§ 12-130

Md. Code, Public Utilities § 12-130, under Article — Public Utilities.

Md. Code, Public Utilities § 12-130

(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.