Full Text of HB2094 95th General Assembly
HB2094ham002 95TH GENERAL ASSEMBLY
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Rep. John A. Fritchey
Filed: 4/29/2008
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| AMENDMENT TO HOUSE BILL 2094
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| AMENDMENT NO. ______. Amend House Bill 2094, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 0.01. Short title. This Act may be cited as the | 6 |
| Construction
Safety
Act of 2008.
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| Section 0.5. Intent; findings. It is the intent of the | 8 |
| General Assembly that this Act
shall be interpreted consistent | 9 |
| with prior precedent and court decisions
interpreting the | 10 |
| Structural Work Act (formerly 740 ILCS 150/).
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| The General Assembly recognizes that construction work | 12 |
| gives rise to a
disproportionate number of deaths and serious | 13 |
| injuries.
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| It is the intent of the General Assembly that this Act is | 15 |
| to be liberally
construed to effectuate its beneficial
purpose | 16 |
| of protecting persons engaging in
occupations of working in and |
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| about construction, repairing, alteration, or
removal of | 2 |
| buildings, bridges, viaducts, and other structures. This | 3 |
| liberal
interpretation exists so as to provide workers with a | 4 |
| safe place to work and to
afford relief to injured workers.
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| Section 1. All scaffolds, hoists, cranes, stays,
ladders, | 6 |
| supports, or other mechanical contrivances, erected or | 7 |
| constructed
by any person, firm or corporation in this State | 8 |
| for the use in the
erection, repairing, alteration, removal or | 9 |
| painting of any house,
building, bridge, viaduct, or other | 10 |
| structure, shall be erected and
constructed, in a safe, | 11 |
| suitable and proper manner, and shall be so erected
and | 12 |
| constructed, placed and operated as to give proper and adequate
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| protection to the life and limb of any person or persons | 14 |
| employed or
engaged thereon, or passing under or by the same, | 15 |
| and in such manner as to
prevent the falling of any material | 16 |
| that may be used or deposited thereon.
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| Scaffold or staging
ten (10) or more feet above the ground | 18 |
| or floor shall have, where
practicable, a safety rail properly | 19 |
| bolted, secured and braced, rising at
least forty-two (42) | 20 |
| inches above the floor or main portion of such
scaffolding or | 21 |
| staging, and extending along the entire length of the
outside | 22 |
| and ends thereof, and properly attached thereto, and such
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| scaffolding or staging shall be so fastened as to prevent the | 24 |
| same from
swaying from the building or structure.
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| Section 2. If in any house, building or structure in | 2 |
| process of erection
or
construction in this State (except a | 3 |
| private house, used exclusively as a
private residence), the | 4 |
| distance between the enclosing walls, is more than
twenty-four | 5 |
| (24) feet, in the clear, there shall be built, kept and
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| maintained, proper intermediate supports for the joists, which | 7 |
| supports
shall be either brick walls, or iron or steel columns, | 8 |
| beams, trusses
or girders, and the floors in all such houses, | 9 |
| buildings or
structures, in process of erection and | 10 |
| construction, shall be designed and
constructed in such manner | 11 |
| as to be capable of bearing in all their parts,
in addition to | 12 |
| the weight of the floor construction, partitions and
permanent | 13 |
| fixtures and mechanisms that may be set upon the same, a live
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| load of fifty (50) pounds for every square foot of surface in | 15 |
| such floors,
and it is hereby made the duty of the owner, | 16 |
| lessee, builder or contractor
or sub-contractor, of such house, | 17 |
| building or structure, or the
superintendent or agent of | 18 |
| either, to see that all the provisions of this
Section are | 19 |
| complied with.
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| Section 3. It shall be the duty of the owner of every | 21 |
| house, building or
structure (except a private house used | 22 |
| exclusively as a private residence)
now under construction or | 23 |
| hereafter to be constructed, to affix and display
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| conspicuously, on each floor of such building during | 25 |
| construction, a
placard stating the load per square foot of |
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| floor surface, which may with
safety be applied to that | 2 |
| particular floor during such construction; or if
the strength | 3 |
| of different parts of any floor varies, then there shall be
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| such placards for each varying part of such floor. It shall be | 5 |
| unlawful to
load any such floors or any part thereof to a | 6 |
| greater extent than the load
indicated on such placards, and | 7 |
| all such placards shall be verified and
approved by the | 8 |
| Director of Labor or by the local commissioner or inspector
of | 9 |
| buildings or other proper authority in the city, town or | 10 |
| village charged
with the enforcement of building laws.
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| Section 4. Whenever it shall come to the notice of the | 12 |
| Director of Labor or
the local authority in any city, town or | 13 |
| village in this State charged with
the duty of enforcing the | 14 |
| building laws, that the scaffolding or the
slings, hangers, | 15 |
| blocks, pulleys, stays, braces, ladders, irons or ropes of
any | 16 |
| swinging or stationary scaffolding, platform or other similar | 17 |
| device
used in the construction, alteration, repairing, | 18 |
| removing, cleaning or
painting of buildings, bridges or | 19 |
| viaducts within this State are unsafe or
liable to prove | 20 |
| dangerous to the life or limb of any person, the Director
of | 21 |
| Labor or such local authority or authorities shall immediately | 22 |
| cause an
inspection to be made of such scaffolding, platform or | 23 |
| device, or the
slings, hangers, blocks, pulleys, stays, braces, | 24 |
| ladders, irons or other
parts connected therewith. If, after | 25 |
| examination, such scaffolding,
platform or device or any of |
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| such parts is found to be dangerous to the
life or limb of any | 2 |
| person, the Director of Labor or such local authority
shall at | 3 |
| once notify the person responsible for its erection or | 4 |
| maintenance
of such fact, and warn him against the use, | 5 |
| maintenance or operation
thereof, and prohibit the use thereof, | 6 |
| and require the same to be altered
and reconstructed so as to | 7 |
| avoid such danger. Such notice may be served
personally upon | 8 |
| the person responsible for its erection or maintenance, or
by | 9 |
| conspicuously affixing it to the scaffolding, platform or other | 10 |
| such
device, or the part thereof declared to be unsafe. After | 11 |
| such notice has
been so served or affixed, the person | 12 |
| responsible therefor shall cease
using and immediately remove | 13 |
| such scaffolding, platform or other device, or
part thereof, | 14 |
| and alter or strengthen it in such manner as to render it
safe.
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| The Director of Labor or such local authority, whose duty | 16 |
| it is under
the terms of this Act to examine or test any | 17 |
| scaffolding, platform or other
similar device, or part thereof, | 18 |
| required to be erected and maintained by
this Section, shall | 19 |
| have free access at all reasonable hours to any
building, | 20 |
| structure or premises containing such scaffolding, platform or
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| other similar device, or parts thereof, or where they may be in | 22 |
| use. All
swinging and stationary scaffolding, platforms and | 23 |
| other devices shall be
so constructed as to bear four times the | 24 |
| maximum weight required to be
dependent therein, or placed | 25 |
| thereon, when in use, and such swinging
scaffolding, platform | 26 |
| or other device shall not be so overloaded or
overcrowded as to |
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| render the same unsafe or dangerous.
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| Section 5. Any person, firm or corporation in this State, | 3 |
| hiring,
employing or directing another to perform labor of any | 4 |
| kind, in the
erecting, repairing, altering or painting of any | 5 |
| water pipe, stand pipe,
tank, smoke stack, chimney, tower, | 6 |
| steeple, pole, staff, dome or cupola,
when the use of any | 7 |
| scaffold, staging, swing, hammock, support, temporary
platform | 8 |
| or other similar contrivance are required or used, in the
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| performance of such labor, shall keep and maintain at all | 10 |
| times, while such
labor is being performed, and such mechanical | 11 |
| device is in use or
operation, a safe and proper scaffold, | 12 |
| stay, support or other suitable
device, not less than sixteen | 13 |
| (16) feet or more below such working
scaffold, staging, swing, | 14 |
| hammock, support or temporary platform, when such
work is being | 15 |
| performed, at a height of thirty-two (32) feet, for the
purpose | 16 |
| of preventing the person or persons performing such labor, from
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| falling in case of any accident to such working scaffold, | 18 |
| staging, swing,
hammock, support or temporary platform.
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| Section 6. All contractors and owners, when constructing | 20 |
| buildings in
cities,
where the plans and specifications require | 21 |
| the floors to be arched between
the beams thereof, or where the | 22 |
| floors or filling in between the
floors are fire-proof material | 23 |
| or brick work, shall complete the flooring
or filling in as the | 24 |
| building progresses, to not less than within three
tiers or |
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| beams below that on which the iron work is being erected. If | 2 |
| the
plans and specifications of such buildings do not require | 3 |
| filling in
between the beams or floors with brick or fire-proof | 4 |
| material, all
contractors for carpenter work in the course of | 5 |
| construction shall lay the
under flooring thereof or a safe | 6 |
| temporary floor on each story as the
building progresses to not | 7 |
| less than within two stories or floors below the
one to which | 8 |
| such building has been erected. Where double floors are not to
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| be used, such owner or contractor shall keep planked over the | 10 |
| floor two
stories or floors below the story where the work is | 11 |
| being performed. If the
floor beams are of iron or steel the | 12 |
| contractors for the iron or steel work
of buildings in the | 13 |
| course of construction or the owners of such buildings,
shall | 14 |
| thoroughly plank over the entire tier of iron or steel beams on | 15 |
| which
the structural iron or steel work is being erected, | 16 |
| except such spaces as
may be reasonably required for the proper | 17 |
| construction of such iron or
steel work and for the raising and | 18 |
| lowering of materials, to be used in the
construction of such | 19 |
| buildings, or such spaces as may be designated by the
plans and | 20 |
| specifications for stairways and elevator shafts.
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| Section 7. If elevating machines or hoisting apparatus are | 22 |
| used within a
building in the course of construction for the | 23 |
| purpose of lifting materials
to be used in such construction, | 24 |
| the contractors or owners shall cause the
shafts or openings in | 25 |
| each floor to be enclosed or fenced in on all sides
by a |
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| substantial barrier or railing at least eight feet in height. | 2 |
| Any
hoisting machine or engine used in such building | 3 |
| construction shall, where
practicable, be set up or placed on | 4 |
| the ground, and where it is necessary
in the construction of | 5 |
| such building to place such hoisting machine or
engine on some | 6 |
| floor above the ground floor, such machine or engine must be
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| properly and securely supported with a foundation capable of | 8 |
| safely
sustaining twice the weight of such machine or engine. | 9 |
| If a building in
course of construction is five stories or more | 10 |
| in height, no material
needed for such construction shall be | 11 |
| hoisted or lifted over public streets
or alleys unless such | 12 |
| street or alley shall be barricaded from use by the
public. The | 13 |
| chief officer in any city, town or village charged with the
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| enforcement of local building laws, and the Director of Labor | 15 |
| are hereby
charged with enforcing the provisions of this Act. | 16 |
| Provided, that in all
cities in this State where a local | 17 |
| building commissioner is provided for by
law, such officer | 18 |
| shall be charged with the duty of enforcing the
provisions of | 19 |
| this Act, and in case of his failure, neglect or refusal so
to | 20 |
| do, the Director of Labor shall, pursuant to the terms of this | 21 |
| Act,
enforce the provisions thereof.
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| Section 7a. If elevating machines or hoisting apparatus, | 23 |
| operated or
controlled by other than hand power, are used in | 24 |
| the construction,
alteration or removal of any building or | 25 |
| other structure, a complete and
adequate system of |
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| communication by means of signals shall be provided and
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| maintained by the owner, contractor or sub-contractor, during | 3 |
| the use and
operation of such elevating machines or hoisting | 4 |
| apparatus, in order that
prompt and effective communication may | 5 |
| be had at all times between the
operator of engine or motive | 6 |
| power of such elevating machine and hoisting
apparatus, and the | 7 |
| employees or persons engaged thereon, or in using or
operating | 8 |
| the same.
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| Section 9. Any owner, contractor, sub-contractor, foreman | 10 |
| or other
person having charge of the erection, construction, | 11 |
| repairing,
alteration, removal or painting of any building, | 12 |
| bridge, viaduct or
other structure within the provisions of | 13 |
| this Act, shall comply with all
the terms thereof.
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| For any injury to person or property, occasioned by any | 15 |
| wilful
violations of this Act, or wilful failure to comply with | 16 |
| any of its
provisions, a right of action shall accrue to the | 17 |
| party injured, for any
direct damages sustained thereby; and in | 18 |
| case of loss of life by reason
of such wilful violation or | 19 |
| wilful failure as aforesaid, a right of
action shall accrue to | 20 |
| the surviving spouse of the person so killed, the
lineal heirs | 21 |
| or adopted children of such person, or to any other person
or | 22 |
| persons who were, before such loss of life, dependent for | 23 |
| support on
the person or persons so killed, for a like recovery | 24 |
| of damages for the
injuries sustained by reason of such loss of | 25 |
| life or lives.
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| Section 10. Any party to an action brought under this Act | 2 |
| is entitled to a
trial by jury.
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| Section 11. Illinois licensed design professionals. | 4 |
| Notwithstanding the provisions of Section 9 of this Act, no | 5 |
| right of action shall accrue under this act against an Illinois | 6 |
| licensed design professional who does not have any | 7 |
| responsibility for work-site safety and whose involvement, | 8 |
| role, and activity is solely and exclusively limited to | 9 |
| architectural, engineering, or land surveying services. For | 10 |
| purposes of this Section, "Illinois licensed design | 11 |
| professional" means a person or entity who, at the time the | 12 |
| services in question were performed, was registered as an | 13 |
| Illinois Professional Design Firm or held an active license as | 14 |
| an architect under the Illinois Architecture Practice Act of | 15 |
| 1989, a structural engineer under the Structural Engineering | 16 |
| Practice Act of 1989, a professional engineer under the | 17 |
| Professional Engineering Practice Act of 1989, or a land | 18 |
| surveyor under the Illinois Professional Land Surveyor Act of | 19 |
| 1989.
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| Section 97. Severability. The provisions of this Act are | 21 |
| severable under Section 1.31 of the Statute on Statutes. | 22 |
| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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