Continuing our series, a piece of legislation that ensures long-term stability and security for Illinois workers: Senate Bill 1976 (Public Act 104-0161). Effective January 1, 2026, this new law creates a definitive “safety floor” for all state worker protections, safeguarding standards against potential future changes at the federal level.
Dubbed the Workers’ Rights and Worker Safety Act, this law essentially ensures that no matter what happens in Washington D.C., essential labor and safety regulations in Illinois will not be weakened below their current levels.
Key Requirements of the Worker Safety Protection Floor
The law achieves its goal by creating two key prohibitions and one strong mandate for state agencies:
1. Freezing the Protection Level
The law prohibits the Illinois Department of Labor (IDOL) and other state agencies from amending or revising state rules in a manner that is less stringent than the federal standards that were in effect on a specific date: April 28, 2025.
-
The Scope: This freeze applies to core areas of worker protection, including:
-
Federal Occupational Safety and Health Act (OSHA) standards.
-
Federal Fair Labor Standards Act (FLSA) wage and hour laws.
-
Federal Coal Mine Health and Safety Act standards.
-
2. Mandating State Adoption of Repealed Rules
If any federal standard related to worker safety or health is repealed, revoked, or weakened after the April 28, 2025, benchmark date, the Illinois Department of Labor is directed to step in.
-
The Action: IDOL must adopt rules that incorporate the federal standard as it existed prior to the change. This ensures that the protection remains in place for all Illinois workers, even if the federal government removes the requirement.
3. Preserving the Right to Be Stronger
Crucially, the law explicitly affirms that nothing in the Act prevents a state agency from establishing worker safety standards that are more stringent (stronger) than federal standards. The law sets the minimum protection level, not the maximum.
The Impact: Certainty in the Workplace
This legislation provides businesses and workers with regulatory certainty. For workers, it guarantees that core rights, such as those related to workplace exposure, hazard communication, and minimum wage and overtime rules, will not be eroded by federal actions. For employers, it clarifies that they must meet the established 2025 Illinois floor, regardless of federal deregulation.
Comments