Page 6 - Tennessee 811 Magazine 2020 Issue 3

By Jason Kouba
Damage Prevention Liaison Tennessee811
The Locator’s Role in Enforcement
Since July of 2015, the State of Tennessee has had enforcement in the law allowing individuals to file a complaint through the Tennessee Public Utility Commission (TPUC) if they feel someone is in violation of the Underground Utility Damage Prevention Act. So, what
does this mean to the locating world?
I talked to a couple of individuals in the contract locating profession to see how enforcement affected them and
if they were seeing any noticeable improvement in damage prevention from excavators.
The first thing I asked was, “How are contract locate companies handling enforcement?” Jeff Smith with Heath Consultants said that – for the most part – their customers were the ones filing complaints when individuals were believed to be in violation of the law. Locators, as contractors, may not want to file a complaint that could cause an alleged violator to become upset with their utility client. It’s a safe move and may even be mandated by internal policy, but considering the important role that utility locators play in damage prevention, can the locating community make a bigger impact in enforcement?
I asked Jeff what the locating community can do to promote the success of state enforcement programs and his answer was simple, “be more involved.” Many locators may not know that they are able to file complaints just like a contractor, utility or homeowner can. Maybe they are not familiar with the process of filing a complaint or believe it may be too cumbersome. Another fear may be that the locators have to work with contractors day in and day out and don’t want to hurt relationships they may have spent years
building. While all these concerns are valid, if we want to make a difference in damage prevention, then we need to point out violations and get them corrected.
A locator is often the first person to respond to a job site after a locate request is submitted. This means that they may arrive and see a contractor working prior to the valid date and time on their dig ticket which could be justification for a complaint that could lead to a confirmed violation
of the dig law. Another potential violation that is often discovered by locators when responding to a ticket
is misrepresentation of a routine excavation as an emergency. Previously, there wasn’t much you could do as
a locator to keep these from being called in. Now with enforcement, a locator could file a complaint if they receive an emergency ticket and upon arrival determine that it does not meet the legal criteria of an emergency excavation, which Tennessee law defines as an immediate threat to life, health
or property, including restoration of services.
I also had the opportunity to talk
with Earl Bolin with USIC. Earl is
on the Underground Utility Damage Enforcement Board representing contract locators. I asked if he felt that having enforcement in Tennessee has had a positive impact in preventing damage to underground facilities
and how USIC was handling filing complaints. He says that they are determining the specifics of their process over time as the enforcement program develops, but for now they do file complaints – primarily for false emergencies. He also mentioned some other possible violations his folks
routinely see, like not white lining when required and digging before the valid dig time on a locate request.
One thing to keep in mind, complaints can be turned in by anyone and against anyone that is in violation of the dig law. This means that if a locate request is not responded to within 72 hours
as required by the law, a complaint may be filed against the locator for being in violation. Ultimately, it takes all parties involved doing the right things and working together to truly make a difference in reducing the number of damages to underground facilities because enforcement is there for accountability. It is not in place to point fingers and pass blame. If used correctly, I believe that enforcement can promote the awareness and use of safe digging practices through further educating contractors, utilities, locators and even homeowners on the current dig law and what responsibility each
of them carry on each and every excavation.
If you would like to have a Tennessee811 Liaison do some training on enforcement, filing a complaint, or simply brush up on the dig law and ticket entry policy, we are always available to do so. We’re currently offering remote training by Zoom and you can use our online scheduling
form (tinyurl.com/TN811-Training) to schedule a class.
Once again, thank you to the locators that are out there every day making a difference! Be safe!
If you would like to nominate a utility locator to be featured in our quarterly spotlight for making a difference in damage prevention, send an email to jkouba@tennessee811.com
4 • Tennessee811 2020, Issue 3