Current with changes from the 2024 Legislative Session
Section 12-130 - Duties of primary contractor(a)(1) This section applies to a primary contractor that: (i) performs the excavation duties for the duration of a ticket;(ii) initiates the notification to the one-call system to establish a ticket;(iii) is on site to supervise all activities and employees; and(iv) intends to utilize services or equipment of a temporary excavator.(2) For purposes of this section, a primary contractor does not include a private homeowner that intends to hire a temporary excavator.(b) A primary contractor:(1) shall: (i) notify the one-call system when a temporary excavator is to begin work under the ticket;(ii) inform the temporary excavator of the exact scope of work as detailed on the existing ticket;(iii) directly supervise the on-site activities of the temporary excavator; and(iv) assume all liability if damage should occur to an underground facility by any person named as a temporary excavator on the existing ticket; and(2) may name only one temporary excavator for the duration of the ticket.(c)(1) A temporary excavator may be:(i) a piece of rental equipment and its operator;(ii) an excavation contractor that is not an employee of the primary contractor; or(iii) an equipment operator that is not a direct employee of the primary contractor.(2) The designated temporary excavator shall notify the one-call system with the associated ticket number to verify that the excavator has been hired to work for the primary contractor.