Illinois laws

Illinois OSHA: Rules, Numbers and Penalties

Illinois OSHA duties for public employers in a table, 2026 penalty amounts for Illinois and federal OSHA, time limits and the 2025 private-sector backstop law.

Last reviewed October 29, 2026 · General information, not legal advice

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What the law requires

Private employers follow federal OSHA; the overview explains the split. Public employers follow 820 ILCS 219:

RequirementWhat it meansSection
Safe workplaceProvide a workplace free from recognized hazards and comply with the standards219/20(a)-(b)
InformationTell employees their protections and workplace hazards, including precautions, symptoms and emergency treatment219/20(c)-(d)
Federal standardsState rules adopt federal OSHA standards within 6 months, unless an equal or better state standard exists219/25(a)-(b)
RecordsState rules require records of work-related deaths, injuries and illnesses (other than first aid only) and of employee exposures219/60
PostingJob Safety and Health poster, yearly OSHA Form 300A summary even with no cases, and citations near the violation219/80(b), 85(c)(5)
InspectionsLet inspectors in; employer and employee representatives may accompany them219/65, 75
Fix and contestCorrect cited violations by the date set; contest in writing within 15 working days219/80, 95
No retaliationNo firing or discrimination against an employee who complains, testifies or uses these rights219/110

Key numbers and dates

ItemAmount or dateYear in forceSource
Illinois state plan approvalSeptember 1, 2009; public sector only2009 on29 CFR 1952.27
Illinois Act effectiveJanuary 1, 20152015 onP.A. 98-874
Time limitsCitation within 6 months of the violation; contest within 15 working days; court review within 35 days; retaliation complaint within 30 calendar days2026219/80, 95, 105, 110
Federal injury and illness recordsKeep 5 years after the covered calendar year202629 CFR 1904.33
Federal penalty inflation adjustmentNone for 2026; 2025 amounts stay2026OSHA memo, 2026
Maximum civil penalty per violation, 2026 dollars; Illinois figures apply to public employers only
Illinois public, serious$1,000
Illinois public, repeated or intentional$10,000
Federal, serious$16,550
Federal, willful or repeat$165,514

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 employerFederal 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

This page is a plain-language summary. The official source controls if there is any difference.