless it is 
established that adequate protection is afforded employees under the 
terms of the variance. The State has committed to amend its current 
variance procedures at 56 ILAC 350.40 to bring them into conformance 
with Federal procedures at 29 CFR 1905 within two years of plan 
approval.
    (d) Employee notice and discrimination protection. The Plan 
provides for notification to employees of their protections and 
obligations under the Plan by such means as the State poster and 
required posting of notices of violations. The Plan also provides for 
protection of employees against discharge or discrimination resulting 
from exercise of their rights under the State's Acts in terms similar 
to section 11(c) of the OSH Act. The SIEA provides that an employee who 
believes that he or she has been discharged or otherwise discriminated 
against by any person in violation of this section may, within 30 
calendar days after the violation occurs, file a complaint with the 
Director of Labor alleging the discrimination. The Plan provides that 
the Director shall investigate such complaints as appropriate and make 
a determination within 90 days. If the Director determines that the 
provisions of this section have been violated, the Director shall bring 
an action in the circuit court for appropriate relief.
    (e) Inspections and enforcement. The Plan provides for inspection 
of covered

[[Page 45115]]

workplaces, including inspections in response to employee complaints by 
the Department of Labor. If a determination is made that an employee 
complaint does not warrant an inspection, the complainant shall be 
notified, in writing, of such determination and afforded an opportunity 
to seek informal review of the determination. The Plan provides the 
opportunity for employer and employee representatives to accompany the 
inspector during an inspection for the purpose of aiding in the 
inspection and in the absence of such a representative, the right to 
interview a reasonable number of employees during the inspection. The 
Plan also provides for the right of entry for inspection and 
prohibition of advance notice of inspection. The Director of Labor is 
responsible for all enforcement actions, including the issuance of all 
citations which must specify the abatement period, posting 
requirements, and the employer's and employees' right to contest any or 
all citations. Although the Plan contains authority for a system of 
first-instance monetary penalties, in practice it is the State's intent 
to issue monetary penalties only for failure to correct and egregious 
violations. The State has discretionary authority for civil penalties 
of not more than $10,000 for repeat and willful violations. Serious and 
other-than-serious violations may be assessed a penalty of up to $1,000 
per violation and failure-to-correct violations may be assessed a 
penalty of up to $1,000 per violation per day. In addition, any public 
employer who willfully violates any standard, rule, or order can be 
charged by the Attorney General with a Class 4 felony if that violation 
causes death to any employee.
    (f) Review procedures. Although the Director has statutory 
responsibility for both the enforcement and the appeals process (820 
ILCS 220/2.4), in practice, Administrative Law Judges (ALJ) hear 
contested cases without any oversight or review by the Director. The 
State will make appropriate changes to its regulations and procedures 
to ensure the separation of these functions and the independence of the 
adjudicatory process within one year of plan approval. The Director of 
Labor will remain responsible for the enforcement process, including 
the issuance of citations and penalties, and their defense, if 
contested. Public employers or their representatives who receive a 
citation or a proposed penalty may within 15 working days contest the 
citation, proposed penalty and/or abatement period and request a 
hearing before an Administrative Law Judge. Any public employee or 
representative may within 15 working days request a hearing before an 
ALJ regarding the reasonableness of the abatement period. Informal 
review prior to contest may also be requested at the division level. 
The ALJ's decision is subject to appeal to the courts.
    (g) Staffing and resources. The Plan further provides assurances of 
a fully trained, adequate staff within three years of plan approval, 
including 11 safety and 3 health compliance officers for enforcement 
inspections, and 3 safety and 2 health consultants to perform 
consultation services in the public sector. The State has assured that 
it will continue to provide a sufficient number of adequately trained 
and qualified personnel necessary for the enforcement of standards as 
required by 29 CFR 1956.10. The State has also given satisfactory 
assurance of adequate funding to support the Plan.
    (h) Records and reports. The Plan provides that public employers in 
Illinois will maintain appropriate records and make timely reports on 
occupational injuries and illnesses in a manner substantially identical 
to that required for private sector employers under Federal OSHA. 
Illinois has assured that it will coordinate with the Illinois 
Department of Health to expand its participation in the Bureau of Labor 
Statistics Annual Survey of Injuries and Illnesses to include public 
sector employers. The State will comply with the provisions of 29 CFR 
1904.7, which allow full employee and employee representative access, 
including employee's names, to the log of workplace injuries and 
illnesses; and will amend its recordkeeping regulations within two 
years of plan approval. The Plan also contains assurances that the 
Director of Labor will provide reports to OSHA in such form as the 
Assistant Secretary may require, and that Illinois will participate in 
OSHA's Integrated Management Information System as well as it 
successor, OSHA Information System, once deployed.
    (i) Voluntary compliance programs. The Plan provides that training 
will be provided to public employers and employees; a separate on-site 
consultation program in the public sector will be established to 
provide services to public employers who request assistance; and all 
State agencies and political subdivisions will be encouraged to develop 
and maintain internal safety and health programs as an adjunct to, but 
not a substitute for, the Director of Labor's enforcement.


Sec.  1956.81  Developmental schedule.

    The Illinois State Plan is developmental. The following is a 
schedule of major developmental steps as provided in the Plan that will 
be accomplished within three years of plan approval:
    (a) Illinois will adopt standards identical to or at least as 
effective as the applicable existing OSHA standards and revise the 
Rules of Procedures in Administrative Hearings (56 ILAC 120), 
clarifying the separation of the enforcement role of the Director of 
Labor from the adjudicatory role in contested cases, within one year 
after plan approval.
    (b) Illinois will update and adopt amendments to the Illinois 
Administrative Rules (56 ILAC 350) regarding identical standards, 
variances, inspections, review system for contested cases and employee 
access to information equivalent to 29 CFR parts 1903, 1905, 1911 and 
2200 within two years after plan approval.
    (c) Illinois will adopt amendments to rules regarding recordkeeping 
substantially identical to 29 CFR part 1904 within two years after plan 
approval.
    (d) An annual performance plan will be developed and submitted with 
the FY 2010 Grant Application. The performance plan will focus on 
achievement of developmental steps and activity reporting until such 
time as the program is fully operational, at which point objective, 
results-oriented performance goals will be established.
    (e) Illinois will develop an inspection scheduling system that 
targets high hazard establishments within two years of plan approval.
    (f) Illinois will develop a comprehensive field operations manual 
that is at least as effective as the Federal Field Operations Manual 
within two years after plan approval.
    (g) Illinois will begin hiring critical program management staff 
and filling current vacancy positions within 30 days of plan approval.
    (h) Illinois will hire the additional Enforcement program field and 
support staff within two years of plan approval.
    (i) Illinois will fully implement and staff a public employer/
employee Consultation program equivalent to 29 CFR part 1908, and 
training and education programs separate from Enforcement, within three 
years after plan approval.
    (j) Illinois will have an authorized compliance staff of 11 Safety 
Inspectors and 3 Industrial Hygienists (non-supervisory) and a public 
sector consultation staff of 3 Safety Consultants and 2 Industrial 
Hygiene

[[Page 45116]]

Consultants within three years of plan approval.
    (k) Illinois and OSHA will develop a plan for joining the OSHA 
Integrated Management Information System to report State plan activity, 
including specific information on inspections, consultation visits, 
etc., in conjunction with OSHA, within six months of plan approval. 
Illinois will convert to the new OSHA Information System upon its 
deployment. In the interim, Illinois will provide monthly reports on 
its activity in an agreed upon format.
    (l) Illinois will coordinate with the Illinois Department of Public 
Health and the Bureau of Labor Statistics to expand the current 
Illinois survey to provide more detailed injury/illness/fatality rates 
on State and local government, within two years of plan approval.
    (m) Illinois will revise and submit a State poster for posting at 
all public sector workplaces in the State within one year of plan 
approval.


Sec.  1956.82  [Reserved]


Sec.  1956.83  [Reserved]


Sec.  1956.84  Location of plan for inspection and copying.

    A copy of the plan may be inspected and copied during normal 
business hours at the following locations: Office of State Programs, 
U.S. Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW., Room N-3700, Washington, 
DC 20210; OSHA's Regional Office in Chicago, Illinois, at 230 South 
Dearborn Street, 32nd Floor, Room 3244, Chicago, IL 60604; and at: the 
Offices of the Illinois Department of Labor, Safety Inspection and 
Education Division at 1 West Old State Capitol Plaza, 3rd floor, 
Springfield, IL 62701; 160 North LaSalle Street, Suite C-1300, Chicago, 
IL 60601; or 2309 West Main Street, Suite 115, Marion, IL 62959.

[FR Doc. E9-21044 Filed 8-31-09; 8:45 am]

BILLING CODE 4510-26-P