What Contractors Need-To-Know: New Illinois Jobsite Rules

Starting in 2027, Illinois contractors will have new responsibilities when it comes to restroom facilities, menstrual hygiene products and lactation accommodations for women working in construction.

Gov. JB Pritzker signed Public Act 104-0850 (SB 3465) on Aug. 21, making Illinois the second state after Washington to establish these protections specifically for construction workers. The law takes effect Jan. 1, 2027, with employers required to comply with the new sanitary-condition requirements within six months of that date.

Restroom Compliance Updates
10+ workers on site? A separate restroom must be provided for women and individuals who menstruate when they’re expected to be on site for more than two days.
The restroom must have exterior signage and a latch that can be secured from inside.
Smaller jobsites can continue using gender-neutral facilities.

Menstrual Products Compliance Updates
Provide at least 10 menstrual hygiene products at no cost to workers who need them.
Fewer than 10 workers: Products must be available in genderneutral restrooms.
10+ workers: Products must be available in the designated restroom.
Workers must be given adequate restroom time, including time to manage multiple layers of clothing and PPE.

Lactation Compliance Updates
When a worker requests an accommodation to express breast milk, employers must provide reasonable accommodations unless doing so would create an undue hardship. Options may include:
Flexible breaks
A private, secure space other than a restroom
Refrigeration for expressed milk
Water for hand and equipment sanitation

Who's Responsible?
Each employer is responsible for its own employees on a multi-employer site. Requirements can be handled directly or through an agreement with the owner or prime contractor.

Penalties
Noncompliance is a petty offense with fines up to $100 per day, with each day counting as a separate violation. Owners and employers generally have seven days after written notice to correct a violation. The grace period doesn’t apply to repeat violations involving the same employee.

Start Prepping Now!
Review jobsite restroom arrangements
Talk with your portable sanitation provider
Add menstrual products to your jobsite supply list
Brief foremen and supervisors on the new requirements
Review your policies for handling accommodation requests
Clarify responsibilitieswith owners and prime contractors