4 g with timing

At least 4 contact hours
• All participants will receive a certificate of attendance.
• This certificate will be needed for renewal of your class 2 hoisting
license.
• next slide

MGL c146
• Section 53. (a) No person shall operate derricks, cableways,
machinery used for discharging cargoes, temporary elevator cars used
on excavation work or used for hoisting building material, when the
motive power to operate such machinery is mechanical and other
than steam, unless such person holds a license or temporary permit
as provided in this section. The owner or user of such hoisting
machinery shall not operate, or cause to be operated, such
machinery, unless the person operating it is duly licensed or
possesses a temporary permit. Any operator of such hoisting
machinery when it is being used exclusively for agricultural purposes
shall be exempt from this section.
• next slide

MGL 146
• For licensing and temporary permitting purposes, the commissioner
shall classify hoisting machinery by categories, depending on size,
weight, common usage, capacity, power source or such other
characteristics as the commissioner may find appropriate; provided,
however, that at least 1 category shall include cranes and other
similar equipment and 1 category shall include excavating equipment.

MGL 146
• The commissioner shall adopt rules and regulations under chapter 30A,
embodying the classifications of hoisting machinery and establishing
criteria and procedures for the issuance, denial, renewal, suspension and
revocation of licenses or temporary permits to operate hoisting machinery;
provided, however, that a final adjudication that there has been a violation
of federal or state occupational safety and health regulations or any other
rule adopted by the department, shall be cause for the denial, suspension
or revocation of any license or temporary permit issued under this section.
Criteria for issuance of such license shall include, but not be limited to,
training and experience requirements appropriate to the categories of
machinery for which the license is intended. Criteria for issuance of such
temporary permit shall include, but not be limited to, training and
experience requirements appropriate to the compact equipment for which
the permit is intended.

MGL 146
• Notwithstanding any other provisions of this chapter, actions taken or
decisions reached by the department or a representative of the
department regarding the issuance, denial, renewal, revocation or
suspension of a license or temporary permit to operate hoisting
machinery, or appeals resulting from such an issuance, denial,
renewal, revocation or suspension, shall be taken or made on the
basis of the rules and regulations adopted under this section.

MGL 146
• In cases where a district engineering inspector finds that the
immediate suspension or revocation of a license to operate hoisting
machinery is necessary for the preservation of the public health or
safety, the inspector may order such suspension or revocation
pending the outcome of a hearing, under the procedures set forth in
the regulations promulgated and adopted under this section.

MGL 146
• In cases where a district engineering inspector or party issuing a
temporary permit finds that the immediate suspension or revocation
of a temporary permit to operate hoisting machinery is necessary for
the preservation of the public health or safety, the inspector may
order such suspension or revocation under the procedures set forth
in the regulations promulgated and adopted under this section.

MGL 146
• The following entities shall be exempt from this section: (1) a utility
company which has self propelled truck mounted cranes, derricks and
similar hoisting equipment which is used for the maintenance and
construction of the equipment of such company; (2) a company which
operates hoisting equipment specifically limited to industrial lift
trucks, fork lifts, overhead cranes and other hoisting equipment,
specifically authorized by the department and used exclusively on
company property; and (3) any company which has equipment such
as cranes, derricks and similar hoisting equipment used only on utility
company property.

MGL 146
• Such exemption shall only apply if a company has: (1) at least 1
supervisory employee on site at all times of operation who holds a
license issued by the department under this section and is designated
as the responsible person in charge of hoisting equipment during that
period of operation; (2) an inservice training program for employees
approved by the department which may be audited by the
department; and (3) company licenses issued to each trained and
certified employee which shall contain a picture of the licensee, a list
of the specific hoisting equipment the licensee has been qualified to
operate and the signature of the supervisor who holds a department
license.

MGL 146
• Any other company which has equipment such as cranes, derricks and
similar hoisting equipment used only upon utility company property
shall also be exempt from this section; provided, however, that the
company has complied with all of the requirements of the preceding
paragraph.

MGL 146, ss53A
• Section 53A. The commissioner shall issue rules and regulations, pursuant
to chapter 30A, embodying the classifications of hoisting machinery and
establishing criteria and procedures for the issuance, denial, renewal,
suspension and revocation of licenses of apprentice operators of such
machinery. However, a final adjudication that there has been a violation of
federal or state occupational safety and health regulations, or any rule or
regulation adopted by the department, shall be cause for the denial,
revocation or suspension of any license issued under this section. Criteria
for issuance of such licenses shall include, but not be limited to, training
and experience requirements appropriate to the categories of machinery
for which the license is intended, and registration with the apprenticeship
council within the department of labor standards. A holder of such
apprentice license may operate hoisting machinery only under the
guidance and supervision of a holder of a license to operate for the
category of hoisting machinery to be operated by the apprentice.

MGL 146 ss54A
• Section 54. A license or temporary permit to operate hoisting
machinery shall be carried on the person of the operator or
apprentice operator while operating such hoisting machinery. In the
case of a temporary permit to operate compact hoisting equipment
the operator must also carry a valid driver’s license.

MGL 146 ss54A
• Section 54A. Whoever violates any provision of section 53, 53A or 54,
or any rule or regulation made thereunder, shall be punished by a fine
of not less than five hundred dollars and not more than three
thousand dollars, or by imprisonment for not more than three
months, or both such fine and imprisonment. Whoever prevents or
attempts to prevent any inspector from entering on any premises in
the discharge of his duty with respect to sections fifty-three and fifty-
four, shall be punished by a fine of not less than two hundred and
fifty dollars and not more than three thousand dollars, or by
imprisonment for not more than three months, or both such fine and
imprisonment.

MGL 146 ss54A
• Any person who permits an unlicensed person to operate hoisting
machinery shall be subject to a fine of not less than one thousand
dollars and not more than three thousand dollars, or by
imprisonment for not more than three months, or both such fine and
imprisonment.

520 C.M.R. 6.01 General provisions, scope,
definitions, standards adopted
520 C.M.R. 6.02General Administrative Provisions,
including requirements for
licensure, Apprentice Licenses,
and renewals.
520 C.M.R. 6.03 Issuance of Temporary Permits to
Operate Rented Compact Hoisting
Machinery.
520 C.M.R. 6.04 Continuing education and training
facilities;
520 C.M.R. 6.05 Apprentice Licenses
520 C.M.R. 6.06 Exempt Entities; Exemptions for
Licensing Requirements, Pursuant
to M.G.L.c. 146, Section 53

520 C.M.R. 6.07 In-Service Training for Exempt
Entities
520 C.M.R. 6.08 Operating
Procedures
520 C.M.R. 6.09 Special requirements for cranes,
derricks, pile drivers, excavating
machines, Fork Lifts, and hoists
520 C.M.R. 6.10 Special Requirements for All
Operation of Hoisting Machinery;
Accident Reporting
520 C.M.R. 6.11 License Suspension, Revocation,
Appeals
520 C.M.R. 6.12 Variance Procedure

6.01: General provisions, scope, definitions, standards
adopted
(1) Scope. 520 CMR 6.00 is promulgated by the
Department of Public Safety pursuant to authority
granted by M.G.L. c. 146, §53. The purpose of 520
CMR 6.00 is to establish reasonable requirements to
protect the public safety of the citizens of the
Commonwealth from the hazards inherent in the
operation of Hoisting Machinery by establishing the
minimum standards necessary to obtain a Hoisting
Machinery operator's License or Temporary Permit
and the minimum safety standards to be followed
during the operation of Hoisting Machinery. 520
CMR 6.00 shall apply to:

(a) Hoisting Machinery as defined in 520 CMR 6.01
that is used on private or public property for the
erection, construction, alteration, demolition, repair or
maintenance of buildings, structures, bridges,
highways, roadways, dams, tunnels, sewers,
underground buildings or structures, underground
pipelines or ducts and all other construction projects
or facilities or other uses on private or public grounds
including the warehousing and movement of
materials, except when being used for agriculture.
(b) Hoisting Machinery that has the minimum capability of
hoisting the load higher than ten feet or that has the
capability of lifting loads greater than 500 pounds or
if the capacity of the bucket exceeds 1/4 cubic yard
capacity.

(c) Hoisting Machinery including derricks, cableways,
machinery used for discharging Cargoes, temporary elevator
cars used on excavation work or machinery used for hoisting
building material where the motive power to operate such
machinery is mechanical and other than steam, including but not
limited to excavators, backhoes, front end loaders, uni-loaders,
skid loader, skid steer loaders, compact loaders or similar
devices, lattice cranes, derricks, cranes with or without wire
rope, all Fork Lifts that have the ability of exceeding any of the
criteria listed in 520 CMR 6.01 (1)(b), overhead bridge cranes,
electric or air driven hoists, pendant controlled hoists with a
rating of 2 ton capacity or greater, specialty equipment as
categorized by License grade in this regulation

Definitions
• The following words and terms, when used in 520 CMR 6.00 shall
have the following meanings unless the context clearly indicates
otherwise or the term is redefined for a specific section or purpose:
• Apprentice License. A certification issued by the Department upon
proof of registration at a Training Facility and with the Division of
Apprentice Training within the Department of Labor Standards, which
enables the holder to operate Hoisting Machinery under the direct
guidance and supervision of a duly licensed person licensed to
operate the category of Hoisting Machinery for which certification is
issued.

Apprentice Licensee. A person,
who holds a valid driver's license, is
registered with the Department of
Labor Standards, and has obtained
an Apprentice License to operate
Hoisting Machinery while under the
direct guidance and supervision of a
duly licensed person.

Cargo. A load, quantity, or volume that can be
processed or transported.
CCO. Certificate of Crane Operation issued by a National
Commission for the Certification of Crane Operators-
accredited practical examiner following the satisfactory
completion of a practical exam.
Certificate of Completion. A uniform certificate issued by
a Training Facility to a Licensee upon the satisfactory
completion of a continuing education curriculum.
Chief. The Chief of Inspections – Mechanical of the
Department of Public Safety.
Commissioner. The Commissioner of the Department of
Public Safety.

Compact Hoisting Machinery. Hoisting Machinery
with a manufacturer’s listed operating weight not
exceeding 10,000 pounds.
Company License. A License issued by a company
that has a Department-approved In-Service Training
program and which is only valid for hoisting on
company property, and excluding excavating
equipment.
Company Property: Property which is owned or
under the care and control of a tenant company under a
lease or rental agreement.
Competent Person. One who is capable of identifying
existing and predictable hazards in the surroundings or
working conditions which are unsanitary, hazardous, or
dangerous to employees, and who has authorization to take
prompt corrective measures to eliminate such conditions.

Department. The Department of Public Safety.
DAT. The Division of Apprentice Training.
DOT. The United States Department of Transportation.
Emergency Procedure. Actions required to be taken during
urgent situations to prevent damage to life or property or to
ensure public safety.
Exempt Companies. Companies that are exempt by statute
from licensing and permitting requirements provided they
meet the provisions of 520 CMR 6.06, including:
Public Utility Companies: Public utility companies
which have self- propelled truck mounted cranes, derricks and
similar Hoisting Machinery which is used for the maintenance
and construction of the utility company’s own equipment.

(1) Companies Operating Solely on Company Property: A company, including rental
companies, which
operates Hoisting Machinery specifically limited to industrial lift trucks, Fork Lifts,
overhead cranes and other Hoisting Machinery specifically authorized by the
Department and used exclusively on company property.
Companies Operating Solely on Public Utility Property: Any company which has equipment
such as cranes, derricks and similar Hoisting Machinery used solely on utility company
property
Fork Lift. A power-driven truck characterized by a prong or prongs projecting from the
vehicle’s front that enable the vehicle to lift, travel and stack Cargo, not including palate
jacks.. May also be referred to as a Fork Lift truck, fork truck, or power industrial truck

Hoisting Machinery. Derricks, cableways,
machinery used for discharging Cargoes, temporary
elevator cars used on excavation work or used for
hoisting building material, when the motive power to
operate such machinery is mechanical and other than
steam including but not limited to excavators,
backhoes, front end loaders, uni-loaders, skid loader,
skid steer loaders, compact loaders or similar
devices, lattice cranes, derricks, cranes with or
without wire rope, all Fork Lifts that have the ability
of exceeding any of the criteria listed in 520 CMR
6.01 (1)(b), overhead bridge cranes, electric or air
driven hoists, pendant controlled hoists with a rating
of 2 ton capacity or greater, specialty equipment as
categorized by License grade in this regulation.
Injury. Sustained bodily harm resulting in treatment
such as trauma, cuts, bruises, burns, and sprains.

Injury and Incident Documentation. A form furnished by the Department of Public
Safety detailing all specific information regarding any Serious Injury or Mechanical
Failure that may have occurred.
In-Service Training. A company program that has been approved by the Department
that is required for issuance of a company License by those entities that have been
exempted from hoisting licensing requirements, pursuant to M.G.L.c. 146, Section 53.
Inspector. District Engineering Inspector employed by the Department of Public
Safety.
Instructor. An individual duly licensed by the Department as a Hoisting Machinery
operator who educates and trains Licensees and Apprentice Licensees in the operation
of Hoisting Machinery
License. A certificate issued by the Department to an individual evidencing permission
to operate Hoisting Machinery.
Licensee. A person who is at least 18 years old, holds a valid driver's license and has
completed the necessary requisites for licensure to operate Hoisting Machinery.

Mechanical Failure. Major damage to Hoisting Machinery.
Modification. Alterations, extensions or repairs made to Hoisting Machinery which
alter the machinery’s original structure.
Operator’s Manual. The document created by the manufacturer of the machinery that
contains the required procedures and forms for the safe operation of Hoisting
Machinery at the stated site pertaining to that specific equipment.
Placard. Certificate posted on Hoisting Machinery which acts as a notice of the unsafe
condition of the machinery.
S.A.E. The Society of Automotive Engineers.
Serious Injury. A personal injury/illness that results in death, dismemberment,
significant disfigurement, permanent loss of the use of a body organ, member, function,
or system, a compound fracture, or other significant injury/illness that requires
immediate admission and overnight hospitalization and observation by a licensed
physician.

Signal Person. A trained individual specially appointed by the operator to direct the
operator of Hoisting Machinery and warn of possible or existing hazards through the
use of hand signals or flashing lights. (See Appendix A)
Short-Term Rental Entity. A person or organization approved by the Department,
who is in the business of renting Compact Hoisting Machinery for which a Temporary
Permit is required.
Short-Term Rental Entity Facilitator. An employee of the Short-Term Rental Entity
who holds a Massachusetts Hoisting License issued by the Department and is
responsible for conducting examinations and issuing Temporary Permits.
Temporary Permit. A non-renewable permit to operate Hoisting Machinery issued by
a Department- approved Short-Term Rental Entity for no more than 14 consecutive
days.
Temporary Permit Holder. A person who is at least 18 years of age, holds a valid
driver's license, and has obtained a Temporary Permit to operate Hoisting Machinery.
Training Facility. A site including buildings and machinery located thereon, that has
been approved by the Department to train Apprentice Licensees in the safe operation
of Hoisting Machinery and may also provide courses in continuing education for
individuals licensed to operate Hoisting Machinery.

Training Period. Time during which an Apprentice Licensee participates in a training
program on-site at a Training Facility.
Standards Adopted. The standard for operation of Hoisting Machinery shall be in
accordance with the following:
ASME 2005 Overhead Cranes
ASME 2009 Construction Tower Cranes
ASME 2007 Mobile and Locomotive Cranes
ASME 2006 Slings
ASME 2005 Hooks
ASME 2006 Below the Hook Lifting Devices
ASME 2005 Articulating Boom Cranes
ASME Rigging Hardware
The Occupational Safety and Health Administration (OSHA) Regulations 29 CFR 1926
and 29 CFR 1910.

• Definitions
• Emergency. An unforeseen condition in which the safety of the public is in imminent danger
because of a threat to life or health or where immediate correction is required to maintain or
restore essential public utility service.
• Excavator. Any entity including, but not limited to, a person, partnership, joint venture, trust,
corporation, association, public utility, company or state or local government body or public
agency which performs excavation operations including the excavation of trenches.
• General Public. All natural persons not engaged in construction activities at a trench site.
• Permit Holder. The excavator who is responsible for acquiring a permit from the Permitting
Authority.
• Permitting Authority. A city, town, or public agency required to administer the provisions of 520
CMR 14.03.
• Public Agency. A department, agency, board, commission, authority, or other instrumentality of
the commonwealth.

• Serious Injury. A personal injury that results in death, dismemberment,
significant disfigurement, permanent loss of the use of a body organ,
member, function, or system, a compound fracture, or other significant
injury that requires immediate admission and overnight hospitalization and
observation by a licensed physician.
• Trench. An excavation which is narrow in relation to its length, made below
the surface ground in excess of three feet below grade and the depth of
which is, in general, greater than the width, but the width of the trench, as
measured at the bottom, is no greater than 15 feet.
• Unattended Trench. A trench where neither the, excavator, or any of the
people who are engaged in construction activities at the trench, are
present.

• (1) No person shall, except in an emergency, make a trench excavation, in any public way, public property, or
privately owned land until a permit is obtained from the appropriately designated permitting authority.
• (2) Issuance of Permit.
• (a) No person shall, except in an emergency, contract for the making of or make a trench, in any public way,
public property, or privately owned land until a permit is obtained from the appropriately designated person
within the city, town, or public agency that is authorized to issue the permit. The Permitting Authority may
issue a single project permit for multiple trenches in a project.
• (b) Each city, town or regionalized entity shall designate one board or officer to issue permits for the
excavation of trenches on privately owned land or land owned by a city or town. Cities or towns that
regionalize or share permitting and inspection functions with other cities or towns may utilize these
regionalized entities for the permitting of trenches.
• (c) Any individual or entity creating a trench on property that is owned or controlled by a public agency or
that a public agency otherwise has a property interest in, including but not limited to an easement, shall
obtain a permit from that public agency unless the permitting authority is otherwise designated through a
written agreement. The public agency issuing the permit shall electronically notify the Department of Public
Safety of the permit's issuance and shall provide the following information:

• The location of the excavation indicated on the permit;
• The anticipated date to begin the trench operation;
• The anticipated date to conclude the trench operation;
• The name of the permit holder; and
• (d) When issuing a permit under 520 CMR 14.03(2), the permitting
authority shall attach a summary of OSHA Regulation 1926 Subpart P-
Excavations and a summary of any regulation promulgated by the
Department of Public Safety in conjunction with the Division of
Occupational Safety in accordance with M.G.L. c. 82A.

• Permit Requirements. In order to obtain a permit, the following
information must be submitted to the permitting authority:
• (a) Completed application;
• (b) Certificate of insurance;
• (c) Required fee in accordance with 520 CMR 14.03(6) where
applicable.

• Contents of Permit Applications. All permit applications must contain the following information:
• (a) Digsafe number;
• (b) Name and contact information of the excavator;
• (c) Emergency (after hours) contact information;
• (d) Permit expiration date (if applicable);
• (e) Specific location of the trench(es);
• (f) Name and contact information of insurer;
• (g) All permit applications shall also include the following statements pursuant to
• M.G.L. c. 82A, § 3(3) and (5)(i) and (ii):
• 1. "Persons engaging in any trenching operation shall familiarize themselves with the federal
safety standards promulgated by the Occupational Safety and Health Administration on
excavations: 29 CFR 1926.650 et seq., entitled Subpart P Excavations."
• "By applying for, accepting and signing this permit, the applicant attests to the following:

• a. that he has read and understood the regulations promulgated by
the Department of Public Safety with regard to trench safety;
• b. that he has read and understood the federal safety standards
promulgated by the Occupational Safety and Health Administration
on excavations: 29 CFR 1926.650 et seq., entitled Subpart P
"Excavations".

• (5) Posting. All Permits issued pursuant to 520 CMR 14.00 shall be posted in plain view on
the site of the trench. All permits shall be made available to the permitting authority, any
investigator from the Division of Occupational Safety, any inspector of the Department of
Public Safety, or any other lawfully authorized authority.
• (6) Permit Fees. In accordance with M.G.L. c. 82A, § 2, the local permitting authority may
charge a reasonable fee to cover the administrative costs incurred by the authority in
connection with the review and processing of permits except that a gas company, as
defined in
• M.G.L. c. 164, § 1, or any corporation that is subject to the provisions of M.G.L. chs. 165,
166 or 166A which has already paid a fee in order to attain a permit to excavate a public
way of a city or town shall not be responsible for paying an additional fee for the same
excavation.
• (7) Excavators engaging in any trenching operation who utilize hoisting or other
mechanical equipment subject to M.G.L. c. 146 shall only employ individuals licensed to
operate said equipment by the department of public safety pursuant to M.G.L. c. 146 and
the permit shall be presented to the licensed operator before excavation is commenced.

• Protections for the General Public
• (1) Generally. Wherever an unattended trench exists, the operation shall be
secured in a safe manner and suitable protection for the general public shall be
provided. The Excavator shall secure the unattended trench to prevent
unauthorized entry when work is not in progress.
• (2) Trenches on Public Ways. Access to unattended trenches opened during
construction on a public way shall be restricted by covers or barriers.
• (a) Where covers are used they shall be comprised of steel metal plates no less
than ¾ inch thick, or equivalent. Covers shall be placed over the trench. Such
covers shall be level and physically secure to prevent the creation of a hazard by
inadvertent movement.
• (b) Where barriers are used they shall comply with the following provisions:
• A continuous barrier not less than six feet in height shall surround the
unattended trench.

• All barriers shall be of adequate strength and shall be supported in a manner that
will allow them to be seen by the motorist and provide a stable support not easily
blown over by the wind or traffic.
• Trench barriers adjacent to high speed traffic may include traffic control barrels
ballasted by sandbags or temporary pre-cast concrete barriers as components.
• Trench barriers comprised of multiple sections shall allow not more than four
inches between each section. Adjacent sections must be securely fastened to
each other.
• Any openings between the ground and barrier shall not exceed four inches.
Openings greater than four inches may be protected by solid guards of suitable
materials, including plywood or wood planks.
• Barriers shall be at a sufficient distance from the trench to be unaffected by
changing conditions of the trench site.

• (3) Trenches at Fixed Work Sites Other than on a Public Way. Access to unattended
trenches opened during construction at a fixed work site on public or private property
shall be restricted by covers or portable barriers.
• (a) Where covers are used they shall be comprised of steel metal plates no less than ¾
inch thick or equivalent. Covers shall be placed over trenches. Such covers shall be level
and physically secure to prevent the creation of a hazard by inadvertent movement.
• (b) Where portable protective barriers are used, barriers of a height not less than six feet
shall be constructed surrounding the entire perimeter of the trench.
• Barriers comprised of multiple sections may allow not more than four inches between
each section. Adjacent sections must be securely fastened to each other.
• Openings between the ground and fence shall not exceed four inches. Openings greater
than four inches may be protected by solid guards or suitable materials, including
plywood or wood planks.

• 3. Fence-type barriers shall be adequately secured by vertical support members. Fencing
spaces shall not exceed four inches when measured as mesh size or between slats.
• 4. Solid barriers shall not contain holes or indentations larger than four inches.
• 5. All horizontal support members shall be located on the trench side of the barrier.
• 6. The wall of a dwelling or other permanent structure of a height of not less than six
feet may serve as part of the barrier, provided it complies with all of the provisions of
520 CMR 14.04.
• 7. Gates and other means of egress must:
• a. Comply with the size and strength provisions of 520 CMR 14.04(3)(b);
• b. Be securely fastened to adjacent barrier components;
• c. Allow not more than four inches between gates and barrier components; and
• d. Be securely locked with a padlock, combination lock, or other suitable locking device.

• Barriers must be clearly marked on all sides with signs indicating "Danger - Do
Not Enter", "Authorized Personnel Only" or equivalent warning.
• Barriers shall be placed at a sufficient distance from the trench to be unaffected
by changing conditions of the trench site.
• (4) The provisions of 520 CMR 14.04 may be substituted by continuous personal
monitoring of the unattended trench by the permit holder or by person(s) under
the control and direction of the permit holder.
• (5) The provisions of 520 CMR 14.04 may be substituted by backfilling the work
site while unattended.
• (6) The permitting authority may require any additional, site-specific provisions it
deems necessary to protect the general public as a condition to any permit
issued.

• Suspension and Revocation of Permits; Assessment of Fines;
Immediate Shut-down; Appeals
• (1) Scope. 520 CMR 14.05 establishes the suspension and revocation
procedures for all permits, establishes the penalty structure for the
assessment of administrative penalties and sets forth the procedure
for immediate shut down of the site.

• (2) Revocation and Suspension of Permit by Permitting Authority. The
permitting authority may, after a hearing, suspend or revoke a permit
issued pursuant 520 CMR 14.03. All hearings under 520 CMR 14.05 shall be
held in accordance with M.G.L. c. 30A and 801 CMR 1.02. Each permitting
authority shall have the discretion to establish the grounds consistent with
520 CMR
• 14.00 for a suspension or revocation however such suspension or
revocation shall not be imposed in a manner which directly, substantially or
specifically regulates the occupational safety or health of any employee
engaged in employment covered by the Federal Occupational Safety and
Health Act.

• (3) Assessment of Fines by the Department of Public Safety.
• (a) Notwithstanding any action taken by a permitting authority pursuant to 520 CMR
14.05(2), the Department of Public Safety may assess administrative fines against the
excavator in accordance with M.G.L. c. 82A § 1.
• (b) Penalty Structure. Whenever the Department of Public Safety finds upon inspection,
investigation or other information in its possession, that a violation of any provision of
520 CMR 14.00 has occurred, the Department may assess an administrative penalty not
to exceed $5,000.00 for each violation. Each day during which a violation exists shall
constitute a separate offense.
• (c) Factors in Determining Amount of Penalty. In determining the amount of the
administrative penalty, the Department of Public Safety may consider one or more of the
following:
• The willfulness of the violation;
• Previous violations resulting in the imposition of administrative penalties as set forth in
the rules of the Department of Public Safety;

• Whether the violation resulted in an accident involving bodily injury or death to a
member of the general public;
• The actual or potential danger to the public;
• Whether the excavator did everything reasonable to attempt to comply with 520
CMR 14.00;
• Actions, if any, taken by the permitting authority;
• Whether imposition of the administrative penalty is likely to deter future
noncompliance; and
• The interests of public safety.
• (d) Notice. The Department of Public Safety shall send written notice of alleged
violation(s) and intent to impose administrative penalties to the violator. The
Notice shall specify:

• The specific condition(s) which constitute the violation;
• The provision(s) of 520 CMR 14.00 with which there has been non-
compliance;
• The amount that is to be assessed as a penalty for each alleged
violation;
• The procedure for requesting a hearing as set forth in 520 CMR
14.05(7).
• (e) Hearings. Written requests for a hearing must be filed with the
Department of Public Safety within ten calendar days of receipt of the
notice of violation issued pursuant to 520 CMR 14.05(7).

• (4) The failure to make a timely request for a hearing shall constitute
a waiver of the right to a hearing and imposition of the penalty set
forth in the Notice. A hearing shall be commenced by the Department
of Public Safety within a reasonable period after the request for a
hearing has been received by the Department of Public Safety. Any
person aggrieved by a determination of the Department of Public
Safety may appeal to the Superior Court in accordance with
• M.G.L. c. 30A, §14.

• (5) Immediate Shutdown by State or Local Authorities.
• (a) Whenever the permitting authority, or an inspector from either
the Department of Public Safety or the Division of Occupational
Safety deems a condition at a trench site to be a threat to public
safety he may order that the area around the trench be made safe for
the general public and may further order the immediate shutdown of
the site until such time as the condition has been corrected to the
satisfaction of the authority responsible for the immediate shutdown.
• (b) Conditions which warrant immediate shutdown of a trench site by
the local permitting authority, an inspector from the Department of
Public Safety or the Division of Occupational Safety may include:

• A fatality or serious injury to a member of the general public;
• Failure to use protections for the General Public in accordance with
520 CMR 14.00 or an ineffective use of any protection for the General
Public allowed by 520 CMR 14.04;
• Failure to obtain a permit from the permitting authority;
• Any other condition that constitutes a serious threat to life, limb or
property of the general public as determined by the permitting
authority, an inspector from the Department of Public Safety, or the
Division of Occupational Safety.

• (6) Re-inspection Following Immediate Shutdown. The trench site shall
remain closed until all necessary repairs and corrections have been made
to the satisfaction of the authority responsible for the immediate
shutdown, provided however, that the Department of Public Safety and
Division of Occupational Safety shall have concurrent jurisdiction to
authorize the reopening of a trench shut down by either agency. Reopening
of the site may not occur until the site has been inspected by the authority
ordering the immediate shutdown and found to be safe for reopening and
operation; said inspection shall occur within two business days of written
notification by the Excavator to the Permitting Authority that it has
complied with all repairs and corrections ordered by the Permitting
Authority.

• (7) Appeal from Immediate Shutdown. Any person aggrieved by the
decision by the Department of Public Safety, the Division of
Occupational Safety, or the permitting authority to shut down a
trench site pursuant to 520 CMR 14.05(5) may make an appeal for a
hearing to the entity responsible for the immediate shutdown. The
site shall remain shut down during the appeal period. Such appeal
shall be made in writing within ten calendar days. Upon receipt of the
appeal, a hearing shall be scheduled promptly. All hearings under 520
CMR 14.05(5) shall be held in accordance with M.G.L. c. 30A and 801
CMR 1.02. Any person aggrieved by a decision after hearing may
appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.

• (8) Serious Injury/Fatality; Notification; Investigation.
• (a) Notification. An excavator shall report all serious injuries or fatalities
which occur at the location of a trench to the State Police within one hour
from the time the serious injury occurred.
• (b) Investigation. In the event that a serious injury or fatality occurs, the
trench site shall be immediately secured. The site surrounding the trench
shall not be disturbed, cleaned, or altered in any way except by a public
authority or as necessary for the preservation of life and property or the
removal of the injured person(s) until receiving express authorization from
an inspector of the Department of Public Safety.
• REGULATORY AUTHORITY
• 520 CMR

• This part sets forth the safety and health standards promulgated by
the Secretary of Labor under section 107 of the Contract Work Hours
and Safety Standards Act. The standards are published in Subpart C of
this part and following subparts.
• 1926.1(b)
• Subpart B of this part contains statements of general policy and
interpretations of section 107 of the Contract Work Hours and Safety
Standards Act having general applicability.

• Variances from standards which are, or may be, published in this part may be
granted under the same circumstances whereunder variances may be granted
under section 6(b)(A) or 6(d) of the Williams-Steiger Occupational Safety and
Health Act of 1970 (29 U.S.C. 65). The procedures for the granting of variances
and for related relief under this part are those published in Part 1905 of this title.
• 1926.2(b)
• Any requests for variances under this section shall also be considered requests
for variances under the Williams-Steiger Occupational Safety and Health Act of
1970, and any requests for variances under Williams-Steiger Occupational Safety
and Health Act with respect to construction safety or health standards shall be
considered to be also variances under the Construction Safety Act. Any variance
from a construction safety or health standard which is contained in this part and
which is incorporated by reference in Part 1910 of this title shall be deemed a
variance from the standard under both the Construction Safety Act and the
Williams-Steiger Occupational Safety and Health Act of 1970.

• It shall be a condition of each contract which is subject to section 107 of the Contract Work Hours
and Safety Standards Act that the Secretary of Labor or any authorized representative shall have a
right of entry to any site of contract performance for the following purposes:
• 1926.3(a)(1)
• To inspect or investigate the matter of compliance with the safety and health standards contained
in Subpart C of this part and following subparts; and
• 1926.3(a)(2)
• To carry out the duties of the Secretary under section 107(b) of the Act.
• 1926.3(b)
• For the purpose of carrying out his investigative duties under the Act, the Secretary of Labor may,
by agreement, use with or without reimbursement the services, personnel, and facilities of any
State or Federal agency. Any agreements with States under this section shall be similar to those
provided for under the Walsh-Healey Public Contracts Act under 41 CFR Part 50-205.

• 1926.4(a)
• The rules of practice for administrative adjudications for the enforcement of the safety and health
standards contained in Subpart C of this part and the following subparts shall be the same as
those published in Part 6 of this title with respect to safety and health violations of the Service
Contract Act of 1965 (69 Stat. 1035), except as provided in paragraph (b) of this section.
• 1926.4(b)
• In the case of debarment, the findings required by section 107(d) of the Act shall be made by the
hearing examiner or the Assistant Secretary of Labor for Occupational Safety and Health, as the
case may be. Whenever, as provided in section 107(d)(2), a contractor requests termination of
debarment before the end of the 3-year period prescribed in that section, the request shall be
filed in writing with the Assistant Secretary of Labor for Occupational Safety and Health who shall
publish a notice in the FEDERAL REGISTER that the request has been received and afford
interested persons an opportunity to be heard upon the request, and thereafter the provisions of
Part 6 of this title shall apply with respect to prehearing conferences, hearings and related
matters, and decisions and orders.

• “Company”, natural gas pipeline company, petroleum or petroleum products pipeline company,
public utility company, cable television company, and municipal utility company or department
that supply gas, electricity, telephone, communication or cable television services or private
water companies within the city or town where such excavation is to be made.
• “Description of excavation location”, such description shall include the name of the city or town,
street, way, or route number where appropriate, the name of the streets at the nearest
intersection to the excavation, the number of the buildings closest to the excavation or any other
description, including landmarks, utility pole numbers or other information which will accurately
define the location of the excavation.
• “Emergency”, a condition in which the safety of the public is in imminent danger, such as a threat
to life or health or where immediate correction is required to maintain or restore essential public
utility service
• “Excavation”, an operation for the purpose of movement or removal of earth, rock or the
materials in the ground including, but not limited to, digging, blasting, augering, backfilling, test
boring, drilling, pile driving, grading, plowing in, hammering, pulling in, jacking in, trenching,
tunneling and demolition of structures, excluding excavation by tools manipulated only by human
power for gardening purposes and use of blasting for quarrying purposes

• “Excavator”, any entity including, but not limited to, a person, partnership, joint venture, trust,
corporation, association, public utility, company or state or local government body which
performs excavation operations.
• “Premark”, to delineate the general scope of the excavation or boring on the paved surface of the
ground using white paint, or stakes or other suitable white markings on nonpaved surfaces. No
premarking shall be acceptable if such marks can reasonably interfere with traffic or pedestrian
control or are misleading to the general public. Premarking shall not be required of any
continuous excavation that is over 500 feet in length.
• “Safety zone”, a zone designated on the surface by the use of standard color-coded markings
which contains the width of the facilities plus not more than 18 inches on each side.
• “Standard color-coded markings”, red - electric power lines, cables, conduit or light cables; yellow
- gas, oil, street petroleum, or other gaseous materials; orange - communications cables or
conduit, alarm or signal lines; blue - water, irrigation and slurry lines; green - sewer and drain
lines; white - premark of proposed excavation.
• “System”, the underground plant damage prevention system as defined in section 76D of chapter
164

• Section 40A. No excavator installing a new facility or an addition to an existing facility or the relay or repair of
an existing facility shall, except in an emergency, make an excavation, in any public or private way, any
company right-of-way or easement or any public or privately owned land or way, unless at least 72 hours,
exclusive of Saturdays, Sundays and legal holidays but not more than 30 days before the proposed
excavation is to be made, such excavator has premarked not more than 500 feet of the proposed excavation
and given an initial notice to the system. Such initial notice shall set forth a description of the excavation
location in the manner as herein defined. In addition, such initial notice shall indicate whether any such
excavation will involve blasting and, if so, the date and the location at which such blasting is to occur.
• The notice requirements shall be waived in an emergency as defined herein; provided, however, that before
such excavation begins or during a life-threatening emergency, notification shall be given to the system and
the initial point of boring or excavation shall be premarked. The excavator shall ensure that the underground
facilities of the utilities in the area of such excavation shall not be damaged or jeopardized
• In no event shall any excavation by blasting take place unless notice thereof, either in the initial notice or a
subsequent notice accurately specifying the date and location of such blasting shall have been given and
received at least 72 hours in advance, except in the case of an unanticipated obstruction requiring blasting
when such notice shall be not less than four hours prior to such blasting. If any such notice cannot be given
as aforesaid because of an emergency requiring blasting, it shall be given as soon as may be practicable but
before any explosives are discharged.

• Section 40B. Within 72 hours, exclusive of Saturdays, Sundays and legal holidays, from
the time the initial notice is received by the system or at such time as the company and
the excavator agree, such company shall respond to the initial notice or subsequent
notice by designating the location of the underground facilities within 15 feet in any
direction of the premarking so that the existing facilities are to be found within a safety
zone. Such safety zone shall be so designated by the use of standard color-coded
markings. The providing of such designation by the company shall constitute prima facie
evidence of an exercise of reasonable precaution by the company as required by this
section; provided, however, that in the event that the excavator has given notice as
aforesaid at a location at which because of the length of excavation the company cannot
reasonably designate the entire location of its facilities within such 72 hour period, then
such excavator shall identify for the company that portion of the excavation which is to
be first made and the company shall designate the location of its facilities in such portion
within 72 hours and shall designate the location of its facilities in the remaining portion
of the location within a reasonable time thereafter. When an emergency notification has
been given to the system, the company shall make every attempt to designate its
facilities as promptly as possible.

• Section 40C. After a company has designated the location of its facilities at the
location in accordance with section 40B, the excavator shall be responsible for
maintaining the designation markings at such locations, unless such excavator
requests remarking at the location due to the obliteration, destruction or other
removal of such markings. The company shall then remark such location within
24 hours following receipt of such request.
• When excavating in close proximity to the underground facilities of any company
when such facilities are to be exposed, non-mechanical means shall be employed,
as necessary, to avoid damage in locating such facility and any further excavation
shall be performed employing reasonable precautions to avoid damage to any
underground facilities including, but not limited to, any substantial weakening of
structural or lateral support of such facilities, penetration or destruction of any
pipe, main, wire or conduit or the protective coating thereof, or damage to any
pipe, main, wire or conduit

• If any damage to such pipe, main, wire or conduit or its protective coating occurs, the
company shall be notified immediately by the excavator responsible for causing such
damage.
• The making of an excavation without providing the notice required by section 40A with
respect to any proposed excavation which results in any damage to a pipe, main, wire or
conduit, or its protective coating, shall be prima facie evidence in any legal or
administrative proceeding that such damage was caused by the negligence of such
person.
• Section 40D. Nothing in this section shall affect or impair local ordinances or by-laws
requiring a permit to be obtained before excavation in a public way or on private
property; but notwithstanding any general or special law, ordinance or by-law to the
contrary, to the extent that any permit issued under the provisions of the state building
code or state fire code requires excavation by an excavator on a public way or on private
property, the permit shall not be valid unless the excavator notifies the system as
required pursuant to sections 40 and 40A, before the commencement of the excavation,
and has complied with the permitting requirements of chapter 82A.

• Section 40E. Any person or company found by the department of
telecommunications and energy, after a hearing, to have violated any
provision of sections 40A to 40E, inclusive, shall be fined $1,000 for
the first offense and not less than $5,000 nor more than $10,000 for
any subsequent offense within 12 consecutive months as set forth by
the rules of said department; provided, however, that nothing herein
shall be construed to require forfeiture of any penal sum by a state or
local government body for violation of section 40A or 40C; and
provided, further, that nothing herein shall be construed to require
the forfeiture of any penal sum by a residential property owner for
the failure to premark for an excavation on such person’s residential
property.

• Section 1. An excavator shall not leave an open trench unattended without
first making reasonable effort to eliminate any recognized safety hazard
that may exist as a result of leaving the open trench unattended. The
commissioner of public safety, in conjunction with the director of labor and
workforce development, or his designee, shall promulgate rules and
regulations governing all construction related excavations and trench
safety. The rules and regulations shall include, but not be limited to, a
description of recognized safety hazards that may exist as a result of
leaving open trenches or excavations unattended, a description of the
procedures required or recommended by the department to eliminate
safety hazards which may include covering, barricading or otherwise
protecting open trenches from accidental entry, and a penalty structure for
each violation of the proposed rules and regulations to be imposed by the
department empowered with ensuring compliance with the rules and
regulations.

• This penalty structure shall include the imposition of a fine for each violation of
the regulations promulgated pursuant to this section. Any such fines collected by
the department of public safety or the department of labor and workforce
development shall be available for expenditure, without further appropriation, by
those departments in an amount not to exceed $100,000 during each fiscal year
for the sole purpose of providing construction safety training for licensed
operators of hoisting equipment, police department officials, fire department
officials and building officials. Those departments may also charge a reasonable
fee to help defray the costs associated with said training. Any monies collected
from the imposition of these fines in excess of $100,000 shall be transmitted
monthly by those departments to the state treasurer who shall then deposit the
excess funds into the General Fund. The department of public safety, in
conjunction with the department of labor and workforce development, shall file a
report detailing the amount of fines imposed, collected and expended pursuant
to this section with the house and senate committees on ways and means and
with the joint committee on public safety not later than August 15 of each year

• The rules and regulations shall not be effective until the department
of public safety has received a formal determination from the United
States Secretary of Labor that the proposed rules or regulations do
not seek to assume responsibility for development and enforcement
therein of occupational safety and health standards relating to any
occupational safety or health issue with respect to which a federal
standard has already been promulgated under 29 U.S.C. section 667
or until the rules and regulations are approved by the United States
Secretary of Labor as a state plan for the development of the
standards and their enforcement pursuant to 29 U.S.C. section 667(c).

• Section 2. Each city, town or public agency shall designate 1 board or officer to issue permits for
the excavation of trenches on privately owned land and for the excavation of a public way of a city
or town. The permits, when issued, shall include a summary of sections 40 to 40D, inclusive, of
chapter 82 and a summary of regulations promulgated by the department of public safety relative
to chapter 146. No person shall, except in an emergency, contract for the making of or make a
trench, in any public way, public property, or privately owned land until a permit is obtained from
the appropriately designated person within the city, town, or public agency that is authorized to
issue the permit. The person shall notify the local permitting authority of the exact location of the
trench. A person making application for a trench excavation permit shall produce a certificate of
insurance with general liability coverage of $100,000 per person and $300,000 per claim or
provide evidence of self-insurance in equal amounts. The local permitting authority may charge a
reasonable fee to cover the administrative costs of the trench excavation permitting process
incurred by the municipality in connection with the review and processing of the permits; but, a
gas company, as defined in section 1 of chapter 164, or any corporation that is subject to the
provisions of chapter 165, 166 or 166A which has already paid a fee in order to attain a permit to
excavate a public way of a city or town shall not be responsible for paying an additional fee for the
same excavation.

• Section 3. A permit to excavate a trench issued pursuant to this chapter may be in any form
authorized by the local permitting authority, but shall include the following statements:
• (1) A trench shall not be excavated unless the requirements of sections 40 to 40D, inclusive, of
chapter 82, and any accompanying regulations, have been met and this permit is invalid unless
the requirements have been complied with by the excavator applying for the permit including,
but not limited to, the establishment of a valid excavation number with the underground plant
damage prevention system as provided in section 76D of chapter 164.
• (2) Trenches may pose a significant health and safety hazard. Pursuant to section 1 of chapter 82,
an excavator shall not leave any open trench unattended without first making reasonable efforts
to eliminate any recognized safety hazard that may exist as a result of leaving the open trench
unattended. Excavators should consult regulations promulgated by the department of public
safety in order to familiarize themselves with the recognized safety hazards associated with
excavations and open trenches and the procedures required or recommended by the department
to eliminate safety hazards which may include covering, barricading or otherwise protecting open
trenches from accidental entry.

• (3) Persons engaging in any trenching operation shall familiarize themselves with the federal
safety standards promulgated by the Occupational Safety and Health Administration on
excavations: 29 CFR 1926.650 et. seq., entitled Subpart P “Excavations”.
• (4) Excavators engaging in any trenching operation who utilize hoisting or other mechanical
equipment subject to chapter 146 shall only employ individuals licensed to operate said
equipment by the department of public safety pursuant to said chapter 146 and this permit shall
be presented to the licensed operator before excavation is commenced.
• (5) By applying for, accepting and signing this permit, the applicant hereby attests to the
following: (i) that he has read and understands the regulations promulgated by the department of
public safety with regard to construction related excavations and trench safety, (ii) that he has
read and understands the federal safety standards promulgated by the Occupational Safety and
Health Administration on excavations: 29 CFR 1926.650 et. seq., entitled Subpart P “Excavations”,
and (iii) that he is aware of and has, with regard to the proposed trench excavation on private
property or proposed excavation of a city or town public way that forms the basis of his permit
application, complied with the requirements of sections 40 to 40D, inclusive, of chapter 82 and
with the requirements set forth in this chapter.
• (6) This permit shall be posted in plain view on the site of the trench.

• Section 4. For purposes of this chapter, a “trench” shall be defined as
an excavation which is narrow in relation to its length, made below
the surface ground in excess of 3 feet below grade and the depth of
which is, in general, greater than the width, but the width of the
trench, as measured at the bottom, is no greater than 15 feet and the
words “ excavator”, “excavation” and “emergency” shall have the
same meanings as defined in section 40 of chapter 82.
• Section 5. The requirements of this chapter are in addition to the
requirements set forth in sections 40 to 40D, inclusive, of chapter 82
and not in lieu thereof.

• Section 76D. All natural gas pipeline companies, cable television companies, steam
distribution companies and public utility companies, as defined in section three of
chapter twenty-five, shall create, participate in and be responsible for the administration
of a utility underground plant damage prevention system. Said system shall be operated
during normal business hours each day of the year, exclusive of Saturdays, Sundays and
legal holidays, for the purpose of receiving notices of proposed excavations in public
ways, utility right of ways, and in privately owned land under which any public utility
company, municipal utility department, cable television company, steam distribution
company or natural gas pipeline company maintains underground facilities, including
pipes, mains, wires or conduits, as are required by the provisions of section forty of
chapter eighty-two. Said system shall be responsible, upon receipt of such notices, for
immediately notifying such natural gas pipeline companies, public utility companies,
cable television companies, steam distribution companies, and municipal utility
departments as supply gas, electricity, cable television service or telephone service in or
to such city or town where such excavation is to take place of such proposed excavation.

• The cost of operating the utility underground plant damage
prevention system shall be apportioned equitably among all natural
gas pipeline companies, public utility companies, cable television
companies, steam distribution companies and municipal utility
departments as supply gas, electricity, cable television service or
telephone service within the commonwealth according to a formula
to be fixed by agreement of the companies.
• The department is authorized to investigate the operation of said
system and to adopt procedures necessary and appropriate to hear
and resolve complaints for failure to comply with the provisions of
section forty of chapter eighty-two.

MGL 164 76D
• Section 76D. All natural gas pipeline companies, cable television
companies, steam distribution companies and public utility companies, as
defined in section three of chapter twenty-five, shall create, participate in
and be responsible for the administration of a utility underground plant
damage prevention system. Said system shall be operated during normal
business hours each day of the year, exclusive of Saturdays, Sundays and
legal holidays, for the purpose of receiving notices of proposed excavations
in public ways, utility right of ways, and in privately owned land under
which any public utility company, municipal utility department, cable
television company, steam distribution company or natural gas pipeline
company maintains underground facilities, including pipes, mains, wires or
conduits, as are required by the provisions of section forty of chapter
eighty-two.

• Said system shall be responsible, upon receipt of such notices, for
immediately notifying such natural gas pipeline companies, public utility
companies, cable television companies, steam distribution companies, and
municipal utility departments as supply gas, electricity, cable television
service or telephone service in or to such city or town where such
excavation is to take place of such proposed excavation. The cost of
operating the utility underground plant damage prevention system shall be
apportioned equitably among all natural gas pipeline companies, public
utility companies, cable television companies, steam distribution
companies and municipal utility departments as supply gas, electricity,
cable television service or telephone service within the commonwealth
according to a formula to be fixed by agreement of the companies.

• The department is authorized to investigate the operation of said
system and to adopt procedures necessary and appropriate to hear
and resolve complaints for failure to comply with the provisions of
section forty of chapter eighty-two.

• 220 CMR 99.00 defines terms and delineates the duties of those subject to M.G.L. c. 82, §§ 40 through 40E, also
• known as the "Dig Safe" law. It also establishes the procedures for determining the nature and extent of violations of
• M.G.L. c. 82, §§ 40 through 40E and the procedures for issuance of a notice of probable violation, a remedial order or a
• consent order with respect to such violations. In addition, 220 CMR 99.00 sets forth the standards used to determine the
• amount of civil penalties to be imposed.
• Every gas, electric and telephone company, municipal gas or electric department, natural gas pipeline company,
• petroleum or petroleum products pipeline company, private water company and cable television company shall report
• all suspected violations of M.G.L. c. 82, §§ 40 through 40E, to the Department of Public Utilities (Department) within
• 30 days of learning of the circumstances constituting the suspected violation. Any other person may report a suspected
• violation of M.G.L. c. 82, §§ 40 through 40E,

• Center Line Method shall mean the method for identifying the
location of an underground facility by placing marks on
• the surface above and parallel to the center line of the facility.
• Company shall mean natural gas pipeline company, petroleum or
petroleum products pipeline company, public utility
• company, cable television company, and municipal utility company or
department that supply gas, electricity,
• telephone, communication or cable television services or private
water companies within the city or town where such
• excavation is to be made.

• Description of Excavation Location shall include: the name of the city or town
where the excavation will take place;
• and the name of the street, way, or route number where appropriate; and the
name of the streets at the nearest
• intersection to the excavation; and the number of the buildings closest to the
excavation; and/or any other description
• which will accurately define the excavation location, including landmarks and
utility pole numbers; and the date and
• location of any blasting.
• Emergency shall mean a condition in which the safety of the public is in imminent
danger, such as a threat to life or
• health or where immediate correction is required to maintain, or restore
essential pubic utility service.

• Excavation shall mean an operation for the purpose of movement or removal of earth, rock or the
materials in the
• ground, including but not limited to, digging, blasting, augering, backfilling, test boring, drilling,
pile driving, grading,
• plowing in, hammering, pulling in, jacking in, trenching, tunneling and demolition of structures,
excluding excavation
• by tools manipulated only by human power for gardening purposes and use of blasting for
quarrying purposes.
• Excavator shall mean any entity including, but not limited to, a person, partnership, joint venture,
trust, corporation,
• association, public utility, company or state or local government body which performs excavation
operations.
• Facility shall mean something that is built, constructed, installed or established to perform some
particular function or
• to serve or facilitate some particular end.

• Person shall mean any individual, firm, joint venture, partnership
corporation, cooperative association, or joint stock
• association, and includes any trustee, receiver, assignee, or personal
representative thereof.
• Premark shall mean to delineate the general scope of the excavation or
boring on the paved surface of the ground using
• white paint, or stakes or other suitable white marking on nonpaved
surfaces.
• Safety Zone shall mean a zone containing the width of the facilities plus not
more than 18 inches on each side and
• designated on the surface by the use of standard color-coded markings.

• Standard Color-coded Markings shall mean the following colored code
which shall be used for the placement of marks:
• (a) Red - electric power lines, cables, conduit or light cables;
• (b) Yellow - gas, oil, petroleum, steam or other gaseous materials;
• (c) Orange - communications cables or conduit, alarm or signal lines;
• (d) Blue - water, irrigation and slurry lines;
• (e) Green - sewer and drain lines;
• (f) White - premark of proposed excavation.
• System shall mean the underground plant damage prevention system as
defined in M.G.L. c. 164, § 76D.

• (1) Premarking shall occur before an excavator has given notice of excavation to the
system.
• (2) When premarking in an area where white marks may interfere with traffic or
pedestrian control, or when white
• marks might otherwise be difficult to see, the excavator should consider using an
alternate color, other than a color
• listed as a standard color code marking under 220 CMR 99.02, and must inform the Dig
Safe Center in the notice that
• an alternate color has been used.
• (3) When excavating to replace a guardrail or fence, an excavator may use the pre-
existing guardrail or fence as the
• premark. If the new guardrail is not collinear with the pre-existing guardrail or fence, the
excavator must premark only
• that area to be excavated that will differ from the pre-existing guardrail or fence.

• Notice of a excavation shall be tendered to the system at least 72
hours, exclusive of Saturdays, Sundays or holidays,
• but not more than 30 days prior to the commencement of an
excavation. Such notice shall include a description of the
• excavation location and the date the excavation is expected to begin.
• 10/03/08 220 CMR

• (2) In an emergency, the excavator may commence excavating after having taken all reasonable
steps, consistent with
• the emergency, to notify the system and premark the excavation site.
• (3) Each company shall establish standard operating procedures to identify the location of its
respective underground
• facilities as soon as practicable after receiving notification of an emergency excavation whether or
not the excavation
• has begun.
• (4) Circumstances requiring emergency excavation shall not excuse the excavator from the
requirement to use all
• reasonable means to avoid damage to an underground facility.
• (5) Emergency Dig Safe markings are invalid after the cessation of the emergency. Further
excavation at the location
• shall require notice as set forth in 220 CMR 99.04(1) and premarking.

• (6) In no event shall any excavation by blasting take place unless
notice thereof, either in the initial notice or a
• subsequent notice accurately specifying the date and location of such
blasting, shall have been given and received at
• least 72 hours in advance, except in the case of an unanticipated
obstruction requiring blasting when such notice shall
• be not less than four hours prior to such blasting. If any such notice
cannot be given as aforesaid because of an
• emergency requiring blasting, it shall be given as soon as may be
practicable but before any explosives are discharged.

• (1) Every company shall use the center line method to identify the location
of its respective underground facilities. The
• underground facility shall be completely located within a safety zone no
more than 18 inches plus the width of the
• facility from the designated center line.
• (2) All markings shall indicate, where practicable, the width, if it is greater
than two inches, and material of the
• underground facility, as well as any change in direction and any terminus
points of the facility.
• (3) Marking shall extend at least 15 feet beyond the boundaries of the
premarked area.

• (4) Within 72 hours, exclusive of Saturdays, Sundays and legal holidays, from the time initial
notice is received by the
• system or at such time as the company and excavator agree, every company shall mark the
location of an underground
• facility by applying a visible fluid, such as paint, on the ground above the facility. The company
may use an alternative
• marking method of color-coded stakes, color-coded flags or color-coded brush-type markers.
• (5) In a paved area designated as a historical location, a company may use chalk, stakes, flags,
brush-type markers or
• other suitable devices with the appropriate color-coding affixed or attached, instead of marking
fluid.
• (6) The color code listed under 220 CMR 99.02 shall be used for the placement of marks whether
by visible fluid or
• alternative marking methods.

• If the surface above the underground facility is to be removed, the company may place supplemental offset marks.
• These marks must be uniformly aligned and must indicate the specific distance from the markings to the underground facility.
• After a company has marked the location of its facilities, the excavator shall be responsible for maintaining the
• markings at such locations unless such excavator, after premarking, requests remarking at the location due to the
• obliteration, destruction or other removal of such markings. The company shall then remark such location within 24
• hours following receipt of such request.
• Markings shall be valid for an excavation site until one of the following events occurs:
• the excavation does not commence within 30 days of the notification;
• the markings become faded, illegible or destroyed
• a company installs new underground facilities in a marked area still under excavation; and/or
• an emergency condition is brought to conclusion which nullifies any markings installed during the emergency

• When excavating in close proximity to the underground facilities of any company, non-
mechanical means shall be employed, as necessary, to avoid damage in locating such
facility, and any further excavation shall be performed
• employing reasonable precautions to avoid damage to any underground facilities
including, but not limited to, any substantial weakening of structural or lateral support of
such facilities, penetration or destruction of any pipe, main,
• wire or conduit or the protective coating thereof, or damage to any pipe, main, wire or
conduit. In such cases,
• mechanical means may only be used for the initial penetration of pavement, rock or
other such materials, so long as
• non-mechanical means are employed after the paving, rock or other such material has
been penetrated.
• If an excavator damages a company's underground facility, or has reason to believe that a
company's underground facility may be damaged or compromised in any way as a result
of the excavator's actions, the excavator must notify the company as soon as possible.

• The Department may begin a proceeding by issuing a notice of
probable violation (NOPV) if the Department has reason to believe
that a violation of M.G.L. c. 82, §§ 40 through 40E, has occurred or is
occurring. The NOPV shall be issued by the Commission or its
designee. The NOPV shall state the factual basis for the allegation of a
violation and the amount of the civil penalty which may be assessed
against the person served (respondent) if the Department finds that
the violation has occurred. The NOPV shall state that the respondent
has a right to reply in writing to the NOPV or to appear at an informal
conference with the Department on a designated day which is at least
21 days from the date of the NOPV.

Any written reply must be filed with the Department on or before the
day scheduled for the informal conference and must be signed by the
respondent or the respondent's designee. It must include a complete
statement of all relevant facts and authority, and full description of the
reasons that the respondent disputes the violation alleged in the NOPV.
If the respondent or the respondent's representative fails, without
good cause, either to file a written reply or to appear at the informal
conference, the respondent shall be deemed to have admitted the
accuracy of the factual allegations and legal conclusions stated in the
NOPV, and the respondent shall be held liable to pay the civil penalty
designated in the NOPV through the issuance of a remedial order
pursuant to 220 CMR 99.10.

An informal review shall be conducted by an investigator
designated by the Commission. The informal review shall
consist of an informal conference, if the respondent has
chosen this option under 220 CMR 99.07, or an analysis of the
respondent's written reply.
At the informal conference, the respondent shall have the
right to be represented by an attorney or other person, and
shall have the right to present relevant documents to the
investigator. The investigator shall make available to the
respondent any evidence which indicates that the respondent
may have violated M.G.L. c. 82, §§ 40 through 40E, and the
respondent or the respondent's representative shall have the
opportunity to rebut this evidence. However, this informal
conference shall not be construed to be an adjudicatory
proceeding as defined in M.G.L. c. 30A.

The adjudicatory hearing shall be a de novo hearing and shall be an adjudicatory
proceeding as defined in M.G.L. c. 30A, and conducted pursuant to 220 CMR 1.00:
Procedural Rules.
At the adjudicatory hearing, the respondent shall have the right to be represented
by an attorney or other person.
If the Department finds, after the adjudicatory hearing, that the respondent has
violated M.G.L. c. 82, §§ 40 through 40E, it may issue a remedial order pursuant to
220 CMR 99.10.
If the Division determines, or the Department finds, after the request for an
adjudicatory decision has been filed, that the evidence supports a determination
that the respondent violated M.G.L. c. 82, §§ 40 through 40E in a respect not stated
in the NOPV or decision of the investigator, the Division shall issue an NOPV with
respect to the violation so determined or found.

If the Department finds that a violation has occurred or is continuing, it may issue a,
remedial order. The remedial order shall include a written opinion setting forth the factual
and legal basis of the Department's findings and shall direct any party to take any action
which is consistent with said party's obligations under M.G.L. c. 82, §§ 40 through 40E,
including the payment of a civil penalty as provided by said statute.
A remedial order issued by the Department under 220 CMR 99.10 shall be effective upon
issuance, in accordance with its terms, unless stayed, suspended, modified or rescinded.
A remedial order is a final decision of the Department within the meaning of M.G.L. c. 25, §
5, and thereby subject to review by the Supreme Judicial Court.
If the respondent fails either to appeal a remedial order to the Supreme Judicial Court or to
comply fully with the order within 20 days, the Department may refer the case to the
Attorney. General with a request that an action be brought in the Superior Court to seek
appropriate relief, including, but not limited to, collection of assessed penalties.

Notwithstanding any other provision to the contrary, the Department
may at any time resolve an outstanding enforcement issue with a
consent order. A consent order must be signed by the person to whom
it is issued, or a duly authorized representative, and must indicate
agreement with the terms therein. A consent order need not constitute
an admission by any person that a violation has occurred.
A consent order is a final order of the Department, having the same
force and effect as a remedial order issued pursuant to 220 CMR 99.10.
A consent order shall not be appealable by the respondent and shall
include an express waiver of appeal or judicialreview rights that might
otherwise attach to a final order of the Department

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