CONSTRUCTION-SANITARY REQS

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HB4760 - 104th General Assembly

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House Amendment 001

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Introduced

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4760

Introduced , by Rep. Theresa Mah

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
410 ILCS 37/20

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 employers in the construction industry to provide
their workers who menstruate and are performing construction activities on
a work site with minimum sanitary conditions. Describes the required
minimum sanitary conditions. Requires employers in the construction
industry, upon request, to provide their workers who are lactating and
performing construction activities on a work site with reasonable
accommodations needed to express breast milk. Describes reasonable
accommodations for lactation. Provides that, on or before January 1, 2027,
the Department of Public Health shall provide guidance to employers on the
accommodations to be provided. Authorizes employees of construction sites
to call the certified local public health agency with jurisdiction over a
construction site to request an inspection if noncompliance with the Act
is suspected. Prohibits retaliation by employers if a call is made by an
employee on a construction site for suspected noncompliance with the Act.
Provides that any owner who fails or refuses to comply with the provisions
of the Act commits a petty offense and is subject to a fine to be
determined by the certified local public health agency (rather than only
being subject to a petty offense). Defines "employer". Effective
immediately.
LRB104 18656 TRT 32099 b

A BILL FOR

HB4760
LRB104 18656 TRT 32099 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

HB4760
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LRB104 18656 TRT 32099 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
that

10
which
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

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LRB104 18656 TRT 32099 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, express milk, or both.

20

(a) Employers in the construction industry shall provide
21
their workers who menstruate and are performing construction
22
activities on a work site with the following minimum sanitary
23
conditions:
24

(1) access, on the work site, either to:
25

(A) a minimum size bathroom that is equivalent to

HB4760
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LRB104 18656 TRT 32099 b
1

a standard sized portable chemical toilet and can be
2

secured with a latch upon entry; or
3

(B) a permanent structure with a bathroom with
4

toileting facilities that can be secured with a latch
5

upon entry;
6

(2) an adequate amount of time to accommodate for
7

multiple layers of clothing while using the bathroom; and
8

(3) a sufficient amount or supply of menstrual hygiene
9

products that are available at no cost to the workers and
10

are:
11

(A) located in all gender-neutral bathrooms, for
12

work sites with fewer than 10 workers;
13

(B) located in bathrooms designated for workers
14

who menstruate, for work sites with 10 or more
15

workers; or
16

(C) provided in kits for each employee who needs
17

the products.
18

As used in this subsection (a), "a sufficient amount or
19
supply of menstrual hygiene products" means at least 10 units
20
of the products.

21

(c) Employers in the construction industry shall 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. Minimum reasonable
25
accommodations shall comply with this Section and the Nursing
26
Mothers in the Workplace Act. Reasonable accommodations under

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LRB104 18656 TRT 32099 b
1
this Section 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 employee 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 employee to
10

clean and wash hands and milk expression equipment. The
11

water source must be in a private location near the
12

location where the breast milk is expressed.
13

(d) On multiemployer work sites, each employer is
14
responsible for ensuring that facilities for their own
15
employees are provided.
16

(e) On or before January 1, 2027, the Department of Public
17
Health shall provide guidance to employers on reasonable
18
accommodations under this Section.

19

(410 ILCS 37/15)
20

Sec. 15.
Enforcement.
Inspectors employed by
21
municipalities and counties may inspect construction sites to
22
ensure compliance with this Act.
Employees of construction
23
sites may call the certified local public health agency with
24
jurisdiction over that construction site to request an
25
inspection if noncompliance with this Act is suspected.

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LRB104 18656 TRT 32099 b
1
Retaliation by employers is prohibited.

2
(Source: P.A. 94-42, eff. 6-17-05.)

3

(410 ILCS 37/20)
4

Sec. 20.
Penalty.
5

(a) Any owner who fails or refuses to comply with the
6
provisions of this Act shall be deemed guilty of a petty
7
offense
and shall be issued a fine as determined by the
8
certified local public health agency
.
9

(b) Any owner convicted of violating the provisions of
10
this Act shall be subject to a conviction for succeeding
11
offenses for each day he or she fails or refuses to comply with
12
the provisions of this Act.
13
(Source: P.A. 94-42, eff. 6-17-05.)

14

Section 99.
Effective date.
This Act takes effect upon
15
becoming law.

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