Clear, broad participation
Exemptions for certain excavators or facility owners leave gaps in protection. PHMSA's criteria for adequate state enforcement call for limited exemptions, with any exemption justified in writing.
49 CFR 198.55Perspective
One-call programs work when every stakeholder is accountable.
Every state has a one-call law, and 811 is widely recognized. Yet failure to notify 811 remains the leading apparent root cause of excavation damage, and many damages occur even when a ticket was placed.
The difference between a one-call system that exists and one that works is accountability: clear duties for excavators, facility owners, locators, and one-call centers, and consistent, effective enforcement when any of them falls short.
Program elements
Elements of an effective one-call program
Defined timelines and ticket rules
Advance notice periods, locate response deadlines, ticket life, and re-marking requirements should be specific and understood by excavators, locators, and operators alike.
Positive response
Excavators should be able to confirm that every notified facility owner has marked or cleared the area before digging begins.
Tolerance zone practices
State law should define the tolerance zone and require nondestructive methods, such as hand digging or vacuum excavation, to expose facilities within it, including for directional drilling.
Accurate maps and records
A one-call program depends on facility owners whose records reflect what is in the ground.
Training and outreach
Damage data should direct stakeholder training to the excavators, locators, and facility owners involved in the most damages.
Enforcement with consequences
PHMSA reviews each state's excavation damage prevention enforcement program annually. Adequate programs have a designated enforcement authority, penalties sufficient to deter noncompliance, reliable reporting of damages, and investigation practices that identify responsible parties.
49 CFR Part 198, Subpart DExperience behind the view
Built in the field and at the regulator.
At PHMSA, David Appelbaum served as subject matter expert on excavation damage prevention guidance and national policy, managed the federal enforcement adequacy program, and conducted more than 350 evaluations of state damage prevention enforcement programs. Over more than 12 years at PHMSA, he also supervised more than 500 investigations and evaluated more than 60 state pipeline safety programs.
He has provided written feedback and testimony on state legislative proposals, served on the board of the California one-call center (USA North 811), and was Founding President of the Distribution Public Awareness Council.
Engagement
How Clearpath helps
Clearpath works with the agencies, centers, and organizations that make up a one-call system to strengthen programs and the laws that support them, aligned with CGA Best Practices and federal expectations.
What we deliver
- One-call notification program design and evaluation
- Stakeholder training
- Locate-and-mark compliance
Who we work with
State agencies
One-call centers
Legislators
Operators
Excavator groups
Strengthening a state program or one-call law?
Confidential initial consultations. Nationwide availability.