Page 9 - AL811 2022 issue 4

Alabama’s Underground Damage Prevention legislation has been enacted since 1994. Over
the years there have been amendments to strengthen and improve the damage prevention program in our state. We will focus on some of the key terms and sections to ensure a thorough understanding of underground damage prevention as outlined in Alabama state law.
In the last edition of Alabama 811 magazine, we focused on precautions to take to avoid damage. In this edition, we thought it would be good to focus on what is required if a damage should occur. As this edition discusses cross boring, the potential for damage is a large concern. If a damage should happen, what are you required to do?
37-15-2(6) defines a damage as including but not limited to, the substantial weakening of a structure or lateral support of an underground facility, penetration or destruction
of any underground facility’s protective coating, housing or other protective device, and the severance (partial
or complete) of any underground facility but does not apply to any operator’s abandoned underground facility. So, a facility does not have to be severed completely or show obvious damage to be considered such. There are inherent risks with minor damage as well which are always a concern to weaken the underground facility structure to a point that an emergency situation could arise days, months or even years down the line.
37-15-2 (17) refers to a Near Miss which is defined as an event where damage did not occur, but a clear potential for damage was identified.
The main section addressing what to do in case of a damage is 37-15-9 entitled “Excavation or Demolition Damage”. The statute does require that anyone responsible for a damage must, immediately upon discovering the damage, must notify the operator or
the 811 center of the damage and allow the facility
owner reasonable time to make necessary repairs
before completing the excavation or demolition in the immediate area of the damage. If the damage should result in escaping flammable, corrosive, explosive or toxic liquids or gas, a report must be made to not only the facility operator or the 811 center but also the person is REQUIRED to notify appropriate emergency responders. After notification, the person should take all reasonable
action to protect the people, and property to minimize any safety hazards until emergency responders and the facility operator arrives on the site.
Facility owners are also required, annually, to report all damage and near misses experienced for the previous calendar year to Alabama 811 no later than March 31st of the following year. Not only should the excavator report it at the time of the occurrence, but facility owners are required to maintain those records and report them as data gathering for damages/near misses that occur annually. This annual reporting allows for data to be gathered for further analysis as to the cause and effect of damages/near misses and helps to shape more comprehensive education and legislative programs.
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egislative Corner
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2022, Issue 4
Alabama 811 • 7