Section 1230-01-03-.03 - EXERCISE OF REASONABLE CARE IN EXCAVATION PRACTICES(1) An excavator shall exercise reasonable care to avoid damage caused by an excavation or demolition within the safety zone.(2) In the exercise of reasonable care, an excavator shall take actions, which shall include, but are not limited to: (a) Planning excavation or demolition to avoid damage to and minimize interference with underground utilities in and near the excavation area;(b) Maintaining a clearance between the underground utility and the cutting edge or point of any mechanized equipment, taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such utility;(c) Providing such support and protection for underground utilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such utilities; and(d) Installing each utility, regardless of the use or material, with sufficient clearance to permit the maintenance of existing utilities and to protect against damage to existing utilities.(3) In performing trenchless excavation or boring, reasonable care shall include, but is not limited to:(a) Visually inspecting the planned excavation path for structures indicating the presence of underground utilities;(b) When possible, contacting utility company directly and review maps or drawings to verify underground utility locations;(c) Reviewing surface markings and compare to other information to identify any unmarked or mis-marked utility;(d) Hand digging test holes or "pothole" and use other safety precautions to identify the location and depth of utilities in the drill path; and(e) Drilling at a pace that is slow enough to permit tracking device(s) to detect drill line deflections or large obstructions.(4) The Board further adopts the best practices for excavation as stated in Common Ground Alliance, Best Practices: The Definitive Guide for Underground Safety and Damage Prevention, Ch. 5, Excavation, and Appx. D (Ver. 17.0, March 2020), as may be amended from time to time, and incorporates such standards as if stated herein verbatim; provided, however, that the Common Ground Alliance Best Practices shall be read in conjunction with Tennessee law and United States law. Where the Common Ground Alliance Best Practices conflicts with state or federal law, the state or federal law shall serve as the controlling authority.Tenn. Comp. R. & Regs. 1230-01-03-.03
New rules filed June 8, 2021; effective 9/6/2021.Authority: T.C.A. §§ 65-31-108, 65-31-110, and 65-31-115(a)(1).
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