(a) In addition to any standard, practice, or procedure relating to safeguards to be used in and around construction sites promulgated by this code, during work hours it shall be a violation of this section for any owner, operator, or manager of a construction project on a construction site whether on public or private property, to cause, permit, or authorize the site to be secured by a locked chain, gate, fence, or other barrier designed to obstruct access in or out of the construction site by vehicle or person on foot. At all times while construction is taking place on worksite, an access point shall remain open so that employees working on the site have the ability to freely enter and exit. (b) Violations of this section shall, for a first offense, be punishable by a written warning to the operators of the construction site with an order to open or unlock whatever barrier is in place; subsequent violations of this section shall result in an immediate stoppage of work on the site until a hearing is scheduled with the director of the department of labor and training and a one thousand dollar ($1,000) fine for each day the construction site was found to have been locked without an open access point for workers to freely enter and exit.
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