A simple step to avoid death or big dollar damages when digging or excavating
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Pipelines are essential to our commerce and way of life, but they also can be deadly unless they are properly constructed and maintained by oil and gas companies. In fact, pipelines are ultra-hazardous because a single pipeline explosion can incinerate workers or bystanders and cause millions of dollars in property damage.
Two common sources of pipeline tragedies are negligence during construction of pipelines, and then excavation around pipelines once they are in service. This article covers excavation around pipelines and other utilities. Excavation near pipelines Excavation and construction around pipelines are the single largest cause of pipeline accidents. These excavation and construction activities include everything from municipal street repairs to your next door neighbor planting a tree in the back yard. The ‘811’ One-Call system Every state has one telephone number, called a ‘One-Call’ center, where members of the public and contractors should call before they dig or excavate. In most states One-Call is a non-profit organization sponsored by pipeline operators that excavators can call to find out the location of underground utility lines. These utilities can include oil, gas, water, sewer, telephone, electric and cable lines. You can access the Texas One-Call system by calling 811 or on the web at www.digtess.org. This is a great system, when it is used, because it prevents needless pipeline ruptures or damages to other utility lines caused by construction and digging. While each state has different rules, excavators must notify the One-Call system if they plan to use mechanical devices to dig at a depth greater than 16 inches. Typically, states require excavators to call One-Call no fewer than 48-hours (excluding weekends and holidays) and up to 14 working days before digging begins. The 48 hours gives operators time to mark the location of their pipelines so that an excavator can commence safe digging. When hiring contractors for your own real property, we recommend that you place in a written contract that it is the contractor’s requirement to inform One-Call and to give the pipeline or utility companies a minimum of 14 working days to mark their lines. Anytime a pipeline is damaged or ruptured there can be a terrible disaster, but the One-Call system can also help avoid damage to other utilities, like cable and telephone lines. Recently, my office called One-Call to identify some utility lines on our property. We were surprised to learn that a major fiber optic line runs underground on our property. The person sent to mark the line told us that a Houston fence company was removing an old fence and it caused major damage to a fiber optic line. Because the fence company had not called One-Call, it was on the hook for $900,000 in repair costs plus down-time expenses. That poor fence company’s experience is a good example of the serious consequences for ignoring the requirement of contacting One-Call before you dig. In addition to civil liability, 49 U.S.C. Section 60123, says that if an excavator knowingly and willfully digs before using the One-Call system and causes damage that results in death, serious bodily injury, damage to property of more than $50,000, damage to a pipeline and does not report it, or release of more than 50 barrels of product, the excavator can be fined and imprisoned for up to five years. Marking existing pipelines and utilities After One-Call is notified, it is up to the utility and pipeline owners to mark their lines. The American Public Works Association has defined color codes to identify existing pipelines and utilities using flags or temporary spray paint. The Common Ground Alliance, in the pipeline industry, has adopted these codes. The color white is used to mark the safe zone boundaries where excavation work can occur. In other words, if white flags were properly placed, an operator of heavy equipment could dig between them without worrying about hitting an existing utility. Flags that are colors other than white designate existing pipelines or utilities and should be carefully avoided. Plan Ahead Many people have experienced that construction or excavation projects can be rushed and seemingly last-minute. That is why it is very important to set the ground rules up front—for public safety and to avoid serious liability, plan ahead, notify One-Call and leave time for the pipelines and utilities to be marked. Painter Law Firm represents individuals and families who are injured or killed because of dangerous pipelines and utilities.  Robert Painter is an attorney and member of Painter Law Firm PLLC. Opinions expressed on Painter Law Firm are those of the author only and do not necessarily reflect those of Painter Law Firm. Opinions and comments do not establish an attorney-client relationship.
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