By K. C. Pawling, Road Safety and Loss Prevention Specialist
As we begin to think about the upcoming construction season, there is one topic that keeps coming to mind. I say that it keeps coming to mind because I frequently get asked by the claims department to review claims that have been submitted because of utility damage. I am talking about the Nebraska 811 request to dig process. Very often this is also referred to as Diggers, Diggers Hotline, or One-Call. I wanted to take this opportunity to go over the process and give you some helpful tips that will potentially save you money.
Before you start a project, you need to make sure that you submit a locate request two (2) full business days prior to the start of your project. For example: a request submitted on Monday will not be available to start until Thursday of the same week or until all utilities have responded to the request. After receiving the “all clear,” you need to take the time to take pictures of all locator marks. This includes pictures of all paint marks, flags, whisker style flags or any other markings that a utility company may use.
When you take pictures, in most cases close-up pictures are good, but taking close-up pictures during this stage of the project is not helpful. Take a step back and take pictures that have a broader view of the locate marks. Try to take pictures from a vantage point that will remain during the duration of the project. You may need to return to that same point to get more pictures should damage occur. Also, try to include some reference points in the pictures that will be visible should a miss-locate occur. You will want to take pictures of the entire work area. If the area of the project is a half mile long, you will need to take pictures of the half mile segment of road. Again, try to include some reference points in your pictures for clarification of location of the utility.
After you start the project, remember that the area 18 inches to either side of the utility needs to be hand dug. I understand that in some instances this can be a big ask, but this is what is required of us per the 811 digging guide. Aside from the area that is marked from the locate you are free to dig as you would with machines. While doing so, if you come in contact a utility, any utility, you need to STOP work, call in the damage to the 811 call center, and take more pictures. In this case you will take pictures of how far off the utility is with respect to the locate marks. Again, you will need to take the broader view pictures, including the reference points you used in the earlier pictures. We would also ask you to take close-up pictures, if safe to do so, of the damage to the utility. If you provide them, we will be able to match the claim of damage from the utility company to the pictures that you have provided. DO NOT continue work until the utility company has responded to the damage call and they have indicated that you can continue work.
Upon completion of the project, take a few more pictures of the completed project. It is good to document what the completed project looks like. It really documents that work was done and the extent of work completed. We all know that our friends at FEMA, may dispute work that has been completed, but if you have pictures, it’s harder for them to dispute. You can also use the pictures to feature the finished work on a county website or social media if you would like. This will give the road department employees recognition of a job well done, while communicating the project completion to the public.
One other reminder, you may need to refresh your one call request. The initial request is good for 10 days. If work on the project has not started within that 10-day window, the request needs to be refreshed. If a refresh ticket is requested, you need to wait for the utility companies to respond before beginning work on your project. Please do not disregard this step, it has been proven to be quite costly in some cases.
Remember that the One-Call Notification System Act imposes strict liability on diggers who do not fully comply with the procedure spelled out in this law. Strict liability means that a digger may be legally required to pay damages if a duty imposed by the statute was not complied with, even if the digger is not actually at fault for the damage to an underground facility. For example, a job started too late, without a refresher 811 call, could result in digger liability, even if the real reason for the damages was that the utility incorrectly gave an “all clear” after the initial call.
I understand that this not a topic that counties really like to talk about because it adds days to projects, takes extra planning and can easily be forgotten. I have lived this myself as a Highway Superintendent. I have also paid the price for damaged utilities when I did not make sure the process was done correctly. Ultimately it is our responsibility to make sure that we do the process correctly, and to make sure we hold the utility companies accountable for what they must do as part of the process, as well.
If we are using a utility permitting process, we need to make sure we do the necessary checks on the installation process. Check the depths of installations, measure the horizontal distances, and check to see that they are boring under county facilities if required. We need to make sure they are doing the work that they have agreed to do, the way they agreed to do it. This is also a process that can save injuries and more importantly lives. Let’s make sure all our employees and co-workers make it home every night. Be safe!
Please contact me if you have any questions pertaining to this topic or to provide training to your employees.
K.C. Pawling
Road Safety and Loss Prevention Specialist
Phone: 402-742-9236
Cell: 402-310-4417
kcpawling@nirma.info
