This document provides an overview of dig prevention training, including California laws regarding utility locating and excavation. Key points include:
- Calling 811 at least two days before excavation to have underground utilities marked. Utilities will mark the approximate locations and provide a positive response.
- Using only hand tools within 24 inches of underground lines. Power equipment requires agreement from utility operators.
- Stopping work and calling 811 if marks are no longer visible, an unmarked utility is found, or any damage occurs to a utility line.
- Following requirements for maintaining ticket validity, renewing expired tickets, and requesting re-marks if excavation will continue after the initial 28-day window.
-
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On March 12, 2009, the “Real Estate Licensee/Sign Post Installation Meeting” was hosted by the Division of Underground Utility and Railroad Safety (Miss Utility) of the State Corporation Commission. Miss Utility’s primary concern is excavation (usually manually digging a hole with a post-hole digger) occurring for real estate “for sale” signs in violation of the law’s requirement that Miss Utility be contacted, a “dig ticket” issued, and the underground utilities marked prior to digging. Miss Utility representatives asked what the Real Estate Board could do to help educate its licensees on the lawful procedure for this type of action. On March 26, 2009, the Board approved: 1) encouraging its approved pre-license, continuing and post license educators to include instruction on this subject - an e-mail message encouraging this will be sent to the Board’s education providers; 2) including a question or questions on its salesperson and broker examinations on this subject; and 3) including an article in VREB Speaking” on this subject."
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On March 12, 2009, the “Real Estate Licensee/Sign Post Installation Meeting” was hosted by the Division of Underground Utility and Railroad Safety (Miss Utility) of the State Corporation Commission. Miss Utility’s primary concern is excavation (usually manually digging a hole with a post-hole digger) occurring for real estate “for sale” signs in violation of the law’s requirement that Miss Utility be contacted, a “dig ticket” issued, and the underground utilities marked prior to digging. Miss Utility representatives asked what the Real Estate Board could do to help educate its licensees on the lawful procedure for this type of action. On March 26, 2009, the Board approved: 1) encouraging its approved pre-license, continuing and post license educators to include instruction on this subject - an e-mail message encouraging this will be sent to the Board’s education providers; 2) including a question or questions on its salesperson and broker examinations on this subject; and 3) including an article in VREB Speaking” on this subject."
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3. Laws and Regulations
* California One Call Law (California Government
Code §4216 - 4216.9)
*Construction Safety Orders – Excavations (Cal/
OSHA Title 8, California Administrative Code,
§1541)
*Contractor State Licensing Board (CSLB) - licenses
and regulates California's construction industry
4. Enforcement, Fines and
Penalties
*California Government Code 4216
Fines currently up to $50,000 (plus additional costs for damages to facilities)
*Contractor State Licensing Board
License may be revoked
*Cal/OSHA
Work stoppage
Fines
*The local or state agency which issued your permit
May revoke permit and/or deny future permits
*The Attorney General, District Attorney
Civil, criminal prosecution
*3rd Party liabilities for damages when they are impacted
6. Overview
Delineate your excavation
Call 811 to get your ticket
Wait the required time
Confirm utilities’ positive response
Requirements once excavation begins
Managing your ticket
7. Delineate Your Excavation
Cal/OSHA Title 8 Section 1541, CGC 4216.2
With white paint, stakes, other suitable
material
◦ For homeowners
◦ White stakes, flour or other white
substance may be used.
Limit the site to manageable sizes (able
to complete within 28 calendar days)
Take a physical inventory of subsurface
facilities such as meters, vaults,
manhole covers, utility risers, cuts in
pavement, etc.
9. Calling 811
9
• Each excavator is required to have their own
‘ticket’
• Must call at least 2 working days before
excavation start date
– May call up to 14 calendar days prior to
excavation start date.
• Ticket number issued - Valid for 28 calendar
days from date of issuance
– Copy of ticket emailed to caller (if email
provided)
– Print copy at One Call Center website
• One Call Center notifies its members
• The valid and current ticket must be physically
present on site. Either paper or electronic copy.
• Tickets must be renewed prior to expiration.
4216.2 Except in an emergency, any person planning to conduct any
excavation shall contact the One Call Center.
10. Calling 811 - Emergencies
10
• Examples of emergencies
– Hazards substance released into
the environment
– Construction equipment in contact
with an electric line
– Liquid line causing a sinkhole
– 911 Call center down due to
telecommunications line contact
• Calling in an emergency does not
absolve you of the liabilities if
damages should occur
• Declaration of emergency can be
subject to review by an
enforcement agency
4216(d)“Emergency” means a sudden, unexpected occurrence, involving a
clear and imminent danger, demanding immediate action to prevent or
mitigate loss of, or damage to, life, health, property, or essential public
services.
11. Calling 811 - Emergencies
11
• Examples of non-emergencies
– Calling in a ticket on
Friday for a fencing project
to begin on Saturday.
– Schedule changes that
accelerate needed work.
– Being behind schedule,
or poor planning on your
part, is not an emergency.
12. Working on Private Property
12
• Must still call 811 so members may be notified of intent to excavate.
• Not all subsurface facility owners or management may be members of
the One Call Center.
• Examples include, but are not limited to the following:
• Homeowner with irrigation piping
• Large commercial properties with multiple buildings (e.g., colleges, high-tech
campus, office complexes, hospitals)
• Mobile home parks or condo complexes
• California Department of Transportation
• Before beginning any excavation
• Notify private property owners or management of proposed excavation.
• Work together to determine locations of lines in area of the proposed
excavation.
1541; 4216.9 (a)
13. Utility Response – Required Field
Meetings when Excavating near
“High Priority” Facilities
Excavation proposed within
10 feet of:
Greater than 60 PSIG natural gas
pipelines
Petroleum lines
60 kV or greater electric lines
Pressurized sewage pipelines
Hazardous materials pipelines that
are potentially hazardous to
employees or the public if
damaged.
13
1541(1)(b), 4216.2(a)(2)
14. Additional needs for field
meeting
Utility requested
• One-way feed
• Utilities serve critical facility -
hospital, airport, etc.
• Large-scale or complex projects
• Blasting, grading, ripping
• Boring
• Build relationships
Contractor Requested
• Large scale or complex projects
• Build relationships
14
15. Utility Response – Marking
Utilities
15
Utilities will mark the approximate, horizontal path of their facilities
4216.3, Section 1541 (1)(C)
16. Utility Response – Positive
Response
Mark with paint and/or stakes the
“approximate location” of their
subsurface facilities
“Approximate location”
does not mean depth
16
1541 (1)(A)(2), 4216.3 (a)(1)
• “No” or “no conflict”
– Fax
– Email
– Phone call
– Markings indicating no
conflict
17. Excavator – Confirming Positive
Response
Identify physical evidence of utilities – Meters, vaults, manhole
covers, utility risers, cuts in pavement, sewer cleanouts, etc.
Telecom vault matches marks Street light pole matches marks
Water, gas and electric markings match meters, utility boxes
18. Excavator – No Utility Response
Follow-up:
USA North 811
18
• 1st No Response Call to 811
– Identify utility that has not provided Positive Response
– Wait at least 1 hour for utility to respond
• 2nd No Response Call to 811
– Identify utility that has not provided Positive Response
– Wait at least 1 hour for utility to respond
• 3rd No Response Call to 811
– Identify utility that has not provided Positive Response
– One Call Center will attempt to make a call to the utility involved
requesting they response ASAP.
• Keep calling 811 until the appropriate utility responds
• We should strive to develop a relationship with the facility operators, this
may help us get them to respond in a more timely manner.
19. 19
• No Response - Call USA North at 811
– For your documentation always contact USA North
– Identify facilities that have not provided
Positive Response
– Wait a reasonably amount of time – allow enough
time for facility owners to respond
• Still No Response - Call USA North at 811
– USA North will send out your request that facility owners still have
not provided Positive Response
– Request the phone numbers to the facility owner(s) so you can
contact them directly
Remember, Positive Response could be notification that there is
nothing in conflict with your proposed excavation
Excavator – No Utility Response
Follow-up: USA North
21. Your Job Site Has Been Marked
21
Once Positive Response has
been confirmed for all
notified utilities, you are now
ready to begin your
excavation.
You must have a valid and
current 811 ticket physically
present (electronic or paper)
on all excavation sites.
22. Maintaining Marks on site
If unmarked utility is found during excavation:
◦ Stop all excavation activities in the area near the unmarked utility and notify
the operator and USA North 811. Do not resume excavation until the utility
has been located and marked.
If utility cannot be found as marked:
◦ Stop all excavation activities in the area of the utility and Request that the
operator provides to you additional information, to the extent that
information is available to the operator, to enable the excavator to
determine the exact location of the installation.
If marks are no longer visible on your jobsite:
◦ Stop all excavation activities and call 811 and request a remark. A remark
request requires a 2 working day notice.
25. Hand Digging and Power Operated
Equipment
Power-operated or power-driven
excavating or boring equipment
Only for the removal of any pavement if there are no
subsurface installations contained in the pavement.
Power Operated or Power Driven Excavation
equipment tools will NOT be used within the 24”
tolerance zone.
25
4216.4
Hand digging requirement
• Utilize hand tools within the area of the
approximate location to determine the exact
location of subsurface installations. Only
hand tools will be used within the 24”
tolerance zone
27. Power Operated Equipment within
Approximate Location
Mutual agreement required
between the operator or
operators and the excavator
Vacuum excavation devices
Power-operated or power-driven
excavating equipment
Boring equipment
27
4216.4
28. When to Call 811 and 911
Notify 811 and/or utility if:
Damage occurs
Unable to locate utilities as marked
Unknown utilities are
exposed/discovered
Marks are no longer visible
Make ANY type of contact with a
utility
◦ Breaks, leaks, nicks, dents,
gouges, grooves, or other
damages
◦ Conduits
◦ Coatings or cathodic protection
28
1541.5, 4216.4(c)
29. When to Call 811 and 911
Call 911 immediately from a safe distance, then 811 and the
utility
Contact with any facility resulting in a leak or break causing the release of
any flammable, toxic or corrosive gas or liquid
This includes “high priority” facilities
29
1541.5, 4216.4(c)
30. Utilities May Have Additional
Requirements
Require Standby Personnel be on-site during Excavation
or Boring Operations
Require special permits to Cross Easements
Special Requirements to Support Facilities
Special Backfill Requirements
Special Excavation Requests
30
31. Ticket Management Overview
Must call at least 2 working days prior to
excavation start date
May call up to 14 calendar days prior to
excavation start date
Ticket valid for 28 calendar days
Ticket extensions without re-marks
Ticket extensions with re-marks
You must renew locating tickets prior to
expiration
31
4216.3(c) re-marks
40. Resources
40
• Cal/OSHA Section 1541 - Excavation, Trenching, and Shoring
• Common Ground Alliance (CGA) Best Practices
• California Regional Common Ground Alliance (CARCGA)
• USA North 811
• Dig Alert
• Your local utilities
• Industry Associations
• California State Licensing Board (CSLB) “Contractors License Law & Reference Book”
Presenter Notes
Distribute handout of example ticket for audience to refer to.
Provide overview of information on ticket which is requested when calling 811.
Note list of utilities that are notified, which makes a good checklist later on when confirming positive response (to be discussed later in presentation)
Handout list of acronyms used by CSRs which will be found on ticket.
By definition of an excavator: 4216 Except as provided in Section 4216.8, “excavator” means any person, firm, contractor or subcontractor, owner, operator, utility, association, corporation, partnership, business trust, public agency, or other entity which, with their, or his or her, own employees or equipment performs any excavation. “Excavation” means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, drilling , augering, tunneling, scraping, cable, or pipe plowing and driving, or any other way.
Presenter Notes
Emphasize types of emergencies
These examples represent incidents that clearly fall within the definition of an emergency.
Avoid discussions about incidents that may be open to subjectivity. The next slide depicts situations that are “non-emergencies”
4216(d)“Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. “Unexpected occurrence” includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, damage to a subsurface installation requiring immediate repair, or sabotage.
4216(d)“Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. “Unexpected occurrence” includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, damage to a subsurface installation requiring immediate repair, or sabotage.
Presenter Notes
Below are the exemptions within 4216.
4216.8. This article does not apply to any of the following persons:
An owner of real property who contracts for an excavation project on the property, not requiring a permit issued by a state or local agency, with a contractor or subcontractor licensed pursuant to Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Business and Professions Code.
An owner of residential real property, not engaged as a contractor or subcontractor licensed pursuant to Article 5 (commencing with Section 7065) of Chapter 9 Division 3 of the Business and Professions Code, who as part of improving his or her principal residence or appurtenances thereto is performing or having performed excavation work not requiring a permit issued by a state or local agency.
Any person or private entity that leases or rents power operated or power-driven excavating or boring equipment, regardless of whether an equipment operator is pro-vided for that piece of equipment or not, to a contractor or subcontractor licensed pursuant to Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Business and Professions Code, if the signed rental agreement between the person or private entity and the contractor or subcontractor contains the following provision: "It is the sole responsibility of the lessee or renter to follow the requirements of the regional notification center law pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code. By signing this contract, the lessee or renter accepts all liabilities and responsibilities contained in the regional notification center law.”
Cal/OSHA Title 8 Section 1541, (2) All Regional Notification Centers as defined by CGC 4216(j) in the area involved and all known owners of subsurface facilities in the area who are not members of a Notification Center shall be advised of the proposed work at least 2 working days prior to the start of any digging or excavation work. Exception: Repair work to subsurface facilities done in response to an emergency as defined in CGC 4216(d).
4216.9(a) No permit to excavate issued by any local agency, or state agency, shall be valid unless the applicant has been provided an initial
inquiry identification number by a regional notification center.
(2)When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation prior to the legal excavation start date and time, as such date and time are authorized pursuant to paragraph (1) of subdivision (a) of Section 4216.2. The excavator and operator or its representative shall conduct an onsite meeting at a mutually-agreed on time to determine actions or activities required to verify the location of the high priority subsurface installations prior to start time.
Presenter Note
Some operators may only mark facilities when an excavator has called in a ticket with a field meeting request, unless it is required due to the presence of a high-priority facility.
4216.3. (a) (1) Any operator of a subsurface installation who receives timely notification of any proposed excavation work in accordance with Section 4216.2 shall, within two working days of that notification, excluding weekends and holidays, or before the start of the excavation work, whichever is later, or at a later time mutually agreeable to the operator and the excavator, locate and field mark the approximate location and, if known, the number of subsurface installations that may be affected by the excavation to the extent and degree of accuracy that the information is available either in the records of the operator or as deter-mined through the use of standard locating techniques other than excavating, otherwise advise the person who contacted the center of the location of the operator’s sub-surface installations that may be affected by the excavation, or advise the person that the operator does not operate any subsurface installations that would be affected by the proposed excavation.(2)Only a qualified person shall perform subsurface installation locating activities. (3) A qualified person performing subsurface installation locating activities on behalf of a subsurface installation operator shall use a minimum of a single-frequency utility lo-cating device and shall have access to alternative sources for verification, if necessary.(4) Operators of high priority subsurface installations shall maintain and preserve all plans and records for its subsurface installations.(b) Every operator of a subsurface installation who field marks the location of a subsurface installation shall make a reasonable effort to make field markings in conformance with the uniform color code of the American Public Works Association.
Section 1541 (C) Only qualified persons shall perform subsurface installation locating activities, and all such activities shall be performed in accordance with this section and Government Code Sections 4216 through 4216.9. Persons who complete a training program in accordance with the requirements of Section 1509, Injury and Illness Prevention Program (IIPP), that meets the minimum training guidelines and practices of 33the Common Ground Alliance (CGA) Best Practices, Version 3.0, published March 2006,
The Excavation shall not commence until: (2) The excavator has received a positive response from all known owner/operators of subsurface installations within the boundaries of the proposed project; those responses confirm that the owner/operators have located their installations, and those responses either advise the excavator of those locations or advise the excavator that the owner/operator does not operate a subsurface installation that would be affected by the proposed excavation.
Presenter Note
The middle photo will not initially appear during the presentation. It will appear when the advance button on your presentation clicker is clicked.
TALKING POINT:
Follow-up only occurs after the legal excavation start date and the utilities have been given the required 2 working days to respond.
Presenter Notes
Beginning of next section.
4216(a) (a) “Approximate location of subsurface installations” means a strip of land not more than 24 inches on either side of the exterior surface of the subsurface installation. “Approximate location” does not mean depth.
4216(a) (a) “Approximate location of subsurface installations” means a strip of land not more than 24 inches on either side of the exterior surface of the subsurface installation. “Approximate location” does not mean depth.
Presenter Note
When removing pavement with power operated equipment – jackhammers, saw cutters, etc. – remember that the utility marks do NOT indicate depth and that the excavator should not assume that utilities are far below the base of the pavement or not contained within the pavement.
Power operated equipment may be used for the removal of any existing pavement if there are no subsurface installations contained in the pavement.
4216.4. (a) When the excavation is within the approximate location of subsurface installation, the excavator shall determine the exact location of subsurface installations in conflict with the excavation by excavating with hand tools within the area of the approximate location of subsurface installations as provided by the operators in accordance with Section 4216.3 before using any power-operated or power-driven excavating or boring equipment within the approximate location of the subsurface installations except that power-operated or power-driven excavating or boring equipment may be used for the removal of any existing pavement if there are no subsurface installations contained in the pavement.
4216.4. (a) When the excavation is within the approximate location of subsurface installation, the excavator shall determine the exact location of subsurface installations in conflict with the excavation by excavating with hand tools within the area of the approximate location of subsurface installations as provided by the operators in accordance with Section 4216.3 before using any power-operated or power-driven excavating or boring equipment within the approximate location of the subsurface installations except that power-operated or power-driven excavating or boring equipment may be used for the removal of any existing pavement if there are no subsurface installations contained in the pavement.
Presenter Notes
Photo of inside of steel casing which shows gouge.
Photo of a gas line struck by a farmer who worked a field without a USA ticket.
4216.4(b) If the exact location of the subsurface installation cannot be determined by hand excavating in accordance with subdivision (a), the excavator shall request the operator to provide additional information to the excavator, to the extent that information is available to the operator, to enable the excavator to determine the exact location of the installation. The regional notification center shall provide the excavator with the contact phone number of the subsurface installation operator.
4216.4(c)An excavator discovering or causing damage to a subsurface installation, including all breaks, leaks, nicks, dents, gouges, grooves, or other damage to subsurface installation lines, conduits, coatings, or cathodic protection, shall immediately notify the subsurface installation operator. The excavator may contact the regional notification center to obtain the contact information of the subsurface installation operator. If high priority subsurface installations are damaged and the operator cannot be contacted, the excavator shall call 911 emergency services.
Cal/OSHA 1541.5 (5) An excavator discovering or causing damages to a subsurface installation shall immediately notify the facility owner/operator or contact the Regional Notification Center to obtain subsurface installation operator contact information immediately after which the excavator shall notify the facility operator. All breaks, leaks, nicks, dents, gouges, grooves, or other damages to an installation's lines, conduits, coatings or cathodic protection shall be reported to the subsurface installation operator. If damage to a high priority subsurface installation results in the escape of any flammable, toxic, or corrosive gas or liquid or endangers life, health or property, the excavator responsible shall immediately notify 911, or if 911 is unavailable, the appropriate emergency response personnel having jurisdiction. The facility owner/operator shall also be contacted.
4216.4(c)An excavator discovering or causing damage to a subsurface installation, including all breaks, leaks, nicks, dents, gouges, grooves, or other damage to subsurface installation lines, conduits, coatings, or cathodic protection, shall immediately notify the subsurface installation operator. The excavator may contact the regional notification center to obtain the contact information of the subsurface installation operator. If high priority subsurface installations are damaged and the operator cannot be contacted, the excavator shall call 911 emergency services.
Cal/OSHA 1541.5 (5) An excavator discovering or causing damages to a subsurface installation shall immediately notify the facility owner/operator or contact the Regional Notification Center to obtain subsurface installation operator contact information immediately after which the excavator shall notify the facility operator. All breaks, leaks, nicks, dents, gouges, grooves, or other damages to an installation's lines, conduits, coatings or cathodic protection shall be reported to the subsurface installation operator. If damage to a high priority subsurface installation results in the escape of any flammable, toxic, or corrosive gas or liquid or endangers life, health or property, the excavator responsible shall immediately notify 911, or if 911 is unavailable, the appropriate emergency response personnel having jurisdiction. The facility owner/operator shall also be contacted.
4216.3(c) If, at any time during an excavation for which there is a valid inquiry identification number, an operator’s field markings are no longer reasonably visible, the excavator shall contact the appropriate regional notification center. The regional notification center shall contact any member, if known, who has a subsurface installation in the area of the excavation. Upon receiving timely notification or renotification pursuant to this subdivision, the operator shall re-locate and re-mark, within two working days, those subsurface installations that may be affected by the excavation to the extent necessary, in conformance with this section.
Presenter Note
Inform the attendees they may contact any member of the CARCGA or either One Call Center to get educational resources and/or setup additional classes.