SB 3465

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Full Text of SB3465
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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,
3represented in the General Assembly:
4    Section 5. The Construction Site Temporary Restroom
5Facility Act is amended by changing Sections 1, 5, 10, 15, and
620 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
9Construction Site Temporary Restroom Facility and Sanitary 
10Conditions 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
14scientific evidence that improper plumbing can result in the
15introduction of pathogenic organisms into the potable water
16supply, result in the escape of toxic gases into the
17environment, and result in potentially lethal disease and
18epidemic. It is further found that minimum numbers of plumbing
19facilities and fixtures are necessary for the comfort and
20convenience of workers and persons in public places and that 
21individuals who are employed on construction sites and who are 
22menstruating, lactating, or both need additional support from 
		SB3465 Enrolled	- 2 -	LRB104 20521 TRT 33995 b
1their employers to ensure construction site safety and a 
2construction 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, 
7reconstructing, repairing, rehabilitating, refinishing, 
8refurbishing, remodeling, remediating, renovating, custom 
9fabricating, maintenance, landscaping, improving, wrecking, 
10painting, decorating, demolishing, or adding to or subtracting 
11from any building, structure, highway, roadway, street, 
12bridge, alley, sewer, ditch, sewage disposal plant, 
13waterworks, parking facility, railroad, excavation, or other 
14structure, project, development, real property, or 
15improvement, or any part thereof, whether or not the 
16performance of the work described involves the addition to or 
17fabrication into any structure, project, development, real 
18property, or improvement described in this Section of any 
19material or article of merchandise, including moving 
20construction-related materials on the job site. "Construction 
21industry" 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	- 3 -	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 
4of the Illinois Wage Payment and Collection Act.
5    "Employer" has the meaning given to that term in Section 2 
6of the Illinois Wage Payment and Collection Act. "Employer" 
7includes the State and units of local government, any 
8political subdivision of the State or units of local 
9government, or any State or local government agency. 
10"Employer" does not include an entity that engages in the 
11business of providing temporary bathrooms or temporary toilet 
12facilities.
13    "Menstrual hygiene products" means tampons and sanitary 
14napkins 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 
18amendatory Act of the 104th General Assembly, the owner or the 
19owner's representative of a temporary building or building 
20under construction that is not yet occupied for its intended 
21purpose 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
24building or building under construction[,] that is not yet
25occupied for its intended purpose[,] shall ensure that employees
		SB3465 Enrolled	- 4 -	LRB104 20521 TRT 33995 b
1working on the construction site have access to restroom
2facilities 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	- 5 -	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 
18who menstruate, express milk, or both.
19    (a) Within 6 months after the effective date of this 
20amendatory Act of the 104th General Assembly, employers in the 
21construction industry shall comply with this Section.
22    (b) Employers in the construction industry shall provide 
23their workers who menstruate, who are performing construction 
24activities on a construction site, and whose jobs do not 
25inherently limit their presence on the work site to 2 days or 
		SB3465 Enrolled	- 6 -	LRB104 20521 TRT 33995 b
1less 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 
24supply of menstrual hygiene products" means at least 10 units 
25of the products.
26    (c) Employers in the construction industry shall provide 
		SB3465 Enrolled	- 7 -	LRB104 20521 TRT 33995 b
1their workers who are lactating and performing construction 
2activities on a construction site with lactation 
3accommodations upon request as needed to express breast milk 
4unless doing so constitutes an undue hardship. Lactation 
5accommodations 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 
20this Section does not relieve employers from compliance with 
21the Nursing Mothers in the Workplace Act or the Illinois Human 
22Rights Act.
23    (e) On multiemployer construction sites, each employer is 
24responsible for ensuring that facilities for their own 
25employees are provided either directly or through agreement 
26with the prime contractor or the owner's representative of a 
		SB3465 Enrolled	- 8 -	LRB104 20521 TRT 33995 b
1temporary building or building under construction.
2    (f) For purposes of this Section, "undue hardship" means 
3an action that is prohibitively expensive or disruptive when 
4considered in light of the following factors: (i) the nature 
5and cost of the accommodation needed; (ii) the overall 
6financial resources of the facility or facilities involved in 
7the provision of the lactation accommodation, the number of 
8persons employed at the facility, the effect on expenses and 
9resources, or the impact of the accommodation upon the 
10operation of the facility; (iii) the overall financial 
11resources of the employer, the overall size of the business of 
12the employer with respect to the number of its employees, and 
13the number, type, and location of its facilities; (iv) the 
14type of operation or operations of the employer, including the 
15composition, structure, and functions of the workforce of the 
16employer and the geographic, administrative, or fiscal 
17relationship of the facility or facilities in question to the 
18employer; and (v) whether making the accommodation would 
19create dangerous conditions risking the health and safety of 
20employees, or would unreasonably disrupt the operations and 
21completion of the project at the construction site. The 
22employer has the burden of proving undue hardship. The fact 
23that the employer provides or would be required to provide a 
24similar accommodation to similarly situated employees creates 
25a rebuttable presumption that the accommodation does not 
26impose an undue hardship on the employer.
		SB3465 Enrolled	- 9 -	LRB104 20521 TRT 33995 b
1    (g) On or before January 1, 2027, the Department of Public 
2Health, in consultation with the Department of Human Rights, 
3shall provide guidance to employers via a website or other 
4means concerning lactation accommodations.
5    (410 ILCS 37/15)
6    Sec. 15. Enforcement. Inspectors employed by
7municipalities and counties may inspect construction sites to
8ensure compliance with this Act. Employees on construction 
9sites may call the county or municipality with jurisdiction 
10over the construction site to request an inspection if 
11noncompliance with this Act is suspected.
12    Retaliation by employers is prohibited. It is unlawful for 
13any employer to threaten to take or to take any adverse action 
14against 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 
22lactation or a menstruation accommodation by an employee as a 
23negative factor in any employment action that involves hiring, 
24evaluating, promoting, disciplining, terminating, or 
25laying-off of the employee.
		SB3465 Enrolled	- 10 -	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
5with the provisions of this Act shall be deemed guilty of a
6petty offense and shall be issued a fine not to exceed $100.
7    (b) Any owner or employer convicted of violating the
8provisions of this Act shall be subject to a conviction for
9succeeding offenses for each day he or she fails or refuses to
10comply with the provisions of this Act.
11    (c) Any owner or employer who receives notice that it has 
12failed to provide a separate toilet facility, menstrual 
13products, or lactation accommodations required under this Act 
14for a woman or individual who menstruates or expresses breast 
15milk shall have a 7-day grace period to comply with this Act 
16before the owner or employer shall be subject to a penalty 
17under this Act. The notice required under this Section must be 
18provided in writing to the owner or employer. The grace period 
19shall not apply if the owner or employer has previously 
20received 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 
24faith provides menstrual products in sealed packaging for 
		SB3465 Enrolled	- 11 -	LRB104 20521 TRT 33995 b
1employee use as required by paragraph (3) of subsection (b) of 
2Section 10.5 of this Act shall not be liable in any civil 
3action for injuries resulting from the use of the product, 
4except for willful or wanton conduct by the employer.
5    Section 99. Effective date. This Act takes effect January
61, 2027.