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State law requires an excavator to use “reasonable care” to avoid damage to underground utilities when digging inside
the tolerance zone around a marking. The concept of reasonable care has traditionally been pretty vague, but the rules adopted by the enforcement board provide a greater level of detail to help excavators evaluate what steps they should take when working in close proximity to a marked line.
Guidance from the rules adopted by Tennessee’s Underground Utility Damage Enforcement Board
In the exercise of reasonable care, an excavator shall take actions, which shall include, but are not limited to:
(a) Planning excavation or demolition to avoid damage to and minimize interference with underground utilities in and near the excavation area;
(b) Maintaining a clearance between the underground utility and the cutting edge or point of any mechanized equipment, taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such utility
(c) Providing such support and protection for underground utilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such utilities; and
(d) Installing each utility, regardless of the use or material, with sufficient clearance to permit the maintenance of existing utilities and to protect against damage to existing utilities.
In performing trenchless excavation or boring, reasonable care shall include, but is not limited to:
(a) Visually inspecting the planned excavation path for structures indicating the presence of underground utilities;
(b) When possible, contacting utility company directly and review maps or drawings to verify underground utility locations;
(c) Reviewing surface markings and compare to other information to identify any unmarked or mismarked utility;
(d) Hand digging test holes or “pothole” and use other safety precautions to identify the location and depth of utilities in the drill path; and
(e) Drilling at a pace that is slow enough to permit tracking device(s) to detect drill line deflections or large obstructions.
The full text of the chapter 1230 rules can be viewed online at https://www.tenn811.com/enforcement-board.
www.tenn811.com/enforcement-board
2024, Issue 2 Tennessee811 • 21