The Illinois Department of Labor (IDOL) filed new rules on January 7, 2022, to formally adopt the federal agency’s OSHA Emergency Temporary Standards (ETS).
Details of Illinois OSHA Emergency Temporary Standards
While the rules were effective immediately, Illinois employers with more than 100 employees have until January 24, 2022, to begin complying with the requirements of the OSHA ETS, which include developing workplace policies and procedures regarding vaccination and testing.
The state agency website states that the OSHA ETS will expire on July 24, 2022. These rules are not open to appeal or challenge.
Timeline for Enforcement of Illinois OSHA Emergency Temporary Standards
IDOL’s website includes a table of requirements and deadlines to guide affected employers as they navigate the new regulations.
Effect of Federal Challenges to Illinois OSHA Emergency Temporary Standards
The federal government’s OSHA ETS is currently before the Supreme Court, where petitioners are seeking a stay of enforcement of the rules pending a final decision on the constitutionality of the regulations.
While states like Illinois and California have adopted the federal OSHA ETS, any Supreme Court ruling would not affect states who have adopted the federal standards.
