Page 10 - West Virginia

Drivers for Change to Dig Laws
By Roger Cox President ACTS Now, Inc.
Changes in Dig Laws have occurred since they were first enacted. These regulations were designed to create efficiencies in resources necessary
to fund the process of contacting underground utility owners and prevent damage to underground utilities during excavation activities. As programs matured, other considerations became key factors in driving changes to these same laws.
Likely, one of the early drivers of change to every Dig Law was related
to safety. Requiring membership in
the state’s 811 center was one of those safety related issues. It wasn’t an easy sell. Ask any of the old guards about
the difficulties of getting stakeholders
to agree to require membership in 811. Even though safety was the driver, status quo and politics were in the driver’s seat. But since those early battles, membership has become almost universally accepted across the United States, and if it is not required, most would say that state’s Dig Law is not fair and cannot be effective. Consequently, you can count on the one hand the number of states that do not require membership in 811. Furthermore, as
you look at the amendments to your state’s Dig Law, you will surely see other changes driven by safety to ensure proper procedures are followed to minimize risks to workers and the public.
Another key factor that has driven changes to the Dig Law is the advancement of technology. These laws were created more than 30
and 40+ years ago. They used paper maps, a Big Chief tablet, and a number 2 lead pencil to notify their members. A positive response was paint on the ground. Excavation
was open trenching. Advances in technology, such as improved mapping, geographic information systems
(GIS), underground utility locating techniques and the widespread use of Horizontal Directional Drilling (HDD) have raised awareness that changes may be necessary to incorporate new definitions and methods to ensure consistency and effectiveness in utility damage prevention efforts. The speed of excavation has increased tremendously because of this technology and the locating community struggles to catch up. What changes need to take place
to level the playing field in your state
because technology has surpassed your Dig Law?
Certainly, changes to the Dig Law have been driven by the need to update regulations to comply with federal mandates related to excavation safety and damage prevention. Many times, those changes have been coupled with enforcement mechanisms and penalties for non-compliance.
Obviously, changes in Dig Laws have been, and continue to be, driven by
a combination of safety imperatives, technological advancements, regulatory requirements (either state or federal), stakeholder feedback, and general
811 policy considerations aimed at protecting underground infrastructure and enhancing public safety during excavation activities. The consideration of how to provide this vital service to the membership with additional cost- effectiveness is equally important.
Perhaps nothing is more important than listening to stakeholders who
are impacted by these Dig Laws. Consequently, many states have formed committees made up of all identified stakeholders to discuss issues of concern before any legislative
8 • West Virginia 811 2024, Issue 3