2015 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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367.4911 Excavator or person responsible for excavation to notify operator of work
schedule -- Responsibilities of excavator.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(a)
Each excavator, or person responsible for an excavation, planning excavation
or demolition work shall, not less than two (2) full working days nor more
than ten (10) full working 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 working 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.
(8)
The excavator shall contact the protection notification center to request remarking
two (2) working 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: June 24, 2015
History: Amended 2015 Ky. Acts ch. 31, sec. 3, effective June 24, 2015. -- 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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