[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB0233
New Act
Creates the Road Worker Safety Act of 1997 and the
Structural Work Act of 1997, containing the same provisions
as the Road Worker Safety Act and the Structural Work Act.
Effective immediately.
LRB9000318WHdv
LRB9000318WHdv
1 AN ACT in relation to rights and remedies.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 1
5 Section 1-0.01. Short title. This Article may be cited
6 as the Road Worker Safety Act of 1997. References in this
7 Article to "this Act" mean this Article.
8 Section 1-1. All construction work upon bridges or
9 highways within the State of Illinois shall be so performed
10 and conducted that two-way traffic will be maintained when
11 such is safe and practical, and when not safe and practical,
12 or when any portion of the highway is obstructed, one-way
13 traffic shall be maintained, unless the authorized agency in
14 charge of said construction directs the road be closed to all
15 traffic.
16 Section 1-2. At all times during which men are working
17 where one-way traffic is utilized, the contractor or his
18 authorized agent in charge of such construction will be
19 required to furnish no fewer than two flagmen, one at each
20 end of the portion of highway or bridge on which only one-way
21 traffic is permitted, and at least 100 feet away from the
22 nearest point of the highway or bridge on which only one-way
23 traffic is safe and permitted. The flagmen shall be equipped
24 with safe, suitable, and proper signal devices as prescribed
25 in the Manual on Uniform Traffic Control Devices for Streets
26 and Highways published by the Department of Transportation,
27 and shall so use such devices as to inform approaching
28 motorists to stop or proceed. In addition, safe, suitable,
29 and proper signals and signs as prescribed in the Manual
30 shall be so placed as to warn approaching persons of the
-2- LRB9000318WHdv
1 existence of any portion of highway or bridge upon which only
2 one-way traffic is safe and permitted. At bridge construction
3 or bridge repair sites, where one-way traffic is utilized,
4 traffic control signals conforming to the Manual may be
5 installed and operated in lieu of, or in addition to,
6 flagmen. Whenever the Department of Transportation or local
7 authorities determine that a bridge or highway construction
8 site requires the closing of a road to through traffic, the
9 contract documents relating to such construction may specify
10 alternate procedures for flagging and controlling traffic,
11 when such procedures have been approved by the Department.
12 When alternate procedures are not included, traffic control
13 and flagging will be as prescribed in the first paragraph of
14 this Section.
15 Section 1-3. Drivers of any motor vehicle approaching any
16 section of highway or bridge which is limited to only one-way
17 traffic shall obey warning signs and shall stop their
18 vehicles if signaled to do so by a flagman or a traffic
19 control signal.
20 Section 1-4. Any portion of highway or bridge which is
21 closed to all traffic shall be marked at each place where
22 vehicles have accessible approach to such portion of highway
23 or bridge, and at a sufficient distance from the closed
24 portion of such highway or bridge shall be marked with an
25 adequate number of safe, suitable, and proper warning signs,
26 signals or barricades as set forth in the Manual of Uniform
27 Traffic Control Devices for Streets and Highways published by
28 the Department of Transportation so as to give warning to
29 approaching motorists that such portion of bridge or highway
30 is closed and unsafe for travel.
31 Section 1-5. Any contractor, subcontractor, or his
-3- LRB9000318WHdv
1 authorized agent in charge of construction work on highways
2 or bridges within the State of Illinois, or any driver of any
3 motor vehicle, who knowingly or wilfully violates any
4 provision of this Act, is guilty of a petty offense.
5 Section 1-6. Any contractor, subcontractor, or his or her
6 authorized agent or driver of any motor vehicle who knowingly
7 or wilfully violates any provision of this Act, shall be
8 responsible for any injury to person or property occasioned
9 by such violation, and a right of action shall accrue to any
10 person injured for any damages sustained thereby; and in case
11 of loss of life by reason of such violation, a right of
12 action shall accrue to the surviving spouse of the person so
13 killed, his or her heirs, or to any person or persons who
14 were, before such loss of life, dependent for support on the
15 person so killed, for a like recovery of damages sustained by
16 reason of such loss of life.
17 Section 1-7. In case of any failure to comply with any of
18 the provisions of this Act, the Director of Labor may,
19 through the State's Attorney, or any other attorney in case
20 of his failure to act promptly, take the necessary legal
21 steps to enforce compliance therewith.
22 Section 1-8. The provisions of this Act shall not apply
23 to employees or officials of the State of Illinois or any
24 other public agency engaged in the construction or
25 maintenance of highways and bridges.
26 ARTICLE 5
27 Section 5-0.01. Short title. This Article may be cited
28 as the Structural Work Act of 1997. References in this
29 Article to "this Act" means this Article.
-4- LRB9000318WHdv
1 Section 5-1. All scaffolds, hoists, cranes, stays,
2 ladders, supports, or other mechanical contrivances, erected
3 or constructed by any person, firm or corporation in this
4 State for the use in the erection, repairing, alteration,
5 removal or painting of any house, building, bridge, viaduct,
6 or other structure, shall be erected and constructed, in a
7 safe, suitable and proper manner, and shall be so erected and
8 constructed, placed and operated as to give proper and
9 adequate protection to the life and limb of any person or
10 persons employed or engaged thereon, or passing under or by
11 the same, and in such manner as to prevent the falling of any
12 material that may be used or deposited thereon.
13 Scaffold, or staging, swung or suspended from an overhead
14 support more than twenty (20) feet from the ground or floor
15 shall have, where practicable, a safety rail properly bolted,
16 secured and braced, rising at least thirty-four (34) inches
17 above the floor or main portion of such scaffolding or
18 staging, and extending along the entire length of the outside
19 and ends thereof, and properly attached thereto, and such
20 scaffolding or staging shall be so fastened as to prevent the
21 same from swaying from the building or structure.
22 Section 5-2. If in any house, building or structure in
23 process of erection or construction in this State (except a
24 private house, used exclusively as a private residence), the
25 distance between the enclosing walls, is more than
26 twenty-four (24) feet, in the clear, there shall be built,
27 kept and maintained, proper intermediate supports for the
28 joists, which supports shall be either brick walls, or iron
29 or steel columns, beams, trusses or girders, and the floors
30 in all such houses, buildings or structures, in process of
31 erection and construction, shall be designed and constructed
32 in such manner as to be capable of bearing in all their
33 parts, in addition to the weight of the floor construction,
-5- LRB9000318WHdv
1 partitions and permanent fixtures and mechanisms that may be
2 set upon the same, a live load of fifty (50) pounds for every
3 square foot of surface in such floors, and it is hereby made
4 the duty of the owner, lessee, builder or contractor or
5 sub-contractor, of such house, building or structure, or the
6 superintendent or agent of either, to see that all the
7 provisions of this section are complied with.
8 Section 5-3. It shall be the duty of the owner of every
9 house, building or structure (except a private house used
10 exclusively as a private residence) now under construction or
11 hereafter to be constructed, to affix and display
12 conspicuously, on each floor of such building during
13 construction, a placard stating the load per square foot of
14 floor surface, which may with safety be applied to that
15 particular floor during such construction; or if the strength
16 of different parts of any floor varies, then there shall be
17 such placards for each varying part of such floor. It shall
18 be unlawful to load any such floors or any part thereof to a
19 greater extent than the load indicated on such placards, and
20 all such placards shall be verified and approved by the
21 Director of Labor or by the local commissioner or inspector
22 of buildings or other proper authority in the city, town or
23 village charged with the enforcement of building laws.
24 Section 5-4. Whenever it shall come to the notice of the
25 Director of Labor or the local authority in any city, town or
26 village in this State charged with the duty of enforcing the
27 building laws, that the scaffolding or the slings, hangers,
28 blocks, pulleys, stays, braces, ladders, irons or ropes of
29 any swinging or stationary scaffolding, platform or other
30 similar device used in the construction, alteration,
31 repairing, removing, cleaning or painting of buildings,
32 bridges or viaducts within this State are unsafe or liable to
-6- LRB9000318WHdv
1 prove dangerous to the life or limb of any person, the
2 Director of Labor or such local authority or authorities
3 shall immediately cause an inspection to be made of such
4 scaffolding, platform or device, or the slings, hangers,
5 blocks, pulleys, stays, braces, ladders, irons or other parts
6 connected therewith. If, after examination, such scaffolding,
7 platform or device or any of such parts is found to be
8 dangerous to the life or limb of any person, the Director of
9 Labor or such local authority shall at once notify the person
10 responsible for its erection or maintenance of such fact, and
11 warn him against the use, maintenance or operation thereof,
12 and prohibit the use thereof, and require the same to be
13 altered and reconstructed so as to avoid such danger. Such
14 notice may be served personally upon the person responsible
15 for its erection or maintenance, or by conspicuously affixing
16 it to the scaffolding, platform or other such device, or the
17 part thereof declared to be unsafe. After such notice has
18 been so served or affixed, the person responsible therefor
19 shall cease using and immediately remove such scaffolding,
20 platform or other device, or part thereof, and alter or
21 strengthen it in such manner as to render it safe.
22 The Director of Labor or such local authority, whose duty
23 it is under the terms of this Act to examine or test any
24 scaffolding, platform or other similar device, or part
25 thereof, required to be erected and maintained by this
26 Section, shall have free access at all reasonable hours to
27 any building, structure or premises containing such
28 scaffolding, platform or other similar device, or parts
29 thereof, or where they may be in use. All swinging and
30 stationary scaffolding, platforms and other devices shall be
31 so constructed as to bear four times the maximum weight
32 required to be dependent therein, or placed thereon, when in
33 use, and such swinging scaffolding, platform or other device
34 shall not be so overloaded or overcrowded as to render the
-7- LRB9000318WHdv
1 same unsafe or dangerous.
2 Section 5-5. Any person, firm or corporation in this
3 State, hiring, employing or directing another to perform
4 labor of any kind, in the erecting, repairing, altering or
5 painting of any water pipe, stand pipe, tank, smoke stack,
6 chimney, tower, steeple, pole, staff, dome or cupola, when
7 the use of any scaffold, staging, swing, hammock, support,
8 temporary platform or other similar contrivance are required
9 or used, in the performance of such labor, shall keep and
10 maintain at all times, while such labor is being performed,
11 and such mechanical device is in use or operation, a safe and
12 proper scaffold, stay, support or other suitable device, not
13 less than sixteen (16) feet or more below such working
14 scaffold, staging, swing, hammock, support or temporary
15 platform, when such work is being performed, at a height of
16 thirty-two (32) feet, for the purpose of preventing the
17 person or persons performing such labor, from falling in case
18 of any accident to such working scaffold, staging, swing,
19 hammock, support or temporary platform.
20 Section 5-6. All contractors and owners, when
21 constructing buildings in cities, where the plans and
22 specifications require the floors to be arched between the
23 beams thereof, or where the floors or filling in between the
24 floors are fire-proof material or brick work, shall complete
25 the flooring or filling in as the building progresses, to not
26 less than within three tiers or beams below that on which the
27 iron work is being erected. If the plans and specifications
28 of such buildings do not require filling in between the beams
29 or floors with brick or fire-proof material, all contractors
30 for carpenter work in the course of construction shall lay
31 the under flooring thereof or a safe temporary floor on each
32 story as the building progresses to not less than within two
-8- LRB9000318WHdv
1 stories or floors below the one to which such building has
2 been erected. Where double floors are not to be used, such
3 owner or contractor shall keep planked over the floor two
4 stories or floors below the story where the work is being
5 performed. If the floor beams are of iron or steel the
6 contractors for the iron or steel work of buildings in the
7 course of construction or the owners of such buildings, shall
8 thoroughly plank over the entire tier of iron or steel beams
9 on which the structural iron or steel work is being erected,
10 except such spaces as may be reasonably required for the
11 proper construction of such iron or steel work and for the
12 raising and lowering of materials, to be used in the
13 construction of such buildings, or such spaces as may be
14 designated by the plans and specifications for stairways and
15 elevator shafts.
16 Section 5-7. If elevating machines or hoisting apparatus
17 are used within a building in the course of construction for
18 the purpose of lifting materials to be used in such
19 construction, the contractors or owners shall cause the
20 shafts or openings in each floor to be enclosed or fenced in
21 on all sides by a substantial barrier or railing at least
22 eight feet in height. Any hoisting machine or engine used in
23 such building construction shall, where practicable, be set
24 up or placed on the ground, and where it is necessary in the
25 construction of such building to place such hoisting machine
26 or engine on some floor above the ground floor, such machine
27 or engine must be properly and securely supported with a
28 foundation capable of safely sustaining twice the weight of
29 such machine or engine. If a building in course of
30 construction is five stories or more in height, no material
31 needed for such construction shall be hoisted or lifted over
32 public streets or alleys unless such street or alley shall be
33 barricaded from use by the public. The chief officer in any
-9- LRB9000318WHdv
1 city, town or village charged with the enforcement of local
2 building laws, and the Director of Labor are hereby charged
3 with enforcing the provisions of this Act. Provided, that in
4 all cities in this State where a local building commissioner
5 is provided for by law, such officer shall be charged with
6 the duty of enforcing the provisions of this Act, and in case
7 of his failure, neglect or refusal so to do, the Director of
8 Labor shall, pursuant to the terms of this Act, enforce the
9 provisions thereof.
10 Section 5-7a. If elevating machines or hoisting
11 apparatus, operated or controlled by other than hand power,
12 are used in the construction, alteration or removal of any
13 building or other structure, a complete and adequate system
14 of communication by means of signals shall be provided and
15 maintained by the owner, contractor or sub-contractor, during
16 the use and operation of such elevating machines or hoisting
17 apparatus, in order that prompt and effective communication
18 may be had at all times between the operator of engine or
19 motive power of such elevating machine and hoisting
20 apparatus, and the employes or persons engaged thereon, or in
21 using or operating the same.
22 Section 5-8. It shall be the duty of all architects or
23 draftsmen engaged in preparing plans, specifications or
24 drawings to be used in the erection, repairing, altering or
25 removing of any building or structure within the terms and
26 provisions of this Act to provide in such plans,
27 specifications and drawings for all the permanent structural
28 features or requirements specified in this Act; and any
29 failure on the part of any such architect or draftsmen to
30 perform such duty, shall be a petty offense.
31 Section 5-9. Any owner, contractor, sub-contractor,
-10- LRB9000318WHdv
1 foreman or other person having charge of the erection,
2 construction, repairing, alteration, removal or painting of
3 any building, bridge, viaduct or other structure within the
4 provisions of this Act, shall comply with all the terms
5 thereof, and any such owner, contractor, sub-contractor,
6 foreman or other person violating any of the provisions of
7 this Act shall be guilty of 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
10 the State's Attorney, or any other attorney in case of his or
11 her failure to act promptly, take the necessary legal steps
12 to enforce compliance therewith.
13 If it becomes necessary, through the refusal or failure
14 of the State's Attorney to act, for any other attorney to
15 appear for the State in any suit involving the enforcement of
16 any provision of this Act, reasonable fees for the services
17 of such attorney shall be allowed by the county board in and
18 for the 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
21 with any of its provisions, a right of action shall accrue to
22 the party injured, for any direct damages sustained thereby;
23 and in case of loss of life by reason of such wilful
24 violation or wilful failure as aforesaid, a right of action
25 shall accrue to the surviving spouse of the person so killed,
26 the lineal heirs or adopted children of such person, or to
27 any other person or persons who were, before such loss of
28 life, dependent for support on the person or persons so
29 killed, for a like recovery of damages for the injuries
30 sustained by reason of such loss of life or lives.
31 ARTICLE 99
32 Section 99-1. Effective date. This Act takes effect
-11- LRB9000318WHdv
1 upon becoming law.