I 

111TH CONGRESS 

1ST SESSION H. R. 3094 

To strengthen the Occupational Safety and Health Act of 1970 by revising 

regulations to increase worker safety on construction sites and, consequently, to protect child trespassers from unforeseen dangers. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2009 

Ms. EDWARDS of Maryland introduced the following bill; which was referred 

to the Committee on Education and Labor 

A BILL 

To strengthen the Occupational Safety and Health Act of 

1970 by revising regulations to increase worker safety 

on construction sites and, consequently, to protect child 

trespassers from unforeseen dangers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alexander L. Booker 

5 Child Protection Construction Site Safety Act’’. 

6 SEC. 2. REVISION OF REGULATIONS REQUIRED. 

7 Not later than 1 year after the date of the enactment 

8 of this Act, the Secretary of Labor shall revise regulations 


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1 promulgated under the Occupational Safety and Health 

2 Act of 1970 (29 U.S.C. 651 et seq.) and contained in sec3 tion 1926 of title 29, Code of Federal Regulations as fol4 lows: 

5 (1) Revise section 1926.200— 

6 (A) in subsection (a), to require that signs 

7 and symbols be on prominent display when a 

8 hazard exists, even during hours when work is 

9 not being performed; 

10 (B) in subsection (b)(1), to require danger 

11 signs to display clear warnings to children, as 

12 well as adults, of the danger present in a con13 struction site, including signs indicating the 

14 danger of equipment present on such site, and 

15 shall warn such individuals to not enter the site 

16 or touch or tamper with such equipment; and 

17 (C) in subsection (b)(2), to require danger 

18 signs to be large in size and contain graphic 

19 figures, such as a person falling with a no tres20 pass sign overlaying the figure, to indicate the 

21 present danger of falling or other bodily harm 

22 present on the construction site. 

23 (2) Revise section 1926.600(a)— 

24 (A) in paragraph (1), to require that all 

25 equipment left unattended at night, adjacent to 


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1 a highway in normal use, construction areas 

2 where work is in progress, or schools or other 

3 areas where children are known to congregate 

4 (such as bike trails and parks), have adequate 

5 and sufficient barricades— 

6 (i) preventing access to the equipment 

7 by any person; 

8 (ii) equipped with appropriate lights, 

9 reflectors, and signage warning trespassers 

10 to keep out and indicating that construc11 tion equipment is enclosed; and 

12 (iii) surrounding areas of imminent 

13 danger such as areas near transformers or 

14 sink holes; and 

15 (B) in paragraph (3)(ii), to require that, 

16 when not in use, all equipment must set the 

17 parking brakes and have devices attached, 

18 which— 

19 (i) cannot be triggered by the inser20 tion of coins or other objects; and 

21 (ii) set off an audible alarm when 

22 tampered with or broken. 

23 (3) Revise section 1926.601(b)— 


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1 (A) in paragraph (1), to require that all 

2 motorized vehicles be equipped with safety lock 

3 systems which— 

4 (i) shall render the vehicle inoperable 

5 when the vehicle is not in use; 

6 (ii) cannot be triggered by the inser7 tion of coins or other objects; 

8 (iii) which trigger an audible alarm 

9 when broken or tampered with; and 

10 (iv) are inspected regularly for 

11 functionality; and 

12 (B) in paragraph (11), to require that op13 erating levers controlling hoisting or dumping 

14 devices on haulage bodies or start or stop de15 vices on motorized construction equipment, in16 cluding all-terrain vehicles, shall be equipped 

17 with safety latches or other devices which— 

18 (i) will prevent accidental starting or 

19 tripping of the operating levers controlling 

20 hoisting or dumping devices on haulage 

21 bodies or start or stop devices on motor22 ized construction equipment; 

23 (ii) ensure that, once the safety 

24 latches or other devices are engaged and 


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1 the motorized equipment is turned off, the 

2 motorized equipment cannot be started; 

3 (iii) cannot be triggered by the inser4 tion of coins or other objects; and 

5 (iv) will trigger an audible alarm when 

6 such safety latches or other devices are 

7 tampered with, removed, or destroyed. 

Æ 


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