CONSTRUCTION-SANITARY REQS

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SB3465 - 104th General Assembly

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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

SB3465 Enrolled
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LRB104 20521 TRT 33995 b
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

SB3465 Enrolled
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LRB104 20521 TRT 33995 b
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

SB3465 Enrolled
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LRB104 20521 TRT 33995 b
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.

SB3465 Enrolled
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LRB104 20521 TRT 33995 b
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

SB3465 Enrolled
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LRB104 20521 TRT 33995 b
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

SB3465 Enrolled
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LRB104 20521 TRT 33995 b
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

SB3465 Enrolled
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LRB104 20521 TRT 33995 b
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.

SB3465 Enrolled
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LRB104 20521 TRT 33995 b
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.

SB3465 Enrolled
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LRB104 20521 TRT 33995 b
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

SB3465 Enrolled
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LRB104 20521 TRT 33995 b
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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