Massachusetts DPU Hosts Dig Safe Webinar with UCANE

On April 15, UCANE members attended a Webinar via ZOOM, put on by DPU’s Pipeline Safety Division. Through a joint effort between UCANE’s Executive Director Jeff Mahoney and DPU Pipeline Safety Director Rick Enright, the Webinar was exclusive to UCANE members and focused on DPU’s Dig Safe Program.

In addition to Pipeline Director Enright, Dig Safe Program Manager Kerry Morris and DPU Assistant General Counsel Janine Vargas participated in the Webinar. Manager Morris presented a very informative Power Point presentation covering all current Massachusetts Dig Safe Laws and Regulations. The format was flexible and Ms. Morris encouraged UCANE members to ask questions at any time during her presentation.

Topics ranged from the paint color required for pre-markouts, to renewal procedures for Dig Safe tickets, to how to submit Dig Safe Complaint Forms to DPU. Attorney Vargas emphasized the importance of contractors filing complaint forms in cases where the excavator feels they were not at fault, so that DPU has both sides of the story when reviewing complaints. She reviewed the kind of information that DPU looks for on the submittals, and she reviewed DPU’s procedures regarding Informal Reviews (currently done remotely) and Adjudicatory Hearings, and the difference between a Remedial Order and a Consent Order.

DPU acknowledged some COVID-caused delays in processing the complaint forms and issuing the NOPV’s (Notice of Probable Violations). As staffing levels slowly return to the office, they expect to reduce the backlog of NOPV’s well ahead of the 3-year time frame allowed between the damage incident and NOPV issuance. The review and discussion on the past several years’ statistics regarding Complaints, NOPV’s, and Penalties assessed, was quite informative.

As has historically been the case, DPU considers the marking out of, and the working around existing gas lines to be of highest priority for the Pipeline Safety Division, as well it should be for both utility owners and excavators. With total penalties being assessed exceeding $2 million during the last two years, there is no question that DPU is getting that point across.

Ms. Morris encouraged UCANE contractors to visit the Pipeline Safety Division’s website at https:// www.mass.gov/orgs/pipeline-safety-division. The site is the defining location for Dig Safe regulations, statutes, and statistics. All DPU contact information is on the site and an option to submit questions is available.

This Webinar was a unique opportunity to exchange information between UCANE members and the DPU. Many questions from the membership were posed and DPU addressed them all.

UCANE wants to thank Director Richard Enright, Manager Kerry Morris, and Counsel Janine Vargas for taking the time to participate in the webinar and we look forward to future collaborations to provide members with valuable information.

There is no doubt that safety around gas lines, and all other underground utilities, is of the highest importance and of mutual interest to both organizations.

We look forward to continuing the exchange of information and ideas with DPU in order to reduce pipeline damage incidents and to provide safer worksites for construction employees and for the

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