Illinois General Assembly - Full Text of HB5769
Illinois General Assembly

Previous General Assemblies

Full Text of HB5769  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. André Thapedi - Curtis J. Tarver, II - Kambium Buckner - Thaddeus Jones - Lamont J. Robinson, Jr.


New Act

    Creates the Personal Protective Equipment Responsibility Act. Requires an employer designated as an essential employer under a disaster proclamation issued pursuant to the Illinois Emergency Management Act or an executive order issued pursuant to the disaster proclamation to provide personal protective equipment to independent contractors and to all employees during the duration of the disaster proclamation or executive order. Defines terms. Authorizes the recovery of damages, including punitive damages, and attorney's fees. Effective immediately.

LRB101 21272 JLS 71861 b





HB5769LRB101 21272 JLS 71861 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Personal Protective Equipment Responsibility Act.
6    Section 5. Definitions. In this Act:
7    "Employee" means any individual permitted to work by an
8employer in an occupation.
9    "Employer" means any entity, individual, partnership,
10association, corporation, business trust, governmental or
11quasi-governmental body, or any person or group of persons that
12employs any person to work, labor, or exercise skill in
13connection with the operation of any business, industry,
14vocation, or occupation.
15    "Essential employer" means an employer engaged in an
16essential business or operation as designated in a disaster
17proclamation issued pursuant to the Illinois Emergency
18Management Act or any executive order issued in furtherance of
19the disaster proclamation.
20    "Operator" means the person or entity that has operational
21or managerial control of the essential employer and includes
22any officer, member, or partner of the person or entity that
23has operational or managerial control of the essential



HB5769- 2 -LRB101 21272 JLS 71861 b

2    "Owner" means a person or entity that has legal ownership
3of the essential employer.
4    "Personal protective equipment" means equipment worn to
5minimize exposure to hazards that cause illnesses or serious
6injuries, which may result from contact with biological,
7chemical, radiological, physical, electrical, mechanical, or
8other workplace hazards. "Personal protective equipment"
9includes, but is not limited to, items such as face coverings,
10gloves, safety glasses, safety face shields, shoes, earplugs or
11muffs, hard hats, respirators, coveralls, vests, and full body
13    Section 10. Duty to provide personal protection equipment
14to employees.
15    (a) The owner and the operator of an employer engaged in an
16essential business have the duty, jointly and severally, to
17provide independent contractors and employees with appropriate
18face coverings and require that independent contractors and
19employees wear face coverings when maintaining a 6-foot social
20distance is not possible at all times. When the work
21circumstances require, the owner and operator have a duty to
22provide independent contractors and employees with other
23personal protection equipment in addition to face coverings.
24    (b) The personal protective equipment required to be
25provided under this Section must comply with the standards



HB5769- 3 -LRB101 21272 JLS 71861 b

1established under the federal Occupational Safety and Health
2Act of 1970 for general industry, shipyard employment, marine
3terminals, longshoring, and construction, as applicable to the
5    (c) The personal protective equipment, including personal
6protective equipment for eyes, face, head, and extremities,
7protective clothing, respiratory devices, and protective
8shields and barriers, must be provided, used, and maintained in
9a sanitary and reliable condition wherever it is necessary by
10reason of hazards of processes or environment, biological
11hazards, chemical hazards, radiological hazards, or mechanical
12irritants being encountered in a manner capable of causing
13injury or impairment in the function of any part of the body
14through absorption, inhalation, or physical contact.
15    (d) The duty imposed under this Act is in addition to any
16other duty imposed under State or federal law.
17    (e) The duty imposed under this Act commences upon the
18issuance of a disaster proclamation by the Governor under the
19Illinois Emergency Management Act or any executive order issued
20in furtherance of the disaster proclamation designating an
21employer as an essential employer and continues until the
22expiration of the disaster proclamation or executive order.
23    (f) The duty imposed under this Act upon owners and
24operators is joint and several. Owners and operators are
25jointly and severally liable for any damages arising out of a
26violation of this Act.



HB5769- 4 -LRB101 21272 JLS 71861 b

1    Section 15. Injunctive relief. A person or an employee
2aggrieved by a violation of this Act, or the employee's
3representative, may bring an action against the owner or
4operator of the essential business, or both, to restrain, by
5preliminary or permanent injunction, the violation. The Court,
6in its discretion, may exercise all powers necessary,
7including, but not limited to, injunction, revocation,
8forfeiture, or suspension of any license, registration,
9certificate, or other evidence of authority of any person to do
10business in this State.
11    Section 20. Action for damages.
12    (a) A person or employee who suffers actual damage as a
13result of a violation of this Act by an owner or operator of an
14essential business may bring an action against the owner and
15operator. The court, in its discretion, may award actual
16damages, punitive damages, and any other relief the court deems
18    (b) An action for damages may be commenced in any county in
19which: the owner or operator of the essential business resides;
20the essential business has its principal place of business or
21is doing business; or the violation occurred.
22    (c) In an action for damages brought under this Act, the
23court shall award the injured person or employee 3 times the
24amount of actual damages resulting from the violation and may



HB5769- 5 -LRB101 21272 JLS 71861 b

1award punitive damages, reasonable attorney's fees and costs to
2the person, the employee, or the employee's representative.
3    (d) Any action for damages under this Act shall be forever
4barred unless commenced within 3 years after the cause of
5action accrued.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.