Illinois OSHA penalties and public-employer duties are below, with the federal maximums for private employers. The overview shows which agency covers whom.
What the law requires
| Who | Duty | Source |
|---|---|---|
| Private employers | A workplace free of recognized hazards likely to cause serious harm or death; OSHA standards (federal checklist) | 29 USC 654 |
| Public employers | Safe workplace; follow state standards that adopt federal ones | 219/20, 25 |
| Public employers | Tell employees of hazards; post the poster, Form 300A summary and any citation | 219/20, 80, 85 |
| Public employers | Keep state-required records; let inspectors in | 219/60, 65 |
| Public employers | Fix cited hazards on time; contest within 15 working days, in writing | 219/80, 95 |
| Public employers | No retaliation for complaints or rights, including reports to a manager | 219/110 |
Key numbers and dates: Illinois OSHA penalties
| Item | Amount or date | Year |
|---|---|---|
| Illinois public: serious or other-than-serious | Up to $1,000 each | 2026 |
| Illinois public: repeated or intentional | Up to $10,000 per violation | 2026 |
| Illinois public: citation, poster or Form 300A not posted | $1,000 each; failure to correct up to $1,000 a day | 2026 |
| Federal: serious, other-than-serious, posting | Up to $16,550 each; failure to abate $16,550 per day, generally up to 30 days | 2026 (no inflation increase) |
| Federal: repeat and willful | Up to $165,514 per violation | 2026 |
| Illinois time limits | Citation within 6 months; court complaint 35 days; retaliation complaint 30 calendar days | 2026 |
Source: 820 ILCS 219/85; OSHA
Recent and pending changes
- August 14, 2025 (final): P.A. 104-161. If the U.S. Secretary of Labor repeals or weakens a federal standard after April 28, 2025, IDOL must adopt one preserving the earlier protection for public workplaces as soon as practical.
The named checklist: your Illinois OSHA checklist
The Two-Signpost Safety Route:
- Write down your signpost: private (federal OSHA), public (Illinois OSHA) or another federal regime.
- Private: run the federal checklist (poster, reporting clocks, records).
- Public: post the poster, Form 300A summary and any citation; keep required records; name who receives inspectors.
- Diary 15 working days to contest a citation.
- Keep injury records (5 years), employment tax records (4) and pay stubs (3) as separate sets.
- Remember that retaliating against anyone who reports a hazard is unlawful.
Common mistakes
- Assuming Illinois OSHA inspects private businesses.
- Believing no Illinois enforcement means no OSHA exposure.
- Public employers: missing the poster or Form 300A, $1,000 each.
- Treating repealed 820 ILCS 220 and 225 as current.
When to bring in an attorney
- Any inspection, citation or proposed penalty; contest deadlines are tight.
- A fatality, amputation, hospitalization or criminal-referral risk.
- A retaliation complaint, or doubt whether you are private, public or federal.
How we can help
We handle the U.S. tax, payroll and accounting side, working with your attorney, Canadian CPA or Indian CA. See payroll and employer compliance, bookkeeping and accounting and the US employer compliance checklist.
Frequently asked questions
For private businesses, does Illinois have its own OSHA?
No. Illinois OSHA and the State Plan cover public employers; the 2025 backstop is contingent, as above.
Are OSHA fines tax deductible?
A penalty paid to any government for breaking the law is generally not deductible (IRC 162(f)), with exceptions.
How long must injury records be kept?
Five years after the covered year under federal OSHA's rule; see our record retention guide.
Can a small business get free safety help?
Yes. IDOL's On-Site Consultation Program is free and confidential, though a refusal to fix serious hazards can be referred to enforcement.
Official sources
- Illinois General Assembly: Occupational Safety and Health Act (820 ILCS 219)
- Illinois General Assembly: Safe and Healthy Workplace Act (820 ILCS 226)
- eCFR: 29 CFR 1903.15, federal OSHA proposed penalties
- Federal Register: DOL civil penalty adjustments for 2026
- Cornell LII: 26 U.S.C. 162, fines and penalties
This page summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.