Illinois May Soon Require "Essential Employers" To Provide PPE For Workers

The Illinois House of Representatives recently introduced House Bill 5769, which would create the Illinois Personal Protective Equipment Responsibility Act (the "Act"). The Act would require "essential employers" to provide personal protective equipment ("PPE") to both employees and independent contractors. The Act defines an "essential employer" as an employer engaged in an "essential business" as defined by a disaster proclamation issued pursuant to Illinois's Emergency Management Act or any executive order issued in furtherance thereof.

At a minimum, essential employers would be required to provide face coverings and require that such coverings be worn "when maintaining a 6-foot social distance is not possible at all times." Id. at § 10(a). Additional forms of PPE, including, but not limited to, gloves, safety glasses, safety face shields, shoes, earplugs or muffs, hard hats, respirators, coveralls, vests, and full body suits, must be provided "when work