2014 Kentucky Revised Statutes
CHAPTER 367 - CONSUMER PROTECTION
367.4911 Excavator or person responsible for excavation to notify operator of work schedule -- Responsibilities of excavator.
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<![CDATA[367.4911 Excavator or person responsible for excavation to notify operator of
work schedule -- Responsibilities of excavator.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(a)
Each excavator, or person responsible for an excavation, planning
excavation or demolition work shall, not less than two (2) full business
days nor more than ten (10) full business days prior to commencing work,
notify each affected operator of the excavator's intended work and work
schedule. Contacting the applicable protection notification centers shall
satisfy this requirement.
(b) An excavator may commence work before the two (2) full business days
provided for in paragraph (a) of this subsection have elapsed if all
affected operators have notified the person that the location of all the
affected operators' facilities have been marked or that they have no
facilities in the area of the proposed excavation, demolition, or timber
harvesting.
Locate requests are valid for twenty-one (21) calendar days from the day of the
initial request.
Each excavator shall provide each applicable protection notification center with
adequate information regarding:
(a) The name of the individual making the notification;
(b) The excavator's name, address, and a telephone number;
(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 operator agree to a larger area, the city or community, county and
street address, including the nearest cross street;
(d) The type and extent of excavation or demolition to be performed;
(e) A contact name and telephone number of the person responsible for the
work to be performed.
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 will serve as notification for any of that excavator's employees.
Failure by an excavator to notify the protection notification center does not
relieve individual employees of responsibility.
The excavator shall inform and provide to excavation or demolition site
employees:
(a) The underground facility location provided by each operator;
(b) Any related safety information provided by each operator; and
(c) The locate request identification number assigned by each protection
notification center.
The excavator shall protect and preserve temporary underground facility
markers until the scheduled excavation or demolition is completed.
If, after the two (2) day period provided by KRS 367.4909(4)(a), the excavator
finds evidence of an unmarked underground facility at the site, he shall
immediately notify the protection notification center.
The excavator shall contact the protection notification center to request
remarking two (2) business days in advance of the expiration of each
twenty-one (21) day period while excavation or demolition continues or if:
(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.
(9) (a) Each excavator who conducts or is responsible for any excavation or
demolition that results in underground facility damage shall cease
excavation or demolition activities and notify all affected operators of the
location and 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 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 demolition activities and immediately report to the
appropriate authorities by calling the 911 emergency telephone number.
(10) When excavation or demolition is necessary within the approximate location of
the underground facility, the excavator shall hand-dig or use nonintrusive
means to avoid damage to the underground facility.
(11) Upon request by an operator or when the proposed excavation location cannot
be accurately identified, an excavator shall mark the boundaries of the location
to be excavated using the procedure set forth in KRS 367.4909(8)(k). After
marking the boundaries, the excavator shall contact the protection notification
center or centers. The requirements of KRS 367.4909(4) to (10) are
reestablished upon the operator receiving notification of this marking from the
protection notification center or centers. This marking shall not alter, or relieve
the excavator from complying with, the requirements of KRS 367.4905 to
367.4917.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 100, sec. 3, effective July 15, 2014. -Amended 2012 Ky. Acts ch. 137, sec. 4, effective July 12, 2012. -- 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 ch. 425,
sec. 6, effective January 1, 1995.
Legislative Research Commission Note (7/12/2012). 2012 Ky. Acts ch. 137, sec.
1 (KRS 367.4903), contains definitions for KRS 367.4903 to 367.4917, including
a definition of "business day." In amending this statute in that Act, the drafter
used the term "working days" when it is clear from the context that "business
days" should have been used. The Reviser of Statutes has corrected this
manifest clerical or typographical error in codification under the authority of KRS
7.136(1).
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