6.1 Massachusetts Dig Safe Law (MGL c. 82 §§ 40–40E, 220 CMR 99.00): Premarking & Notice

Why the hoisting exam includes Dig Safe

The hoisting regulation builds Dig Safe in directly:

• 230 CMR 6.08(2)(c)18: before any excavation, the operator meets all Dig Safe obligations under MGL c. 82 §§ 40–40E and 220 CMR 99.00, notifies any other utility not covered by those laws, and obtains the Dig Safe permit number, start date and time.
• 230 CMR 6.09(5)(a) repeats the rule for excavating machines, backhoes and loaders.
• 220 CMR 99.00 is one of the regulations adopted in 230 CMR 6.01(3). MGL c. 82 § 40 and c. 164 § 76D are part of every Class 1 CE curriculum. OPSI's education page points candidates to Dig Safe's laws and education pages.
• Failing to comply with 230 CMR 6.00 is a ground for license discipline (230 CMR 6.12(1)(g)).

The statute and regulation, section by section

What counts as "excavation"

MGL c. 82 § 40 defines excavation as "an operation for the purpose of movement or removal of earth, rock or the materials in the ground including, but not limited to, digging, blasting, augering, backfilling, test boring, drilling, pile driving, grading, plowing in, hammering, pulling in, jacking in, trenching, tunneling and demolition of structures." An excavator is any entity that performs excavation, including a person, company, public utility, or state or local government body.

For a crane operator, the definition reaches pile driving, drilling and augering (4B work), demolition, and any digging or grading done to prepare a crane pad. Setting up outriggers on the surface is not listed as excavation. Ground hazards beneath a setup are handled by OSHA 1926.1402: the controlling entity must tell the operator about voids, tanks and utilities beneath the setup area that it knows about (Section 7.2).

Step 1: premark in white (§ 40A; 220 CMR 99.03)

• Premark means to delineate the general scope of the excavation or boring with white paint on paved surfaces or white stakes or other suitable white markings on unpaved surfaces.
• The excavator premarks before giving notice, and premarks not more than 500 feet of the proposed excavation per notice.
• Pink may replace white where white marks could interfere with traffic or pedestrian control or be hard to see, but the excavator must tell Dig Safe so the ticket shows pink was used.
• Premarks are not acceptable if they could reasonably interfere with traffic or pedestrian control or mislead the public.
• Premarking is not required for a continuous excavation over 500 feet in length.
• For guardrail or fence replacement, the existing guardrail or fence may serve as the premark if the ticket describes the area.
• A residential property owner is not fined for failing to premark on their own residential property (§ 40E).

Step 2: give notice to Dig Safe (§ 40A; 220 CMR 99.04)

• Notice goes to the Dig Safe Center (the "system") at least 72 hours, exclusive of Saturdays, Sundays and legal holidays, but not more than 30 days before the excavation begins.
• The notice includes an accurate description of the excavation location (city or town, street, nearest cross street, nearest building numbers, landmarks or pole numbers) and the scope of work, and states whether blasting is involved, with its date and location.
• Blasting needs 72 hours' notice, or 4 hours' notice for an unanticipated obstruction.
• Dig Safe can be reached at 811 or 1-888-DIG-SAFE (1-888-344-7233).

Counting the 72 hours

Only weekday hours that are not legal holidays count.

Step 3: wait for marks (§ 40B; 220 CMR 99.06)

• Each company (utility) marks its facilities within 72 hours (excluding Saturdays, Sundays and holidays) of the notice, or at an agreed time.
• Marks place the facility within the safety zone (the facility width plus not more than 18 inches on each side) and extend at least 15 feet beyond the premark (Section 6.2).
• A company with no facilities at the site must tell the excavator or otherwise indicate that none are present. Under 220 CMR 99.07(1), excavation may not begin within 72 hours of notification.

Step 4: work within the ticket's life (220 CMR 99.07(2))

A Dig Safe ticket is valid for 30 calendar days from the date of notification, as long as the markings remain clear and discernible. Work after 30 days needs a new notice. Marks that are lost before then must be re-marked (Section 6.2).

Emergencies (§§ 40, 40A; 220 CMR 99.05)

• Statute: an emergency is a condition where the safety of the public is in imminent danger, such as a threat to life or health, or where immediate correction is required to maintain or restore essential public utility service.
• 220 CMR 99.02: a sudden or unexpected occurrence involving a clear and imminent danger demanding immediate action to prevent or mitigate loss of or damage to life, health, property or essential public services, not including loss of business or profits.
• In an emergency, the excavator may start after taking all reasonable precautions and premarking the site, then notifies Dig Safe at the earliest practicable moment. Companies must mark within three hours of an emergency notice. An emergency never excuses the excavator from using all reasonable precautions, and further work beyond the premarked area after the emergency needs a standard notice.
• Claiming an emergency in bad faith is prohibited.

Utilities that Dig Safe does not notify

The § 40 definition of "company" covers gas, oil and petroleum pipelines, public utilities, cable TV, municipal traffic signal departments, municipal utilities supplying gas, electricity, telephone, communication or cable TV, and private water companies. Municipal water, sewer and drain departments are not on that list, so they may not get a Dig Safe notice. 230 CMR 6.08(2)(c)18 requires the hoisting operator to notify any other utility not covered by the Dig Safe law. In practice, call the town's water and sewer departments directly.

Penalties (§ 40E; § 40C)