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| [ House Amendment 001 ] |
90_HB3696
New Act
745 ILCS 10/2-101 from Ch. 85, par. 2-101
Creates the Construction Safety Act, the purpose of which
is to promote safety on construction sites. Specifies safety
requirements for scaffolds, ladders, and similar devices and
for excavations. Provides for liability of persons or
entities having charge of work who knew of or could have
discovered unsafe placement, use, or operation of a scaffold,
ladder, or similar device. Provides for a right of action
for persons injured as a result of a violation of the Act and
for survivors of persons killed as a result of a violation of
the Act. Provides that it is not a defense to an action
brought under the Act that the person having charge of the
work is a local public entity, and amends the Local
Governmental and Governmental Employees Tort Immunity Act to
make a conforming change.
LRB9010923DJcdA
LRB9010923DJcdA
1 AN ACT concerning construction safety.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Construction Safety Act.
6 Section 5. Purpose. The purpose of this Act is to
7 promote safety on construction sites by providing protection
8 for working men and women who are involved in dangerous and
9 extrahazardous work that is inherent in the construction
10 industry.
11 Section 10. Definitions. In this Act:
12 "Scaffold" means any temporary elevated platform, whether
13 supported or suspended, and its supporting structure
14 (including points of anchorage) used for supporting employees
15 or materials or both.
16 A "supported" scaffold means one or more platforms
17 supported by outrigger beams, brackets, poles, legs,
18 uprights, posts, frames, or any similar rigid support.
19 A "suspended" scaffold means one or more platforms
20 suspended by ropes or other non-rigid means from an overhead
21 structure or structures.
22 Section 15. Covered persons and entities. Every owner,
23 contractor, sub-contractor, superintendent, foreman, or other
24 person or entity having charge of construction, repair,
25 painting, remodeling, erection, or renovation of a building,
26 home, apartment, bridge, viaduct, road, tunnel, pit, or other
27 structure has a non-delegable duty to provide every person
28 engaged in that construction or other work with a safe place
29 to work. As such, every owner, contractor, sub-contractor,
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1 superintendent, foreman, or other person or entity having
2 charge of construction, repair, painting, remodeling,
3 erection, or renovation of a building, home, apartment,
4 bridge, viaduct, road, tunnel, pit, or other structure shall
5 comply with all of the terms and provisions of this Act.
6 Section 20. Safety requirements; liability.
7 (a) If (i) a scaffold, ladder, hoist, crane, stay,
8 support, or other mechanical contrivance or device is placed,
9 used, or operated in a condition or manner or under
10 circumstances that are not safe or suitable so as to give
11 adequate protection to the life or limb of any person
12 employed or engaged thereon or passing by or under it and
13 (ii) a person or entity having charge of work described in
14 Section 15 either (A) knew of the condition, manner, or
15 circumstances of the placement, use, or operation of the
16 device or (B) in the exercise of ordinary care could have
17 discovered the condition, manner, or circumstances of the
18 placement, use, or operation of the device, then the person
19 or entity having charge of the work is liable for any
20 injuries to persons engaged in the work that result from the
21 condition, manner, or circumstances of the placement, use, or
22 operation of the device.
23 (b) If a person or entity having charge of work
24 described in Section 15 fails to provide a safe and suitable
25 scaffold, ladder, hoist, crane, stay, support, or other
26 mechanical contrivance or device under circumstances where
27 such a device was reasonably required, then that person or
28 entity having charge of the work is liable for any injuries
29 to persons engaged in the work that result from the
30 condition, manner, or circumstances of the placement, use, or
31 operation of the device.
32 (c) Every employee at the edge of an excavation 6 feet
33 or more in depth must be protected from falling by guardrail
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1 systems, fences, or barricades if the excavation cannot
2 readily be seen because of plant growth or some other visual
3 barrier.
4 (d) Every employee at the edge of a well, pit, shaft, or
5 similar excavation 6 feet or more in depth must be protected
6 from falling by guardrail systems, fences, barricades, or
7 covers.
8 (e) Covers for holes in floors, roofs, and other walking
9 or working surfaces must meet the following requirements:
10 (1) Every cover located in a roadway or vehicular
11 aisle must be capable of supporting without failure at
12 least twice the maximum axle load of the largest vehicle
13 expected to cross over the cover.
14 (2) Every cover other than those described in
15 paragraph (1) must be capable of supporting without
16 failure at least twice the weight of workers, equipment,
17 and materials that may be imposed on the cover at any one
18 time.
19 (3) Every cover must be secured when installed so
20 as to prevent accidental displacement by wind, equipment,
21 or workers.
22 (4) Every cover must be color coded or marked with
23 the word "HOLE" or "COVER" to provide a warning of the
24 hazard.
25 Section 25. Right of action.
26 (a) A right of action for damages accrues to any person
27 injured as a result of any violation of this Act. In the
28 case of death as a result of any violation of this Act, a
29 right of action accrues to the surviving spouse, heirs, or
30 any other person or persons who were dependent for support on
31 the person killed for a like recovery of damages.
32 (b) It is not a defense to an action brought under this
33 Act that some conduct of the injured party may have
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1 contributed to his or her injury or death. Comparative
2 negligence does not apply to the conduct of a person injured
3 under this Act.
4 (c) Intoxication by alcohol or illegal drugs while
5 engaged in construction activity bars a cause of action under
6 this Act.
7 (d) It is not a defense to an action brought under this
8 Act that the person or entity having charge of the work is a
9 local public entity.
10 (e) In an action under this Act every defendant found to
11 have violated this Act is jointly and severally liable for
12 all damages that result from the violation.
13 Section 90. The Local Governmental and Governmental
14 Employees Tort Immunity Act is amended by changing Section
15 2-101 as follows:
16 (745 ILCS 10/2-101) (from Ch. 85, par. 2-101)
17 Sec. 2-101. Nothing in this Act affects the right to
18 obtain relief other than damages against a local public
19 entity or public employee. Nothing in this Act affects the
20 liability, if any, of a local public entity or public
21 employee, based on:
22 a Contract.;
23 b Operation as a common carrier; and this Act does not
24 apply to any entity organized under or subject to the
25 "Metropolitan Transit Authority Act", approved April 12,
26 1945, as amended.;
27 c The "Workers' Compensation Act", approved July 9,
28 1951, as heretofore or hereafter amended.;
29 d The "Workers' Occupational Diseases Act", approved
30 July 9, 1951, as heretofore or hereafter amended.;
31 e Section 1-4-7 of the "Illinois Municipal Code",
32 approved May 29, 1961, as heretofore or hereafter amended.
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1 f The "Illinois Uniform Conviction Information Act",
2 enacted by the 85th General Assembly, as heretofore or
3 hereafter amended.
4 g The Construction Safety Act.
5 (Source: P.A. 85-922.)