|
Rep. John A. Fritchey
Filed: 4/8/2008
|
|
09500HB2094ham001 |
|
LRB095 08083 WGH 49167 a |
|
|
1 |
| AMENDMENT TO HOUSE BILL 2094
|
2 |
| AMENDMENT NO. ______. Amend House Bill 2094 by replacing |
3 |
| the title with the following:
|
4 |
| "AN ACT providing for the protection and safety of persons |
5 |
| in and about the
construction, repairing, alteration, or
|
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.
|
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/).
|
|
|
|
09500HB2094ham001 |
- 2 - |
LRB095 08083 WGH 49167 a |
|
|
1 |
| The General Assembly recognizes that construction work |
2 |
| gives rise to a
disproportionate number of deaths and serious |
3 |
| injuries.
|
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.
|
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
|
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.
|
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) |
|
|
|
09500HB2094ham001 |
- 3 - |
LRB095 08083 WGH 49167 a |
|
|
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
|
4 |
| scaffolding or staging shall be so fastened as to prevent the |
5 |
| same from
swaying from the building or structure.
|
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
|
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
|
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.
|
|
|
|
09500HB2094ham001 |
- 4 - |
LRB095 08083 WGH 49167 a |
|
|
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
|
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
|
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.
|
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 |
|
|
|
09500HB2094ham001 |
- 5 - |
LRB095 08083 WGH 49167 a |
|
|
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.
|
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
|
|
|
|
09500HB2094ham001 |
- 6 - |
LRB095 08083 WGH 49167 a |
|
|
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.
|
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
|
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
|
23 |
| falling in case of any accident to such working scaffold, |
24 |
| staging, swing,
hammock, support or temporary platform.
|
|
|
|
09500HB2094ham001 |
- 7 - |
LRB095 08083 WGH 49167 a |
|
|
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
|
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.
|
|
|
|
09500HB2094ham001 |
- 8 - |
LRB095 08083 WGH 49167 a |
|
|
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
|
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
|
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 |
|
|
|
09500HB2094ham001 |
- 9 - |
LRB095 08083 WGH 49167 a |
|
|
1 |
| Act,
enforce the provisions thereof.
|
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
|
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.
|
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
|
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.
|
23 |
| Section 9. Any owner, contractor, sub-contractor, foreman |
|
|
|
09500HB2094ham001 |
- 10 - |
LRB095 08083 WGH 49167 a |
|
|
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.
|
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.
|
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.
|
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 |