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Illinois General Assembly· SB 3465Governor Approved

CONSTRUCTION-SANITARY REQS, the official text

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SB3465 Enrolled                     LRB104 20521 TRT 33995 b

1   AN ACT concerning health.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Construction Site Temporary Restroom

5 Facility Act is amended by changing Sections 1, 5, 10, 15, and

6 20 and by adding Sections 6, 10.5, and 25 as follows:

7   (410 ILCS 37/1)

8   Sec. 1. Short title. This Act may be cited as the

9 Construction Site Temporary Restroom Facility and Sanitary

10 Conditions for Menstruation and Lactation Act.

11 (Source: P.A. 94-42, eff. 6-17-05.)

12  (410 ILCS 37/5)

13  Sec. 5. Legislative finding. It has been established by

14 scientific evidence that improper plumbing can result in the

15 introduction of pathogenic organisms into the potable water

16 supply, result in the escape of toxic gases into the

17 environment, and result in potentially lethal disease and

18 epidemic. It is further found that minimum numbers of plumbing

19 facilities and fixtures are necessary for the comfort and

20 convenience of workers and persons in public places and that

21 individuals who are employed on construction sites and who are

22 menstruating, lactating, or both need additional support from
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1 their employers to ensure construction site safety and a
2 construction industry that is inclusive of all workers.
3 (Source: P.A. 94-42, eff. 6-17-05.)

4   (410 ILCS 37/6 new)

5   Sec. 6. Definitions. As used in this Act:

6   "Construction industry" means any constructing, altering,

7 reconstructing, repairing, rehabilitating, refinishing,

8 refurbishing, remodeling, remediating, renovating, custom

9 fabricating, maintenance, landscaping, improving, wrecking,

10 painting, decorating, demolishing, or adding to or subtracting

11 from any building, structure, highway, roadway, street,

12 bridge, alley, sewer, ditch, sewage disposal plant,

13 waterworks, parking facility, railroad, excavation, or other

14 structure, project, development, real property, or

15 improvement, or any part thereof, whether or not the

16 performance of the work described involves the addition to or

17 fabrication into any structure, project, development, real

18 property, or improvement described in this Section of any

19 material or article of merchandise, including moving

20 construction-related materials on the job site. "Construction

21 industry" does not include:

22  (1) landscaping services not performed in connection

23  with a construction project;

24  (2) custom fabrication or manufacturing performed at a

25  fixed facility; or
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1   (3) work performed at the same location for fewer than

2   5 consecutive work days.

3   "Employee" has the meaning given to that term in Section 2

4 of the Illinois Wage Payment and Collection Act.

5   "Employer" has the meaning given to that term in Section 2

6 of the Illinois Wage Payment and Collection Act. "Employer"

7 includes the State and units of local government, any

8 political subdivision of the State or units of local

9 government, or any State or local government agency.

10 "Employer" does not include an entity that engages in the

11 business of providing temporary bathrooms or temporary toilet

12 facilities.

13  "Menstrual hygiene products" means tampons and sanitary

14 napkins for use in connection with the menstrual cycle.

15  (410 ILCS 37/10)

16  Sec. 10. Temporary restroom facility.

17  (a) Within 6 months after the effective date of this

18 amendatory Act of the 104th General Assembly, the owner or the

19 owner's representative of a temporary building or building

20 under construction that is not yet occupied for its intended

21 purpose shall comply with paragraphs (2) and (3) of subsection

22 (b) of this Section.

23  (b) The owner or the owner's representative of a temporary

24 building or building under construction, that is not yet

25 occupied for its intended purpose, shall ensure that employees
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1 working on the construction site have access to restroom

2 facilities that which meet the following requirements:

3   (1) Toileting facilities shall be enclosed and

4   discharged into a sanitary sewer. In lieu of connecting to

5   a sewer, the sanitary facility may be a portable,

6   enclosed, chemically-treated tank-tight unit.

7   (2) If a woman or an individual who menstruates is

8   present and employed for construction purposes on the

9   construction site, if the nature of the person's job does

10  not inherently limit the person's presence on the

11  construction site to 2 days or less, and if there are 10 or

12  more workers of any gender at the construction site, then

13  a separate toilet facility shall be provided at the

14  construction site and designated, for use by women and

15  individuals who menstruate, with exterior signage to

16  identify the class of individuals who shall have access,

17  except in existing places of public accommodation or

18  public buildings in compliance with the Equitable

19  Restrooms Act. Otherwise, toileting individual portable

20  units are used, separate toileting facilities are not

21  required for males and females. Toileting facilities shall

22  be provided based on the Occupational Safety and Health

23  Administration construction sanitation standards, which

24  are as follows:

25  (A) For 20 employees or less, one toilet facility

26  shall be provided.
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1   (B) For 20 employees or more, one toilet facility

2   and one urinal per 40 workers shall be provided.

3   (C) For 200 or more employees, one toilet facility

4   and one urinal per 50 workers shall be provided.

5   (3) Hand cleansing units shall be provided.

6   (4) All non-sewered units shall be pumped and cleansed

7   regularly to ensure adequate working facilities.

8   (5) For non-residential temporary buildings or

9   non-residential buildings, the restroom facilities shall

10  be located within 300 feet of the entrance of the building

11  under construction.

12  (6) For residential temporary buildings or residential

13  buildings, the restroom facilities shall be made readily

14  available in nearby areas.

15 (Source: P.A. 94-42, eff. 6-17-05.)

16  (410 ILCS 37/10.5 new)

17  Sec. 10.5. Sanitary conditions for construction workers

18 who menstruate, express milk, or both.

19  (a) Within 6 months after the effective date of this

20 amendatory Act of the 104th General Assembly, employers in the

21 construction industry shall comply with this Section.

22  (b) Employers in the construction industry shall provide

23 their workers who menstruate, who are performing construction

24 activities on a construction site, and whose jobs do not

25 inherently limit their presence on the work site to 2 days or
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1 less with the following minimum sanitary conditions:

2   (1) access, on the construction site, either to:

3         (A) a minimum size bathroom that can include a

4   standard sized portable chemical toilet and that can

5   be secured with a latch upon entry; or

6         (B) a permanent structure with a bathroom with

7   toileting facilities that can be secured with a latch

8   upon entry;

9   (2) an adequate amount of time to accommodate for

10  multiple layers of clothing while using the bathroom; and

11  (3) a sufficient amount or supply of menstrual hygiene

12  products that are available at no cost to the workers and

13  are:

14        (A) located, for construction sites with fewer

15  than 10 workers, in all gender-neutral bathrooms;

16        (B) located, for construction sites with 10 or

17  more workers, in bathrooms that are designated for

18  workers who menstruate and that are marked with

19  exterior signage that identifies the class of

20  individuals who shall have access; or

21        (C) provided in kits for each employee who needs

22  the products.

23  As used in this subsection (b), "a sufficient amount or

24 supply of menstrual hygiene products" means at least 10 units

25 of the products.

26  (c) Employers in the construction industry shall provide
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1 their workers who are lactating and performing construction

2 activities on a construction site with lactation

3 accommodations upon request as needed to express breast milk

4 unless doing so constitutes an undue hardship. Lactation

5 accommodations under this Section may include:

6   (1) a flexible work schedule, including scheduling

7   breaks that provide time for expressing breast milk;

8   (2) a location, other than the bathroom, that is

9   convenient and sanitary for the employee to express breast

10  milk, that is private and lockable from the inside, and

11  that is identified by exterior signage that designates who

12  shall have access;

13  (3) convenient hygienic refrigeration on the

14  construction site for the storage of milk; and

15  (4) a convenient water source that is in a private

16  location near the location where the breast milk is

17  expressed and that is available for the employee's use to

18  clean and wash hands and wash milk expression equipment.

19  (d) Compliance with minimum lactation accommodations under

20 this Section does not relieve employers from compliance with

21 the Nursing Mothers in the Workplace Act or the Illinois Human

22 Rights Act.

23  (e) On multiemployer construction sites, each employer is

24 responsible for ensuring that facilities for their own

25 employees are provided either directly or through agreement

26 with the prime contractor or the owner's representative of a
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1 temporary building or building under construction.

2  (f) For purposes of this Section, "undue hardship" means

3 an action that is prohibitively expensive or disruptive when

4 considered in light of the following factors: (i) the nature

5 and cost of the accommodation needed; (ii) the overall

6 financial resources of the facility or facilities involved in

7 the provision of the lactation accommodation, the number of

8 persons employed at the facility, the effect on expenses and

9 resources, or the impact of the accommodation upon the

10 operation of the facility; (iii) the overall financial

11 resources of the employer, the overall size of the business of

12 the employer with respect to the number of its employees, and

13 the number, type, and location of its facilities; (iv) the

14 type of operation or operations of the employer, including the

15 composition, structure, and functions of the workforce of the

16 employer and the geographic, administrative, or fiscal

17 relationship of the facility or facilities in question to the

18 employer; and (v) whether making the accommodation would

19 create dangerous conditions risking the health and safety of

20 employees, or would unreasonably disrupt the operations and

21 completion of the project at the construction site. The

22 employer has the burden of proving undue hardship. The fact

23 that the employer provides or would be required to provide a

24 similar accommodation to similarly situated employees creates

25 a rebuttable presumption that the accommodation does not

26 impose an undue hardship on the employer.
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1   (g) On or before January 1, 2027, the Department of Public

2 Health, in consultation with the Department of Human Rights,

3 shall provide guidance to employers via a website or other

4 means concerning lactation accommodations.

5   (410 ILCS 37/15)

6   Sec. 15. Enforcement. Inspectors employed by

7 municipalities and counties may inspect construction sites to

8 ensure compliance with this Act. Employees on construction

9 sites may call the county or municipality with jurisdiction

10 over the construction site to request an inspection if

11 noncompliance with this Act is suspected.

12  Retaliation by employers is prohibited. It is unlawful for

13 any employer to threaten to take or to take any adverse action

14 against an employee because the employee:

15  (1) exercises employee's rights or attempts to

16  exercise the employee's rights under this Section;

17  (2) opposes practices that the employee believes to be

18  in violation of this Section; or

19  (3) supports the exercise of the employee's rights of

20  another under this Section.

21  It is unlawful for any employer to consider the need for a

22 lactation or a menstruation accommodation by an employee as a

23 negative factor in any employment action that involves hiring,

24 evaluating, promoting, disciplining, terminating, or

25 laying-off of the employee.
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1 (Source: P.A. 94-42, eff. 6-17-05.)

2   (410 ILCS 37/20)

3   Sec. 20. Penalty.

4   (a) Any owner or employer who fails or refuses to comply

5 with the provisions of this Act shall be deemed guilty of a

6 petty offense and shall be issued a fine not to exceed $100.

7   (b) Any owner or employer convicted of violating the

8 provisions of this Act shall be subject to a conviction for

9 succeeding offenses for each day he or she fails or refuses to

10 comply with the provisions of this Act.

11  (c) Any owner or employer who receives notice that it has

12 failed to provide a separate toilet facility, menstrual

13 products, or lactation accommodations required under this Act

14 for a woman or individual who menstruates or expresses breast

15 milk shall have a 7-day grace period to comply with this Act

16 before the owner or employer shall be subject to a penalty

17 under this Act. The notice required under this Section must be

18 provided in writing to the owner or employer. The grace period

19 shall not apply if the owner or employer has previously

20 received notice with respect to the same employee.

21 (Source: P.A. 94-42, eff. 6-17-05.)

22  (410 ILCS 37/25 new)

23  Sec. 25. Immunity from liability. An employer that in good

24 faith provides menstrual products in sealed packaging for
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1 employee use as required by paragraph (3) of subsection (b) of
2 Section 10.5 of this Act shall not be liable in any civil
3 action for injuries resulting from the use of the product,
4 except for willful or wanton conduct by the employer.

5  Section 99. Effective date. This Act takes effect January

6 1, 2027.
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