I 111th CONGRESS 1st Session H. R. 3094 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.

Short title

This Act may be cited as the Alexander L. Booker Child Protection Construction Site Safety Act.

2.

Revision of regulations required

Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall revise regulations promulgated under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) and contained in section 1926 of title 29, Code of Federal Regulations as follows: (1)Revise section 1926.200— (A)in subsection (a), to require that signs and symbols be on prominent display when a hazard exists, even during hours when work is not being performed; (B) in subsection (b)(1), to require danger signs to display clear warnings to children, as well as adults, of the danger present in a construction site, including signs indicating the danger of equipment present on such site, and shall warn such individuals to not enter the site or touch or tamper with such equipment; and (C)in subsection (b)(2), to require danger signs to be large in size and contain graphic figures, such as a person falling with a no trespass sign overlaying the figure, to indicate the present danger of falling or other bodily harm present on the construction site. (2)Revise section 1926.600(a)— (A)in paragraph (1), to require that all equipment left unattended at night, adjacent to a highway in normal use, construction areas where work is in progress, or schools or other areas where children are known to congregate (such as bike trails and parks), have adequate and sufficient barricades— (i)preventing access to the equipment by any person; (ii)equipped with appropriate lights, reflectors, and signage warning trespassers to keep out and indicating that construction equipment is enclosed; and (iii)surrounding areas of imminent danger such as areas near transformers or sink holes; and (B)in paragraph (3)(ii), to require that, when not in use, all equipment must set the parking brakes and have devices attached, which— (i)cannot be triggered by the insertion of coins or other objects; and (ii)set off an audible alarm when tampered with or broken. (3)Revise section 1926.601(b)— (A)in paragraph (1), to require that all motorized vehicles be equipped with safety lock systems which— (i)shall render the vehicle inoperable when the vehicle is not in use; (ii)cannot be triggered by the insertion of coins or other objects; (iii)which trigger an audible alarm when broken or tampered with; and (iv)are inspected regularly for functionality; and (B)in paragraph (11), to require that operating levers controlling hoisting or dumping devices on haulage bodies or start or stop devices on motorized construction equipment, including all-terrain vehicles, shall be equipped with safety latches or other devices which— (i)will prevent accidental starting or tripping of the operating levers controlling hoisting or dumping devices on haulage bodies or start or stop devices on motorized construction equipment; (ii)ensure that, once the safety latches or other devices are engaged and the motorized equipment is turned off, the motorized equipment cannot be started; (iii)cannot be triggered by the insertion of coins or other objects; and (iv)will trigger an audible alarm when such safety latches or other devices are tampered with, removed, or destroyed.