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Ex. DUT-IL-013 Standing duty Primary source read

Guidance for Employers and Employees on Workers' Rights and Safety During the Restore Illinois Plan (revision of December 9, 2020)

State guidance stating that federal and Illinois law require employers to maintain a safe and healthy workplace, that employers are required to follow the Governor's executive orders, and listing the minimum workplace safety requirements

Office of the Illinois Attorney General (Kwame Raoul), with the Governor's Office, Illinois Department of Labor, Illinois Department of Employment Security and Illinois Department of Public Health · Illinois (State)

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The COVID Project

The record

Jurisdiction
Illinois
Level
State
Authority
Executive Orders 2020-32 ¶¶ 5 and 18, 2020-38, 2020-43 and 2020-73 (posting requirement and 'Businesses must follow guidance provided or published by... the Workplace Rights Bureau of the Office of the Illinois Attorney General with respect to Social Distancing Requirements'); Whistleblower Act, 740 ILCS 174; federal and Illinois occupational safety and health law
Issued
2020-12-09 Dec. 9, 2020
Effective
2020-05-01 (posting of the IDPH and Attorney General workplace-safety guidance required of every business with employees physically reporting to a work-site from May 1, 2020, EO 2020-32 ¶ 5) (read as 2020-05-01)
End
Posting and compliance requirements carried in EO 2020-38, 2020-43 and 2020-73 through the Phase 4 and Tier 3 periods; the Phase 5 order of June 11, 2021 converted the general business protocols to 'urged' (read as 2021-06-11)
In force
May 1, 2020 to June 11, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Telework mandateFace-covering requirementWorkplace rulesStanding duty
Addressees
  • employers (all); employees
Character
guidance incorporated
Collection
Standing duties: Illinois DUT-IL

Operative words

Federal and Illinois law require employers to maintain a safe and healthy workplace.... Employers are required to follow the Governor's Executive Orders.... All employers are required to:... Ensure that employees practice social distancing and wear face coverings when social distancing is not always possible

Penalty

Enforcement of the underlying executive orders (20 ILCS 3305; 690.50 and 20 ILCS 2305/8.1); Whistleblower Act remedies for retaliation; Attorney General Workplace Rights Bureau complaints

What it required

States that 'all employers are required to' evaluate remote work, ensure distancing and face coverings, ensure that gathering spaces allow distancing, ensure that visitors can distance, and 'prominently post the guidance from IDPH and the Office of the Illinois Attorney General regarding workplace safety'; states as recommendations that employers 'should provide face coverings at no charge' and that visitors 'should be encouraged to wear face coverings'; records that private-sector employees are protected by the federal OSH Act and public employees by the Illinois OSH Act, and that retaliation for raising COVID-19 safety concerns is prohibited.

Retrieval note

Verbs recorded exactly: 'are required to' for the executive-order duties; 'should' for no-charge face coverings; 'should be encouraged' for visitors' face coverings; 'are encouraged to facilitate remote work' (tracking EO 2020-32 and 2020-43; EO 2020-73 changed the remote-work clause to 'facilitate'). The Dec. 9, 2020 revision cites EO 2020-73 in footnote 2. The May 2020 IDPH web version and the Attorney General's Workplace COVID-19 Complaints page could not be retrieved (the IDPH page did not render; no Wayback capture of the Attorney General page was found).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.