Updated underground damage prevention law impacts Ohio's green industry

From ONLA:

The latest regulatory news for Ohio’s green industry pertains to Ohio’s updated underground damage prevention law.  On December 20, 2012, during the “lame duck” session, Gov. Kasich signed House Bill 458 into law. The new legislation, which becomes effective March 27, 2013, was influenced by the recommendations of the Ohio Underground Damage Prevention Coalition (OUDPC), of which ONLA was an active participant. The new legislation makes changes to Ohio Revised Code 3781.25-32 and 153.64.

What does this mean for the green industry?
While the full text of the law can be downloaded and reviewed at www.onla.org, there are five primary areas that may impact green industry businesses in Ohio.

1.     Pre-Marking in White:  The excavator is required to pre-mark the approximate excavation location in WHITE. (Excavators should pre-mark sites prior to contacting a protection service.) Four exemptions to this rule:

·         If the utility can determine the precise excavation site (location, size, etc.) by referring to the notification provided by the protection service.

·         If the excavator and the affected utility have had an on-site, preconstruction meeting for the purpose of pre-marking the site.

·         If the excavation replaces a pole that is within five feet of the location of an existing pole.

·         If pre-marking by the excavator interferes with pedestrian or vehicle traffic control.

2.     Universal Marking Standards:  Previously, not all underground facilities were marked in consistent manners or colors and variations existed from municipality to municipality. Moving forward, all underground facilities must be marked in accordance to the Ohio universal marking standards on record with the Ohio utilities protection service. 

3.     Positive Response: To close a communications gap, the new legislation implements an automated system by which a utility communicates to the excavator the presence or absence of conflict between the existing underground facilities and the proposed excavation site. (The utility must respond to the one-call center; the excavator can request an update or check status online.)

4.     Limited Basis Participants: Previously, Ohio’s one-call system was not truly “one-call.” The center would contact each “fully-participatory utility,” and give a list of the “limited basis utility participants” to the excavator to contact directly. Beginning July 1, 2013, each protection service shall notify limited basis participants, rather than refer their info to the excavator.

5.     Excavator Training:  Excavators are required to obtain training in the protection of underground utility facilities. (This requirement is vague and the State acknowledges it is working on language to better define parameters.)

“Preventing unintentional damage to underground utilities should be top-of-mind to green industry contractors engaged in excavation,” states Jennifer Gray, associate director for the Ohio Nursery & Landscape Association. “The changes to the law were sought to simplify and make uniform the processes involved with underground utility markings, create a true state-wide ‘one-call’ system, and facilitate better communication and cooperation between contractors, utilities, and property owners.

Myriad issues and concerns from all key stakeholders in the OUDPC may not have created a plan that satisfied all parties. However, contractors, utilities, and property owners might all agree that better collaboration negating the need to determine who is responsible for what damage is a worthy goal.

Download FAQs, factsheets, and more information about this issue from the ONLA website at http://www.onla.org/index.cfm/fuseaction/articles.detail/articleID/30/index.htm.

Questions about OUPS may be directed to www.oups.org.