What the law requires
Private employers follow federal OSHA; the overview explains the split. Public employers follow 820 ILCS 219:
| Requirement | What it means | Section |
|---|---|---|
| Safe workplace | Provide a workplace free from recognized hazards and comply with the standards | 219/20(a)-(b) |
| Information | Tell employees their protections and workplace hazards, including precautions, symptoms and emergency treatment | 219/20(c)-(d) |
| Federal standards | State rules adopt federal OSHA standards within 6 months, unless an equal or better state standard exists | 219/25(a)-(b) |
| Records | State rules require records of work-related deaths, injuries and illnesses (other than first aid only) and of employee exposures | 219/60 |
| Posting | Job Safety and Health poster, yearly OSHA Form 300A summary even with no cases, and citations near the violation | 219/80(b), 85(c)(5) |
| Inspections | Let inspectors in; employer and employee representatives may accompany them | 219/65, 75 |
| Fix and contest | Correct cited violations by the date set; contest in writing within 15 working days | 219/80, 95 |
| No retaliation | No firing or discrimination against an employee who complains, testifies or uses these rights | 219/110 |
Key numbers and dates
| Item | Amount or date | Year in force | Source |
|---|---|---|---|
| Illinois state plan approval | September 1, 2009; public sector only | 2009 on | 29 CFR 1952.27 |
| Illinois Act effective | January 1, 2015 | 2015 on | P.A. 98-874 |
| Time limits | Citation within 6 months of the violation; contest within 15 working days; court review within 35 days; retaliation complaint within 30 calendar days | 2026 | 219/80, 95, 105, 110 |
| Federal injury and illness records | Keep 5 years after the covered calendar year | 2026 | 29 CFR 1904.33 |
| Federal penalty inflation adjustment | None for 2026; 2025 amounts stay | 2026 | OSHA memo, 2026 |
Source: 820 ILCS 219/85(c); federal OSHA
Recent and pending changes
- January 1, 2023 (P.A. 102-705): latest changes to citation and penalty sections, including email service.
- August 14, 2025 (P.A. 104-161, in force): if, after April 28, 2025, the U.S. Secretary of Labor weakens or repeals a federal standard, IDOL must as soon as practical adopt one keeping the earlier protection for public employers; state agencies may not weaken wage-hour or coal-mine safety rules below federal law as of that date; and a private-sector backstop (820 ILCS 226) was added.
- 2026 federal penalties: unchanged from 2025, because the 2026 inflation adjustment was cancelled.
Penalties and enforcement
Federal OSHA enforces against private employers. IL OSHA inspects public workplaces, issues citations and proposes penalties; good faith, size and history can reduce them. OSHA says State Plans need not impose money penalties on public employers. Fines are covered under business expense deductions; next come the checklist and Illinois pages.
| Tier (2026 maximums) | Illinois public employer | Federal OSHA, private employer |
|---|---|---|
| Serious or other-than-serious | $1,000 each | $16,550 per violation |
| Poster, Form 300A or citation not posted | $1,000 each | $16,550 per violation |
| Repeated | $10,000 each | $165,514 per violation |
| Intentional or plain indifference (Illinois); willful (federal) | $10,000 each | $165,514; willful minimum $11,823 |
| Failure to correct | $1,000 a day | $16,550 a day, generally up to 30 days |
Criminal penalties also exist: a public employer's willful violation causing an employee's death, or a knowing false statement in a required record, is a Class 4 felony; unauthorized advance notice of an inspection is a Class B misdemeanor.
Official sources
- Illinois General Assembly: 820 ILCS 219, Occupational Safety and Health Act
- Illinois General Assembly: Public Act 104-161
- Illinois General Assembly: 820 ILCS 226, Safe and Healthy Workplace Act
- OSHA: Penalties
- Cornell Law School: 29 CFR 1904.33, record retention
This page is a plain-language summary. The official source controls if there is any difference.