Missouri Revised Statutes

Mo. Rev. Stat. § 292.050 (2026)

Openings to be guarded

✓ current as of May 2026

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292.050. Openings to be guarded. — The openings of all hatchways, elevators and wellholes upon every floor of every manufacturing, mechanical or mercantile or public building in this state shall be protected by good and sufficient trapdoors or self-closing hatches or safety catches, or strong guard rails at least three feet high, and all due diligence shall be used to keep such trapdoors closed at all times, except when in actual use by the occupant of the building having the use and control of the same. Whenever the director of the inspection section, or one of his assistants or deputies, finds any violations of the foregoing requirement to guard hatchways, elevators and wellholes, he shall at once, in writing, notify the owner or owners thereof, or the person or persons in charge of said appliance or appliances, to make the necessary alterations, additions or repairs within ten days; and if said alterations, additions or repairs are not made within ten days from the date of such notice, the director or his assistant or deputy, shall seal such appliance or appliances in such a manner as to render the same inoperative until there has been compliance with the order of the director.

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(RSMo 1939 § 10185)

Prior revisions: 1929 § 13225; 1919 § 6789; 1909 § 7830

(1978) This statute is only for protection of employees in building where elevator is located and does not preempt the field of elevator safety for municipalities to make regulations for the health and safety of the general public. Temple Building v. Building Code Board of Appeals of the City of Kansas City (A.), 567 S.W.2d 406.

Notes of Decisions

Cited in 4 cases, 1978–2003 · leading case: Akers v. Warson Garden Apts., 961 S.W.2d 50 (Mo. 1998).

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Akers v. Warson Garden Apts., 961 S.W.2d 50 (Mo. 1998). · cites it 2× “020 requires machinery to be properly guarded or notice posted “in all manufacturing, mechanical and other establishments in this state_” Section 292.050 refers to “every manufacturing, mechanical or mercantile or public buildings in this *54 state.”

Gudde v. Heiman Grain, Inc., 830 S.W.2d 574 (Mo. Ct. App. 1992). · cites it 3× “The Commission found that the purpose of § 292.050 is to protect persons against falling into open areas from the “flooring,” not through the “flooring.”

Pavia v. Smitty's Supermarket, 118 S.W.3d 228 (Mo. Ct. App. 2003). “banc 1998) (quoting § 292.050). The term “machine” in conjunction with section 292.”

Temple Bldg. v. Bldg. Code Bd. of Appeals, 567 S.W.2d 406 (Mo. Ct. App. 1978). · cites it 3× “Temple contends the order to equip its elevators was not supported by competent evidence, the ordinance is vague and unenforceable, the ordinance cannot be applied to existing buildings and elevators and § 292.050, RSMo 1969, has preempted elevator safety within state law to the…”

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