Bill Amendment: IL SB3465 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CONSTRUCTION-SANITARY REQS

Status: 2026-08-21 - Public Act . . . . . . . . . 104-0850 [SB3465 Detail]

Download: Illinois-2025-SB3465-Senate_Amendment_001.html

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Sen. Graciela Guzm�n

Filed: 4/14/2026

 

 

 

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AMENDMENT TO SENATE BILL 3465
AMENDMENT NO. ______. Amend Senate Bill 3465 by replacing
everything after the enacting clause with the following:
"Section 5. The Construction Site Temporary Restroom
Facility Act is amended by changing Sections 1, 5, 10, 15, and
20 and by adding Sections 6, 10.5, and 25 as follows:
(410 ILCS 37/1)
Sec. 1. Short title. This Act may be cited as the
Construction Site Temporary Restroom Facility and Sanitary
Conditions for Menstruation and Lactation Act.
(Source: P.A. 94-42, eff. 6-17-05.)
(410 ILCS 37/5)
Sec. 5. Legislative finding. It has been established by
scientific evidence that improper plumbing can result in the
introduction of pathogenic organisms into the potable water

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supply, result in the escape of toxic gases into the
environment, and result in potentially lethal disease and
epidemic. It is further found that minimum numbers of plumbing
facilities and fixtures are necessary for the comfort and
convenience of workers and persons in public places and that
individuals who are employed on construction sites and who are
menstruating, lactating, or both need additional support from
their employers to ensure construction site safety and a
construction industry that is inclusive of all workers.
(Source: P.A. 94-42, eff. 6-17-05.)
(410 ILCS 37/6 new)
Sec. 6. Definitions. As used in this Act:
"Construction industry" means any constructing, altering,
reconstructing, repairing, rehabilitating, refinishing,
refurbishing, remodeling, remediating, renovating, custom
fabricating, maintenance, landscaping, improving, wrecking,
painting, decorating, demolishing, or adding to or subtracting
from any building, structure, highway, roadway, street,
bridge, alley, sewer, ditch, sewage disposal plant,
waterworks, parking facility, railroad, excavation, or other
structure, project, development, real property, or
improvement, or to do any part thereof, whether or not the
performance of the work described involves the addition to or
fabrication into any structure, project, development, real
property, or improvement described in this Section of any

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material or article of merchandise, including moving
construction-related materials on the job site. "Construction
industry" does not include:
(1) landscaping services not performed in connection
with a construction project;
(2) custom fabrication or manufacturing performed at a
fixed facility; or
(3) work performed at the same location for fewer than
5 consecutive work days.
"Employee" has the meaning given to that term in Section 2
of the Illinois Wage Payment and Collection Act.
"Employer" has the meaning given to that term in Section 2
of the Illinois Wage Payment and Collection Act. "Employer"
includes the State and units of local government, any
political subdivision of the State or units of local
government, or any State or local government agency.
"Employer" does not include an entity that engages in the
business of providing temporary bathrooms or temporary toilet
facilities.
(410 ILCS 37/10)
Sec. 10. Temporary restroom facility.
(a) Within 6 months after the Department of Public Health
adopts rules under this Act, the owner or the owner's
representative of a temporary building or building under
construction that is not yet occupied for its intended purpose

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shall comply with paragraphs (2) and (3) of subsection (b) of
this Section.
(b) The owner or the owner's representative of a temporary
building or building under construction, that is not yet
occupied for its intended purpose, shall ensure that employees
working on the construction site have access to restroom
facilities that which meet the following requirements:
(1) Toileting facilities shall be enclosed and
discharged into a sanitary sewer. In lieu of connecting to
a sewer, the sanitary facility may be a portable,
enclosed, chemically-treated tank-tight unit.
(2) If a woman or an individual who menstruates is
present and employed for construction purposes on the
construction site, if the nature of the person's job does
not inherently limit the person's presence on the
construction site to 2 days or less, and if there are 10 or
more workers of any gender at the construction site, then
a separate toilet facility shall be provided at the
construction site and designated, for use by women and
individuals who menstruate, with exterior signage using
inclusive language for various gender identities, such as
"women and individuals who menstruate", to identify the
individuals who shall have access, except in existing
places of public accommodation or public buildings in
compliance with the Equitable Restrooms Act. Otherwise,
toileting If individual portable units are used, separate

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toileting facilities are not required for males and
females. Toileting facilities shall be provided based on
the Occupational Safety and Health Administration
construction sanitation standards, which are as follows:
(A) For 20 employees or less, one toilet facility
shall be provided.
(B) For 20 employees or more, one toilet facility
and one urinal per 40 workers shall be provided.
(C) For 200 or more employees, one toilet facility
and one urinal per 50 workers shall be provided.
(3) Hand cleansing units shall be provided.
(4) All non-sewered units shall be pumped and cleansed
regularly to ensure adequate working facilities.
(5) For non-residential temporary buildings or
non-residential buildings, the restroom facilities shall
be located within 300 feet of the entrance of the building
under construction.
(6) For residential temporary buildings or residential
buildings, the restroom facilities shall be made readily
available in nearby areas.
(Source: P.A. 94-42, eff. 6-17-05.)
(410 ILCS 37/10.5 new)
Sec. 10.5. Sanitary conditions for construction workers
who menstruate, express milk, or both.
(a) Within 6 months after the Department of Public Health

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adopts rules under this Act, employers in the construction
industry shall comply with this Section.
(b) Employers in the construction industry shall provide
their workers who menstruate and are performing construction
activities on a construction site with the following minimum
sanitary conditions:
(1) access, on the construction site, either to:
(A) a minimum size bathroom that can include a
standard sized portable chemical toilet and that can
be secured with a latch upon entry; or
(B) a permanent structure with a bathroom with
toileting facilities that can be secured with a latch
upon entry;
(2) an adequate amount of time to accommodate for
multiple layers of clothing while using the bathroom; and
(3) a sufficient amount or supply of menstrual hygiene
products that are available at no cost to the workers and
are:
(A) located, for construction sites with fewer
than 10 workers, in all gender-neutral bathrooms;
(B) located, for construction sites with 10 or
more workers, in bathrooms that are designated for
workers who menstruate and that are marked with
exterior signage that identifies the individuals who
shall have access; or
(C) provided in kits for each employee who needs

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the products.
As used in this subsection (b), "a sufficient amount or
supply of menstrual hygiene products" means at least 10 units
of the products.
(c) Employers in the construction industry shall provide
their workers who are lactating and performing construction
activities on a construction site with reasonable
accommodations upon request as needed to express breast milk
unless doing so constitutes an undue hardship. Minimum
reasonable accommodations shall comply with this Section and
the Nursing Mothers in the Workplace Act. Reasonable
accommodations under this Section may include:
(1) a flexible work schedule, including scheduling
breaks that provide time for expressing breast milk;
(2) a location, other than the bathroom, that is
convenient and sanitary for the employee to express breast
milk, that is private and lockable from the inside, and
that is identified by exterior signage that designates who
shall have access;
(3) convenient hygienic refrigeration on the
construction site for the storage of milk; and
(4) milk expression equipment and a convenient water
source, for the employee to clean and wash hands, which is
located in a private location near the location where the
breast milk is expressed.
(d) On multiemployer construction sites, each employer is

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responsible for ensuring that facilities for their own
employees are provided either directly or through agreement
with the prime contractor or the owner's representative of a
temporary building or building under construction.
(e) For purposes of this Section, "undue hardship" means
an action that is prohibitively expensive or disruptive when
considered in light of the following factors: (i) the nature
and cost of the accommodation needed; (ii) the overall
financial resources of the facility or facilities involved in
the provision of the reasonable accommodation, the number of
persons employed at the facility, the effect on expenses and
resources, or the impact of the accommodation upon the
operation of the facility; (iii) the overall financial
resources of the employer, the overall size of the business of
the employer with respect to the number of its employees, and
the number, type, and location of its facilities; and (iv) the
type of operation or operations of the employer, including the
composition, structure, and functions of the workforce of the
employer and the geographic, administrative, or fiscal
relationship of the facility or facilities in question to the
employer. The employer has the burden of proving undue
hardship. The fact that the employer provides or would be
required to provide a similar accommodation to similarly
situated employees creates a rebuttable presumption that the
accommodation does not impose an undue hardship on the
employer.

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(f) On or before January 1, 2027, the Department of Public
Health, in consultation with the Department of Human Rights,
shall adopt rules concerning reasonable accommodations under
this Section, including what constitutes an undue hardship on
an employer that would prevent accommodation. The
administrative rules shall consider any impact on small
businesses as required by Section 5-30 of the Illinois
Administrative Procedure Act.
(410 ILCS 37/15)
Sec. 15. Enforcement. Inspectors employed by
municipalities and counties may inspect construction sites to
ensure compliance with this Act. Employees on construction
sites may call the county or municipality with jurisdiction
over that construction site to request an inspection if
noncompliance with this Act is suspected.
Retaliation by employers is prohibited. It is unlawful for
any employer to threaten to take or to take any adverse action
against an employee because the employee:
(1) exercises employee's rights or attempts to
exercise the employee's rights under this Section;
(2) opposes practices that the employee believes to be
in violation of this Section; or
(3) supports the exercise of the employee's rights of
another under this Section.
It is unlawful for any employer to consider the need for a

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lactation or a menstruation accommodation by an employee as a
negative factor in any employment action that involves hiring,
evaluating, promoting, disciplining, terminating, or
laying-off of the employee.
(Source: P.A. 94-42, eff. 6-17-05.)
(410 ILCS 37/20)
Sec. 20. Penalty.
(a) Any owner or employer who fails or refuses to comply
with the provisions of this Act shall be deemed guilty of a
petty offense and shall be issued a fine not to exceed $100.
(b) Any owner or employer convicted of violating the
provisions of this Act shall be subject to a conviction for
succeeding offenses for each day he or she fails or refuses to
comply with the provisions of this Act.
(c) Any owner or employer who receives notice of having
failed to provide a separate toilet facility, menstrual
products, or lactation accommodations required under this Act
for a woman or individual who menstruates or expresses breast
milk shall have a 7-day grace period to comply with this Act
before the owner or employer shall be subject to a penalty
under this Act. The notice required under this Section must be
in writing to the owner or employer. The grace period shall not
apply if the owner or employer has previously received notice
with respect to the same employee.
(Source: P.A. 94-42, eff. 6-17-05.)

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(410 ILCS 37/25 new)
Sec. 25. Immunity from liability. An employer that in good
faith provides menstrual products in sealed packaging for
employee use as required by paragraph (3) of subsection (b) of
Section 10.5 of this Act shall not be liable in any civil
action for injuries resulting from the use of the product,
except for willful or wanton conduct by the employer.
Section 99. Effective date. This Act takes effect on
January 1, 2027.".