An Act To Enhance Safety at Construction Sites by Regulating Open Trenches
Maine Legislature, Session 124, LD 1094
Committee Amendment CA_A_H269 (House)

COMMITTEE AMENDMENT "A" to H.P. 756, L.D. 1094, Bill, "An Act To 
Enhance Safety at Construction Sites by Regulating Open Trenches" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Study Safety Measures Relating to Open Trenches and Excavations' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Sec. 1. Department of Transportation to establish a working group to 
study safety measures relating to open trenches and excavations. Resolved: 
That the Department of Transportation, in conjunction with the Department of Public 
Safety, shall establish a working group to study trench and excavation safety, referred to 
in this resolve as "the working group." In addition to representatives of the Department 
of Transportation and the Department of Public Safety, the working group must include, 
but is not limited to, the Department of Labor, the Public Utilities Commission, the 
Maine Turnpike Authority, the Maine Better Transportation Association, the Maine 
Municipal 
Association, 
Associated 
General 
Contractors of Maine 
and 
other 
representatives of the construction industry in the State to examine safety issues relating 
to unattended trenches and excavations on both public and private property. The working 
group, in its deliberations, shall study the trench safety law recently enacted in 
Massachusetts, which is specifically designed to prevent a member of the public from 
falling into an unattended trench and suffering an injury or fatality. The working group 
shall develop recommendations for improving the safety of unattended trenches and 
excavations for the general public; and be it further 
Sec. 2. Report. Resolved: That the working group shall submit a report to the 
Joint Standing Committee on Transportation no later than the first business day in 
February 20 10. 
The report must include an analysis of federal and state trench and 
excavation safety laws, regulations and rules with recommended legislation to strengthen 
laws relating to trench and excavation safety. 
After reviewing the report, the Joint 
Standing Committee on Transportation may repoli out a bill to the Second Regular 
Session of the 124th Legislature concerning the subject matter of this resolve.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·A,. to H.P. 756, L.D. 1094 
SUMMARY 
The amendment, which replaces the bill, directs the Department of Transportation, in 
conjunction with the Department of Public Safety, to establish a working group to 
examine issues relating to unattended trenches and excavations on both public and private 
property. 
The working group is required to submit a report to the Joint Standing 
Committee on Transportation no later than the first business day in February 20 I O. The 
Joint Standing Committee on Transportation may report out a bill to the Second Regular 
Session of the 124th Legislature concerning the subject matter ofth is resolve. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/09/09 frac 
LD 1094 
LR 1580(02) 
An Act To Enhance Safety at Construction Sites by Regulating Open Trenches 
Fiscal Note for Bill as Amended by Committee Amendment 11 " 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
Fiscal Detail and Notes 
Additional costs to the Departments of Transportation, Public Safety and Labor, as well as the Public Utilities 
Commission, can be absorbed within existing pudgeted resources. 
LR1580(02) - Fiscal Note - Page I of I