2009 Kentucky Revised Statutes CHAPTER 367 CONSUMER PROTECTION 367.4911 Excavator to notify operator of work schedule -- Responsibilities of excavator.
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367.4911 Excavator to notify operator of work schedule -- Responsibilities of
excavator.
(1) Each excavator planning excavation or demolition work shall, not less than two (2)
business days nor more than ten (10) business days prior to commencing work, <br>notify each affected operator of the excavator's intended work and work schedule. <br>Contacting the applicable protection notification centers shall satisfy this <br>requirement.
(2) Each excavator shall provide each applicable protection notification center with
adequate information regarding: <br>(a) The name of the individual making the notification; <br>(b) The excavator's name, address, and a telephone number; <br>(c) The excavation or demolition site location or locations, each of which shall
not exceed two thousand (2,000) feet in length unless the excavator and <br>operator agree to a larger area, the city or community, county and street <br>address, including the nearest cross street;
(d) The type and extent of excavation or demolition to be performed; <br>(e) A contact name and telephone number of the person responsible for the work
to be performed.
(3) If more than one (1) excavator will operate at the same site, each excavator shall
notify the protection notification centers individually. Notification by an excavator <br>will serve as notification for any of that excavator's employees. Failure by an <br>excavator to notify the protection notification center does not relieve individual <br>employees of responsibility.
(4) The excavator shall inform and provide to excavation or demolition site employees:
(a) The underground facility location provided by each operator; <br>(b) Any related safety information provided by each operator; and <br>(c) The locate request identification number assigned by the protection
notification center.
(5) The excavator shall protect and preserve temporary underground facility markers
until the scheduled excavation or demolition is completed.
(6) If, after the two (2) day period provided by KRS 367.4909(4), the excavator finds
evidence of an unmarked underground facility at the site, he shall immediately <br>notify the protection notification center.
(7) The excavator shall contact the protection notification center to request remarking
every twenty-one (21) days while excavation or demolition continues or if: <br>(a) The markings of any underground facility have been removed or are no longer
visible; or
(b) The excavator has changed the work plan or location previously filed.
(8) (a) Each excavator who conducts or is responsible for any excavation or
demolition that results in underground facility damage shall cease excavation
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or demolition activities and notify all affected operators of the location and <br>nature of the underground facility damage.
(b) If the underground facility damage causes concern for public or workplace
safety, the excavator shall notify appropriate public safety agencies of the <br>location and nature of the safety concern.
(c) If the underground facility damage results in the escape of any flammable,
toxic, or corrosive gas or liquid, the excavator shall cease excavation or <br>demolition activities and immediately report to the appropriate authorities by <br>calling the 911 emergency telephone number.
(9) When excavation or demolition is necessary within the approximate location of the
underground facility, the excavator shall hand-dig or use nonintrusive means to <br>avoid damage to the underground facility.
(10) Upon request by an operator, an excavator shall mark the boundaries of the location
to be excavated using the procedure set forth in KRS 367.4909(5). This marking <br>shall not alter, or relieve the excavator from complying with, the requirements of <br>KRS 367.4905 to 367.4917.
Effective: July 15, 2008 <br>History: Amended 2008 Ky. Acts ch. 180, sec. 3, effective July 15, 2008. -- Amended
2000 Ky. Acts ch. 222, sec. 3, effective July 14, 2000. -- Created 1994 Ky. Acts <br>ch. 425, sec. 6, effective January 1, 1995.
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