Construction Business Owner, November 2007

As an owner of a construction business, you may perform underground excavation work as a common practice. Whether this work involves a backhoe, drill or hand tools, there is a very good chance that beneath the surface lurks numerous substructures owned by various utilities that could be in the path of your dig. If you damage one of these, you risk a claim that could easily exceed six figures. How can you avoid the damage in the first place and how do you defend a claim if damage does occur?

How to Stop a Lawsuit Before It Happens

Let’s face it. You do not want to sever a telecommunications cable, rupture a gas line or otherwise damage one of these hidden structures. Yet, it happens over 50,000 times a year in this country. From a risk management perspective, there are a few simple preparatory steps that should be taken before beginning any excavation job.    

1. Call your local One Call facility before you dig. This is the most important step because one-third of all accidents occur due to the excavator’s failure to call. One Call centers can be found in regions throughout the country. A One Call center receives information on upcoming digs from excavators and then notifies all owners of underground facilities within that area so that they can mark the location of their substructure. Call 811 if you are unsure as to who to call locally, and you will be routed to the proper facility.

2. Make sure your crew has familiarity with the local One Call procedures. Make a copy of the applicable statute, and give it to employees who are onsite. Print out information from the local One Call websites (www.digalert.org and www.call811.com). These websites explain in clearly and with illustrations how the statutes work and what is expected of the excavator.

3. Confirm that your crew's delineation marks at the site are accurate. A sloppy outline will almost certainly fail to include all the subsurface installations that could be impacted by the dig.  

4. Review all information communicated to One Call about the date, time and location of the excavation to confirm its accuracy. A written and audio record is kept of this communication and will be available for all to see as Exhibit “A” if litigation occurs.

5. Keep all of the One Call tickets. It is always easier to prove to the offended party that you complied with One Call by having a copy of that ticket. 

6. Know your terrain. Direct your site managers to be aware of their surroundings. If manholes are present with the name PG&E or SCE on the cover with no corresponding marks, then it is reasonable to assume that a subsurface installation has not been appropriately identified, and One Call should be notified immediately.    

7.  If you have doubts about any of the marks, contact One Call immediately, and request for an emergency re-mark before you begin the dig. Although you may be able to directly contact an operator, it is a much better idea to go through One Call so that a record exists of your request for a re-mark. Otherwise, you will be facing a he said/she said scenario without any concrete proof.

Houston, We Have a Problem

If an accident does occur, it is essential that your employees immediately take digital photographs of the field marks at the scene. If possible, pictures should also be taken of the actual substructure that was damaged once it is uncovered. Often, a utility company will send out its locator after the damage to "re-mark" the area, covering up the previous marks. Your pictures with the “before” view, can be highly persuasive in muting an opponents’ outrage.   

In 40 percent of all cases involving damage, the underground operator seeks recovery from the excavator. Whether you receive a claim or a lawsuit, there are a few things you should do when defending the case. 

You should also request from the operator any substructure maps and microfiche that contain schematics of exactly what that company had under the surface at the time of the excavation.  On many occasions, the locator who spray painted the marks had within his possession microfiche and substructure maps that pinpointed the exact location, route and substructure size. These materials are generally never provided to you—the excavator—prior to the job because they are proprietary in nature.

 

Title
Comment
Name
Email
Write the displayed characters
	Add Comment