HB5769 101ST GENERAL ASSEMBLY

LRB101 21272 JLS 71861 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5769

Introduced , by Rep. André Thapedi - Curtis J. Tarver, II - Kambium Buckner - Thaddeus Jones - Lamont J. Robinson, Jr.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Personal Protective Equipment Responsibility Act. Requires an employer designated as an essential employer under a disaster proclamation issued pursuant to the Illinois Emergency Management Act or an executive order issued pursuant to the disaster proclamation to provide personal protective equipment to independent contractors and to all employees during the duration of the disaster proclamation or executive order. Defines terms. Authorizes the recovery of damages, including punitive damages, and attorney's fees. Effective immediately.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Personal Protective Equipment Responsibility Act.

Section 5. Definitions. In this Act:

"Employee" means any individual permitted to work by an employer in an occupation.

"Employer" means any entity, individual, partnership, association, corporation, business trust, governmental or quasi-governmental body, or any person or group of persons that employs any person to work, labor, or exercise skill in connection with the operation of any business, industry, vocation, or occupation.

"Essential employer" means an employer engaged in an essential business or operation as designated in a disaster proclamation issued pursuant to the Illinois Emergency Management Act or any executive order issued in furtherance of the disaster proclamation.

"Operator" means the person or entity that has operational or managerial control of the essential employer and includes any officer, member, or partner of the person or entity that has operational or managerial control of the essential employer.

"Owner" means a person or entity that has legal ownership of the essential employer.

"Personal protective equipment" means equipment worn to minimize exposure to hazards that cause illnesses or serious injuries, which may result from contact with biological, chemical, radiological, physical, electrical, mechanical, or other workplace hazards. "Personal protective equipment" includes, but is not limited to, items such as face coverings, gloves, safety glasses, safety face shields, shoes, earplugs or muffs, hard hats, respirators, coveralls, vests, and full body suits.

Section 10. Duty to provide personal protection equipment to employees.

(a) The owner and the operator of an employer engaged in an essential business have the duty, jointly and severally, to provide independent contractors and employees with appropriate face coverings and require that independent contractors and employees wear face coverings when maintaining a 6-foot social distance is not possible at all times. When the work circumstances require, the owner and operator have a duty to provide independent contractors and employees with other personal protection equipment in addition to face coverings.

(b) The personal protective equipment required to be provided under this Section must comply with the standards established under the federal Occupational Safety and Health Act of 1970 for general industry, shipyard employment, marine terminals, longshoring, and construction, as applicable to the employer.

(c) The personal protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, must be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, biological hazards, chemical hazards, radiological hazards, or mechanical irritants being encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact.

(d) The duty imposed under this Act is in addition to any other duty imposed under State or federal law.

(e) The duty imposed under this Act commences upon the issuance of a disaster proclamation by the Governor under the Illinois Emergency Management Act or any executive order issued in furtherance of the disaster proclamation designating an employer as an essential employer and continues until the expiration of the disaster proclamation or executive order.

(f) The duty imposed under this Act upon owners and operators is joint and several. Owners and operators are jointly and severally liable for any damages arising out of a violation of this Act.

Section 15. Injunctive relief. A person or an employee aggrieved by a violation of this Act, or the employee's representative, may bring an action against the owner or operator of the essential business, or both, to restrain, by preliminary or permanent injunction, the violation. The Court, in its discretion, may exercise all powers necessary, including, but not limited to, injunction, revocation, forfeiture, or suspension of any license, registration, certificate, or other evidence of authority of any person to do business in this State.

Section 20. Action for damages.

(a) A person or employee who suffers actual damage as a result of a violation of this Act by an owner or operator of an essential business may bring an action against the owner and operator. The court, in its discretion, may award actual damages, punitive damages, and any other relief the court deems proper.

(b) An action for damages may be commenced in any county in which: the owner or operator of the essential business resides; the essential business has its principal place of business or is doing business; or the violation occurred.

(c) In an action for damages brought under this Act, the court shall award the injured person or employee 3 times the amount of actual damages resulting from the violation and may award punitive damages, reasonable attorney's fees and costs to the person, the employee, or the employee's representative.

(d) Any action for damages under this Act shall be forever barred unless commenced within 3 years after the cause of action accrued.

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