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