Summary as Introduced
Amends the Construction Site Temporary Restroom Facility Act. Changes the Act's short title to the Construction Site Temporary Restroom Facility and Sanitary Conditions for Menstruation and Lactation Act. Repeals a provision which specifies that separate toileting facilities are not required for males and females if individual portable toilet facilities are used by an owner of a portable building or building under construction to provide access to a restroom. Provides that, if a woman or an individual who menstruates is present on a work site and there are 10 or more workers of any gender at the work site, then a separate toilet facility shall be provided at the work site and designated for use by women and individuals who menstruate. Requires employers in the construction industry to provide their workers who menstruate and are performing construction activities on a work site with minimum sanitary conditions. Describes the required minimum sanitary conditions. Requires employers in the construction industry, upon request, to provide their workers who are lactating and performing construction activities on a work site with reasonable accommodations needed to express breast milk. Describes reasonable accommodations for lactation. Provides that, on or before January 1, 2027, the Department of Public Health shall provide guidance to employers on the accommodations to be provided. Authorizes employees of construction sites to call the certified local public health agency with jurisdiction over a construction site to request an inspection if noncompliance with the Act is suspected. Prohibits retaliation by employers if a call is made by an employee on a construction site for suspected noncompliance with the Act. Provides that any owner who fails or refuses to comply with the provisions of the Act commits a petty offense and is subject to a fine to be determined by the certified local public health agency (rather than only being subject to a petty offense). Defines "employer". Effective immediately.
Staff Analysis
Bill as Introduced
The bill amends the Construction Site Temporary Restroom Facility Act. Changes the Act's short title to the Construction Site Temporary Restroom Facility and Sanitary Conditions for Menstruation and Lactation Act. Repeals a provision which specifies that separate toileting facilities are not required for males and females if individual portable toilet facilities are used by an owner of a portable building or building under construction to provide access to a restroom. Provides that, if a woman or an individual who menstruates is present on a work site and there are 10 or more workers of any gender at the work site, then a separate toilet facility shall be provided at the work site and designated for use by women and individuals who menstruate. Requires employers in the construction industry to provide their workers who menstruate and are performing construction activities on a work site with minimum sanitary conditions. Describes the required minimum sanitary conditions. Requires employers in the construction industry, upon request, to provide their workers who are lactating and performing construction activities on a work site with reasonable accommodations needed to express breast milk. Describes reasonable accommodations for lactation. Provides that, on or before January 1, 2027, the Department of Public Health shall provide guidance to employers on the accommodations to be provided. Authorizes employees of construction sites to call the certified local public health agency with jurisdiction over a construction site to request an inspection if noncompliance with the Act is suspected. Prohibits retaliation by employers if a call is made by an employee on a construction site for suspected noncompliance with the Act. Provides that any owner who fails or refuses to comply with the provisions of the Act commits a petty offense and is subject to a fine to be determined by the certified local public health agency (rather than only being subject to a petty offense). Defines "employer". Effective immediately.
House Floor Amendment 1
The amendment modifies the Construction Site Temporary Restroom Facility Act and renames it the Construction Site Temporary Restroom Facility and Sanitary Conditions for Menstruation and Lactation Act. The legislation requires separate toilet facilities for women and individuals who menstruate at construction sites with 10 or more workers when such individuals are present on the work site. The bill also requires construction industry employers to provide minimum sanitary conditions for workers who menstruate and reasonable accommodations for workers who are lactating and need to express breast milk while performing construction activities. The Department of Public Health would be required to issue guidance on required accommodations by January 1, 2027. The legislation authorizes employees to request inspections from certified local public health agencies for suspected noncompliance and prohibits employer retaliation for reporting violations. Violations would remain petty offenses, but fines would be determined by the certified local public health agency. The bill takes effect immediately.
Potential County Impacts
The legislation could create operational and enforcement impacts for counties, particularly county public health departments serving as certified local public health agencies. County health departments may experience increased responsibilities associated with responding to complaints, conducting inspections, determining compliance, and assessing fines for violations involving restroom access, sanitary conditions, and lactation accommodations at construction sites.
Counties that directly employ construction workers or oversee county construction projects may also need to review workplace policies, contractor requirements, and job-site compliance standards to ensure restroom access, sanitary supplies, and lactation accommodations satisfy the new statutory requirements. County procurement and contracting processes may need updates to incorporate compliance obligations for contractors and subcontractors performing work on county-funded projects.
The bill may also result in additional administrative and compliance costs for local government construction projects due to potential requirements for additional portable restroom facilities, sanitary products, privacy accommodations, and related workplace modifications. Counties operating public works or facilities management departments could see indirect fiscal impacts associated with implementing these requirements on county construction sites.