Current through Register Vol. 48, No. 28, July 12, 2024
a) State Standards
and Rulemaking. Section 25 of the Act outlines the Director's authority to
promulgate, amend and revoke State standards. Any promulgation, amendment or
revocation of State standards will be done in accordance with the Illinois
Administrative Procedure Act [5 ILCS 100 ].
b) Incorporation of Federal Regulations
1) Pursuant to Section 25 of the Act, the
Department hereby incorporates by reference designated federal occupational
safety and health standards which the United States Secretary of Labor has
promulgated or modified in accordance with the federal Occupational Safety and
Health Act of 1970 (29
U.S.C. 651) and that are in effect on January
1, 2015, unless an alternate State standard has been adopted and is listed in
subsection (c). These designated standards are located at 29 CFR 1904, 1908,
1910, 1915, 1926 and 1977. All materials incorporated by this Section are
incorporated as of the date specified and do not include any later amendments
or editions.
2) Pursuant to Section
25 of the Act, all amendments, after January 1, 2015, to the federal
occupational safety and health standards in subsection (1)
shall become
rules of the Department within 6 months after their federal promulgation
date, unless:
A) There is a current
alternate State standard in effect; or
B) Within 45 calendar days of the federal
promulgation date, the State files first notice with the Secretary of State to
amend section (c) with an alternate State standard. (Sec. 25(b) of the
Act)
c)
Incorporation of Interpretations of Federal Regulations
1) The following interpretations of
29 CFR
1910.134, Respiratory Protection Standard
(1998) are incorporated into this Part. Copies of the federal Occupational
Safety and Health Administration material may also be obtained at
http://www.osha-slc.gov/SLTC/respiratoryprotection/index.html.
Preamble: Respiratory Protection; Final Rule, 63 Fed. Reg.
1152 (Jan. 8, 1998)
Questions & Answers on the Respiratory Protection
Standard, OSHA Memorandum (Aug. 17, 1998)
Inspection Procedure for the Respiratory Protection Standard,
C PL 2-0.120 (Sept. 18, 1998)
Small Entity Compliance Guide for the Revised Respiratory
Protection Standard, OSHA Directorate of Health Standards Programs (Sept. 30,
1998)
2) The following
interpretation of 29 CFR 1910 and 1926, Standards Improvement (Miscellaneous
Changes) for General Industry and Construction Standards; Paperwork Collection
for Coke Oven Emissions and Inorganic Arsenic (1998); 29 CFR 1915 and 1926,
Occupational Exposure to Asbestos (1998); 29 CFR 1910, Methylene Chloride
(1998); 29 CFR 1910, Permit-Required Confined Spaces (1998); and 29 CFR 1910,
1915, 1917, 1918 and 1926, Powered Industrial Truck Operator Training (1999)
are incorporated into this Part. Copies are available at the Department's
Chicago office. Copies may also be obtained at
http://www.osha.gov/comp-links.html.
Preamble: Standards Improvement (Miscellaneous Changes) for
General Industry and Construction Standards; Paperwork Collection for Coke Oven
Emissions and Inorganic Arsenic; Final Rule, 63 Fed. Reg. 33450 (June 18,
1998)
Preamble: Occupational Exposure to Asbestos; 63 Fed. Reg.
35137 (June 29, 1998)
Preamble: Methylene Chloride; Final Rule, 63 Fed. Reg. 50711
(Sept. 22, 1998)
Preamble: Permit-Required Confined Spaces; Final Rule, 63
Fed. Reg. 66018 (Dec. 1, 1998)
Preamble: Powered Industrial Truck Operator Training; Final
Rule, 63 Fed. Reg. 66238 (Dec. 1, 1998)
3) The following interpretation of 29 CFR
1910, Dipping and Coating Operations (1999) is incorporated into this Part.
Copies are available at the Department's Chicago office. Copies may also be
obtained at
http://www.osha.gov/comp-links.html.
Preamble: Dipping and Coating Operations; Final Rule, 64 Fed.
Reg. 13897 (Mar. 23, 1999)
4) The following interpretation of 29 CFR
1926, Safety Standards for Steel Erection (2001), and 29 CFR 1910, Occupational
Exposure to Bloodborne Pathogens; Needlesticks and Other Sharps Injuries
(2001), are incorporated into this Part. Copies are available at the
Department's Chicago office. Copies may also be obtained at
http://www.osha.gov/comp-links.html.
Preamble: Safety Standards for Steel Erection; Final Rule, 66
Fed. Reg. 5196 (Jan. 18, 2001)
Preamble: Occupational Exposure to Bloodborne Pathogens;
Needlesticks and Other Sharps Injuries; Final Rule, 66 Fed. Reg. 5318 (Jan. 18,
2001)
5) The following
interpretation of
29 CFR
1910.36,
1910.37,
1910.38
and
1910.39,
Exit Routes, Emergency Action Plans and Fire Prevention Plans, Final Rule (Nov.
11, 2002); 29 CFR 1904, Occupational Injury and Illness Recording and
Reporting, Final Rule (July 1, 2002 and Dec. 17, 2002 update);
29 CFR
1910.139, Termination of Rulemaking
Respiratory Protection for M. Tuberculosis, Final Rule (Dec. 31, 2003); 29 CFR
1915.52, Fire Protection in Shipyard Employment, Final Rule (Sept. 15, 2004);
and 29 CFR 1910 et al., Standards Improvement Project - Phase II (Jan. 5, 2005)
are incorporated into this Part. Copies are available at any of the
Department's offices. Copies may also be obtained at
http://www.osha.gov.
6) The following interpretations of 29 CFR
1910, 1915 and 1926, Assigned Protection Factors, Final Rule (Aug. 24, 2006);
29 CFR 1926, Roll-Over Protective Structure, Final Rule (Dec. 29, 2005,
corrected July 20, 2006);
29
CFR 1910.1026, Occupational Exposure to
Hexavalent Chromium, Final Rule (Feb. 28, 2006, corrected June 23, 2006); 29
CFR 1926, Steel Erection: Slip Resistance of Skeletal Structural Steel, Final
Rule (Jan. 18, 2006); 29 CFR 1910, 1915 and 1926, Electrical Installation
Requirements, subpart S, Final Rule (Feb. 14, 2007, corrected Oct. 29, 2008);
29 CFR 1915, Updating National Consensus Standards in OSHA Standard for Fire
Protection in Shipyard Employment, Final Rule (Jan. 3, 2007); 29 CFR 1910,
Employer Payment for Personal Protective Equipment, Final Rule (Nov. 15, 2007,
clarified Dec. 12, 2008); and 29 CFR 1910, Updating OSHA Standards Based on
National Consensus Standards, Final Rule (Mar. 14, 2008, Dec. 14, 2007, Sept.
9, 2009) are incorporated into this Part. Copies are available at any of the
Department's offices, on the Department website at
www.state.il.us/agency/idol or
the OSHA website at
http://www.osha.gov.
7) The following interpretations of 29 CFR
1910, 1915 and 1926 as appropriate, Standards Improvement Project, Phase III
(June 8, 2011); Cranes and Derricks in Construction (Aug. 9, 2010); Technical
Amendment concerning Safety Standards for Steel Erection (May 17, 2010); 29 CFR
Revising the Notification Requirements in the Exposure Determination Provisions
of the Hexavalent Chromium Standards (May 14, 2010); Revising Standards
Referenced in the Acetylene Standard (Nov. 10, 2009);
d) Clarification of Effective Dates
The effective dates for
29 CFR
1910.119(e)(1)(i), (ii), (iii), and
(iv), which establish timelines for hazard
analyses for hazardous materials, are 1, 2, 3 and 4 years, respectively, after
August 1, 1994.
e)
Conformity with Federal Regulations
The Department shall consider any subsequent amendments to
the health and safety standards adopted by the federal Occupational Safety and
Health Administration. Those amendments will be incorporated by reference or
substitute provisions that provide equivalent protection will be adopted.
Amendments will be adopted in accordance with the Illinois Administrative
Procedure Act.