Ohio Utilities Protection Service 2015 Safety Presentation

Objectives O.U.P.S. Excavator Responsibilities Utility Owner Responsibilities The Marks Types of Excavation Activities Things to Remember

The History of Damage Prevention in Ohio 1972 - Ohio Utilities Protection Service opens 1972 thru 1982 - The years of the honorary system 1982 - Public Improvement Law – ORC 153.64 1990 - Call-Before-You-Dig Law – ORC 3781.25-32 2013 - House Bill 458 Updates Ohio’s excavation laws 2014 – House Bill 378 provides Enforcement for Ohio’s Excavation laws

Ohio Utilities Protection Service is the call before you dig notification center for the state of Ohio. O.U.P.S. is the communication link between those who own and operate underground utility facilities and those with a desire to excavate.

If we had X-Ray Vision I

I-DIG/GRID: www.ohioonecall.org Urban Utilities OUPS: www.oups.org

100 Years Later

Not Respecting the Marks

Middletown, OH 2006 – Home Explosion

Lima 2008 - Tuttle Construction Explosion

Girard, OH – House Explosion 2008

Cleveland OH – House Explosion 2011

Fairborn, OH 2011 – Home Explosion

Incidental Contact

I-DIG/GRID: www.ohioonecall.org Lancaster, Ohio August 1992 OUPS: www.oups.org

I-DIG/GRID: www.ohioonecall.org Pipe Section Thrown From Explosion Site in Background OUPS: www.oups.org

I-DIG/GRID: www.ohioonecall.org Remains of Spotter OUPS: www.oups.org

I-DIG/GRID: www.ohioonecall.org Remains of Operator OUPS: www.oups.org

Safety is 24x7 at Work and at Home

O.U.P.S. 40+ years old Not-For-Profit Free Service 24/7 - 365 days a year Protection Service – O.U.P.S. does not mark lines OGPUPS – Ohio Oil & Gas Producers Underground Protection Service - 1-614-715-2984

Excavator Responsibilities Definition of an Excavation “…penetrate or bore or drill into the earth…” ORC 3781.25(I) – Excavator Manual Page 4 Each Excavator Must Have Their Own Ticket “…the person or persons responsible for making the actual excavation” ORC 3781.25(K) Plan Your Work Locate Work Order – Excavator Manual Page 9 Premark in White - Excavator Manual Page 13 Click, Call or Tap the App – Excavator Manual Page 8 “…before commencing excavation the excavator shall notify a protection service...” ORC 3781.28(A)

Excavator Responsibilities Cont. Verify – Listen Closely to our CSR Ticket Number Your Compliance verification. Keep it! You’ll need it! We Notify Our Members but Not All Utilities Are Members With O.U.P.S. Wait 48 Hours Before You Begin Excavation “… but not more than 10 working days before commencing excavation...” ORC 3781.28(A) Check Positive Response – Excavator Manual Page 11 Excavator has an obligation to check positive response 800-445-3894 Perform Site Assessment Dig With Care

O.U.P.S. Contact Information Call 811 Call 800-362-2764 O.U.P.S. Mobile App www.oups.org Remote Ticket Entry i-dig e-dig

Facility Owner Responsibilities Member of a Protection Service “Each utility that owns or operates underground utility facilities shall participate in and register the location of its underground utility facilities with a Protection Service” ORC Sec. 3781.26 Mark the Approximate Location of their buried facilities Within 48 Hours of receiving a Notice of Excavation Within 10 Days of receiving a Notice for Design information OR provide drawings drawn accurately to scale Provide Positive Response

The Marks Marking Standards – “All underground facilities shall be marked in accordance with the Ohio universal marking standards…” ORC 3781.29(2)(C) – Excavator Manual Page 12 Color Code - Excavator Manual Page 12 Tolerance Zone “…the site of the underground utility facility including the width of the underground utility facility plus eighteen inches on each side of the facility.” ORC 3781.25(E) – Excavator Manual Page 26 Faded Or Marks That Are No Longer Visible

Tolerance Zone Ohio law requires that the excavator observe the tolerance zone during excavation… - Excavator Manual Page 26

Color Codes Red Electric power lines, power conduits, lighting cables, and other energized wires, such as traffic signals Orange Telecommunication lines, fiber optic cables, alarm or signal lines, cable TV or conduits Yellow Natural gas, oil, steam, liquid petroleum, or other gaseous or flammable material Green Sewers and drain lines Blue Drinking / potable water Purple Reclaimed water, irrigation, and slurry lines Pink Temporary survey markings White Proposed excavation

Ohio’s Universal Marking Standards

Other Types of Excavation Activities Emergencies- Excavator Manual Page 6 Design Facility Owners Have 10 Working Days To Respond Use of Trenchless Technologies – Excavator Manual Page 5 When Utilizing Trenchless Excavation Methods, The Excavator Must Comply With The Following Requirements: Expose all underground utility facilities at each crossing point to the installation depth of the new facility. Expose all parallel facilities at the beginning and end. If in the tolerance zone, facility shall be exposed every 100 ft. Maintain the proper clearances of existing facilities.

Other Types of Excavation Activities Continued Large Project A large project is one that may progress over an extended period of time and/or be complex in size/scope and work type Process: Excavator calls O.U.P.S. to request a large project/joint meet ticket Excavator and facility owner/representatives meet A mutually agreed upon marking schedule is created Excavator calls O.U.P.S. with project excavation tickets in accordance with mutually agreed upon marking schedule Locator marks underground facilities as project excavation tickets are received Excavation begins

Things To Remember Contact O.U.P.S. 48 hours before you dig Check Positive Response Preserve And Protect The Marks Don’t Work Off Someone Else’s Ticket Not All Utilities Are Registered With O.U.P.S. Utilities May Not Run In A Straight Line Do Not Assume Depth Report All Damages

Enforcement of Ohio’s Excavation Laws Senate Bill 378

Background of Senate Bill 378 Senate Bill 378 and House Bill 359 introduced in October 2014 Senate Bill 378 passed by House and Senate in December 2014 Senate Bill 378 signed by Governor Kasich on December 19, 2014

What is Senate Bill 378? Senate Bill 378 provides for the enforcement of Ohio’s underground damage prevention laws Enforcement will begin January 1, 2016

What will be enforced? Most sections of Ohio’s damage prevention law will be enforced… 153.64; divisions (A) and (B) of 3781.26; sections 3781.27 and 3781.28 to 3781.32; Chapter 4913 SB 378 will only determine whether or not a compliance failure of one of these sections has occurred – any liability related to a damage must be determined within a court of law

How will the enforcement process work? Complaint driven process “Aggrieved party” may file request for inquiry with the PUCO within 90 days PUCO will notify the alleged responsible party and gather information PUCO will forward all information to the Underground Technical Committee (UTC)

What is the UTC? A group of 17 industry experts tasked with reviewing all reported compliance violations Representatives will be appointed by the state legislature and Governor The purpose of the UTC is to provide industry knowledge and insight during the review of reported violations

What is primary function of the UTC? The UTC is tasked with reviewing all reports submitted to them by the PUCO and determining whether or not a compliance failure occurred The PUCO must enforce all recommendations of the UTC

What are the fines/penalties for non-compliance? 1st time violations – training/education requirement, fine of up to $2500 or combination of both 2nd time violations – training/education requirement, fine of up to $5000 or combination of both “Persistent Noncomplier” – PUCO may impose fine of up to $10000

What if I disagree with the finding of the UTC? The aggrieved party or the alleged responsible party may file for reconsideration with the PUCO within 30 days If a reconsideration is filed, the PUCO will review the finding of the UTC and may hold a hearing PUCO will affirm, reject or modify finding

How will the enforcement process be funded? All utilities, commercial excavators, developers and designers who participate in the one-call system will pay an annual registration fee not to exceed $50 to the PUCO

What happens to the monies collected as a result of the fines? All fines collected will be deposited into the underground facilities protection fund and used solely to fund grants for underground utility damage prevention education awareness programs

What Can I Do to Protect Myself? Whether you are the designer, excavator, or facility owner it is always make sure the task is complete, perform a site assessment and document.

Utilities Council of Northern Ohio Northern Ohio Utility Damage Prevention Council Easter Ohio Utilities Council Central Ohio Utilities Damage Prevention Council Miami Valley Utility Damage Prevention Council Southwest Ohio UTILITY Safety Council

Additional Resources… Visit www.oups.org for valuable resources Senate Bill 378 FAQs Enforcement Process Flow Chart

Questions Walt Pegram Public Awareness / Services Coordinator 1-800-311-3692, ext. 4902 330-720-5237 Cell WaltP@oups.org

Certifications EPA Certified for (1) CEU hour for water and wastewater employees – OEPA-B294884-X Personal Development Hours (PDH) for surveyors and engineers Excavator Training (ORC 3781.261) Walt Pegram Public Awareness / Services Coordinator Cell: 330-720-5237 E-mail: waltp@oups.org