Bill
HB 4760
Requires separate facilities for menstruating workers on larger sites and guaranteed sanitary products, plus lactation accommodations and enforcement guidance.
HB4760 (104th General Assembly, Illinois) – Construction Site Temporary Restroom Facility and Sanitary Conditions for Menstruation and Lactation Act
Purpose
- Expands and updates the Construction Site Temporary Restroom Facility Act to require additional sanitary protections for workers who menstruate and/or lactate, and clarifies enforcement, guidance, and penalties.
- Re-names the act to reflect these new requirements: Construction Site Temporary Restroom Facility and Sanitary Conditions for Menstruation and Lactation.
Key provisions and changes
- Short title: Changes to “Construction Site Temporary Restroom Facility and Sanitary Conditions for Menstruation and Lactation Act.”
- Separate facilities for menstruating workers: If a woman or an individual who menstruates is on site and there are 10 or more workers (of any gender), the site must provide a separate toilet facility designated for women and individuals who menstruate. This supersedes a prior provision that allowed individual portable toilets to substitute for gender-specific facilities in some cases.
- Mandatory sanitary conditions (new Section 10.5): Employers must ensure minimum sanitary conditions for workers who menstruate, including:
- Access to appropriate bathroom facilities on site (either a standard portable toilet that can be latched or a secure permanent bathroom).
- Sufficient time to accommodate multi-layer clothing while using the facility.
- A sufficient supply of menstrual hygiene products, provided at no cost. Distribution methods vary by site size:
- For sites with fewer than 10 workers: products in all gender-neutral bathrooms.
- For sites with 10 or more workers: products in bathrooms designated for workers who menstruate.
- Alternatively, products may be provided in individual kits (minimum 10 units per employee).
- Lactation accommodations: Employers must provide reasonable accommodations for workers who are lactating, upon request. Examples include flexible breaks, private and lockable lactation spaces, on-site refrigeration for milk, and readily available clean water. These accommodations must align with the Nursing Mothers in the Workplace Act.
- Department guidance: By January 1, 2027, the Illinois Department of Public Health must issue guidance to employers on the required accommodations under the lactation and menstruation provisions.
- Multiemployer sites: Each employer is responsible for ensuring their own employees’ facilities are provided.
- Enforcement and inspection: Municipal/county inspectors may inspect construction sites for compliance. Workers can request inspections by contacting the local certified public health agency. Retaliation against employees for suspected noncompliance is prohibited.
- Penalties: Violations by an owner are punishable as a petty offense, with fines set by the certified local public health agency. Repeated violations may carry subsequent-day conviction penalties.
- Effective date: Act takes effect immediately upon becoming law.
Who is affected
- Construction employers and site owners/operators.
- Workers on construction sites, specifically:
- Women and individuals who menstruate (guaranteed access to separate facilities and menstrual hygiene products; enhanced sanitary conditions).
- Workers who lactate (entitled to reasonable accommodations to express milk).
- Local public health agencies (enforcement and guidance role).
- Certified local public health agencies (penalty-setting authority for violations).
Procedural/timeline notes
- The Department of Public Health must issue guidance on lactation/menstruation accommodations by January 1, 2027.
- The act is effective as soon as it becomes law; later guidance will shape implementation.
- Inspections can be initiated by employees to address suspected noncompliance, with protections against retaliation.
Overall impact
- Strengthens on-site sanitation and worker protections related to menstruation and lactation.
- Introduces explicit separate facilities for menstruating workers in larger sites and expands what constitutes minimum sanitary conditions.
- Establishes a framework for guidance, inspection, and penalties to ensure compliance.
Compiled from official sources — confirm details with the bill’s official record.
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