CONSTRUCTION-SANITARY REQS

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HB4489 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4489

Introduced 1/20/2026, by Rep. Anne Stava

SYNOPSIS AS INTRODUCED:

410 ILCS 37/1
410 ILCS 37/5
410 ILCS 37/10
410 ILCS 37/10.5 new
410 ILCS 37/15

Amends the Construction Site Temporary Restroom Facility Act. Changes
the Act's short title to the Construction Site Temporary Restroom Facility
and Sanitary Conditions for Menstruation and Lactation Act. Repeals a
provision which specifies that separate toileting facilities are not
required for males and females if individual portable toilet facilities
are used by an owner of a portable building or building under construction
to provide access to a restroom. Provides that, if a woman or an individual
who menstruates is present on a work site and there are 10 or more workers
of any gender at the work site, then a separate toilet facility shall be
provided at the work site and designated for use by women and individuals
who menstruate. Requires the Department of Labor to adopt rules that
govern construction safety standards, that apply only to employers in the
construction industry, and that require employers in the construction
industry to provide their workers who menstruate and are performing
construction activities at a work site with minimum sanitary conditions
and, upon request, to provide their workers who are lactating and are
performing construction activities at a work site with reasonable
accommodations necessary to express breast milk. Provides that, at
multi-employer work sites, each employer is responsible for ensuring that
facilities for their own workers are provided. Authorizes employees of
construction sites to call the certified local public health agency to
request an inspection of the construction site if noncompliance with the
Act is suspected. Effective immediately.
LRB104 17491 TRT 30917 b

A BILL FOR

HB4489
LRB104 17491 TRT 30917 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 Section 10.5 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

HB4489
- 2 -
LRB104 17491 TRT 30917 b
1
their employers to ensure work site safety and a construction
2
industry that is inclusive of all workers
.
3
(Source: P.A. 94-42, eff. 6-17-05.)

4

(410 ILCS 37/10)
5

Sec. 10.
Temporary restroom facility.
The owner or the
6
owner's representative of a temporary building or building
7
under construction
,
that is not yet occupied for its intended
8
purpose
,
shall ensure that employees working on the
9
construction site have access to restroom facilities which
10
meet the following requirements:
11

(1) Toileting facilities shall be enclosed and
12

discharged into a sanitary sewer. In lieu of connecting to
13

a sewer, the sanitary facility may be a portable,
14

enclosed, chemically-treated tank-tight unit.
15

(2) If
a woman or an individual who menstruates is
16

present on the work site and there are 10 or more workers
17

of any gender at the work site, then a separate toilet
18

facility shall be provided at the work site and designated
19

for use by women and individuals who menstruate

individual
20

portable units are used, separate toileting facilities are
21

not required for males and females
.
Otherwise, toileting

22

Toileting
facilities shall be provided based on the
23

Occupational Safety and Health Administration construction
24

sanitation standards, which are as follows:
25

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

HB4489
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LRB104 17491 TRT 30917 b
1

shall be provided.
2

(B) For 20 employees or more, one toilet facility
3

and one urinal per 40 workers shall be provided.
4

(C) For 200 or more employees, one toilet facility
5

and one urinal per 50 workers shall be provided.
6

(3) Hand cleansing units shall be provided.
7

(4) All non-sewered units shall be pumped and cleansed
8

regularly to ensure adequate working facilities.
9

(5) For non-residential temporary buildings or
10

non-residential buildings, the restroom facilities shall
11

be located within 300 feet of the entrance of the building
12

under construction.
13

(6) For residential temporary buildings or residential
14

buildings, the restroom facilities shall be made readily
15

available in nearby areas.
16
(Source: P.A. 94-42, eff. 6-17-05.)

17

(410 ILCS 37/10.5 new)
18

Sec. 10.5.
Sanitary conditions for construction workers
19
who menstruate, lactate, or both.
20

(a) The Department of Labor must adopt rules that govern
21
construction safety standards, that apply only to employers in
22
the construction industry, and that require employers in the
23
construction industry to provide workers who menstruate and
24
are performing construction activities on a work site with the
25
following minimum sanitary conditions:

HB4489
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LRB104 17491 TRT 30917 b
1

(1) access on the work site either to:
2

(A) a minimum size bathroom that is equivalent to
3

a standard sized portable chemical toilet and that can
4

be secured with a latch upon entry; or
5

(B) a permanent structure with a bathroom with
6

toileting facilities that can be secured with a latch
7

upon entry;
8

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

multiple layers of clothing while using the bathroom; and
10

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

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

are:
13

(A) located in all gender-neutral bathrooms, for
14

work sites with fewer than 10 employees;
15

(B) located in bathrooms designated for workers
16

who menstruate, for work sites with 10 or more
17

employees; or
18

(C) provided in kits for each worker who needs the
19

products.
20

(c) The rules adopted by the Department under this Section
21
must require employers in the construction industry to provide
22
their workers who are lactating and performing construction
23
activities on a work site with reasonable accommodations upon
24
request as needed to express breast milk. The Department of
25
Labor must identify minimum reasonable accommodations in
26
compliance with this Section and the Nursing Mothers in the

HB4489
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LRB104 17491 TRT 30917 b
1
Workplace Act. Reasonable accommodations may include:
2

(1) a flexible work schedule, including scheduling
3

breaks that provide time for expressing breast milk;
4

(2) a location, other than the bathroom, that is
5

convenient and sanitary for the worker to express breast
6

milk and that is private and lockable from the inside;
7

(3) convenient hygienic refrigeration on the work site
8

for the storage of milk; and
9

(4) a convenient water source for the worker to clean
10

and wash hands and milk expression equipment. The water
11

source must be in a private location near the location
12

where the breast milk is expressed.
13

(d) On multiemployer work sites, each employer is
14
responsible for ensuring that facilities for their own workers
15
are provided according to this Section.

16

(410 ILCS 37/15)
17

Sec. 15.
Enforcement.
Inspectors employed by
18
municipalities and counties may inspect construction sites to
19
ensure compliance with this Act.
Employees of construction
20
sites may call the local public health agency to request an
21
inspection of the construction site if noncompliance with this
22
Act is suspected.

23
(Source: P.A. 94-42, eff. 6-17-05.)

24

Section 99.
Effective date.
This Act takes effect upon
25
becoming law.

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