Page 11 - West Virginia

changes are proposed. The benefits
are obvious. Getting consensus early
in the process certainly improves the chances for success. The last place
you want to learn that a stakeholder group is opposed to the proposal is at the Capitol. It has been my privilege
to interact with a wide range of stakeholder groups, and I think it is unlikely you’ll find one that objects
to the concept of safety for their employees and members of their communities. So, why the difficulty in getting meaningful legislation passed? I believe for the most part, we focused so much on getting legislation passed that we forgot to rebuild the foundation of mutual respect, trust, and partnership that has eroded over a long period of time. In some cases, we just don’t like one another. We aren’t exactly clear on why we don’t, we just know we don’t.
Many of the stakeholder groups
have been ignored or left out of conversations for years and the degree of difficulty when trying to get them to the table again has increased significantly. But it can and must be done, not just to be in compliance with whatever the new federal or state guidelines will be, but because it is in
the best interest of our citizens and communities.
So, what is the leading driver for change to Dig Laws today? Not to
take away from the drivers already mentioned, but as I talk to stakeholder groups across the country since the passage of the Infrastructure Bill,
the topic that comes up consistently
is how to manage workloads due to unprecedented broadband network expansion projects anticipated to take place simultaneously across all states over the next 3-5 years. The frustrations are exacerbated because of the billions of dollars granted to states to place
the fiber, and none was allocated to protect existing underground facilities. While there is a clear financial impact to all owners/operators, for a smaller utility it is disastrous. Perhaps it’s
the fear of the unknown, however, if utility locators struggle to keep up with today’s workloads, bringing in multiple subcontractors to meet unreasonable timelines will cause damages to trend in the wrong direction.
Since many, if not most, state Dig Laws can’t provide relief to its members or locators, several municipalities and counties have enacted permitting
processes not designed to generate revenue, but designed to slow the excavation process down to meet the local utility’s ability to locate their underground facility. Many of these permitting processes are unsustainable with current timelines for spending grant money. As a result of what is happening at the local level and what could happen at the state level without written rules or regulations, many states are looking to create new ticket types such as a large project ticket or looking for ways to manage workloads by creating additional and enforceable laws designed to encourage excavators from calling in for renewals when work has been completed. Additionally, others are looking to require new contractors to go through state-specific Dig Law training prior to working in their state.
The progress toward public safety and the protection of underground utilities we’re looking for is likely beyond the regulations we’ll enact, but until we embody the principles of mutual trust, respect, and learning to work together as a team of excavators, locators, and utility owners/operators we will need the rule of Dig Law to direct our efforts.
This article is used by permission from Excavation Safety Magazine.
2024, Issue 3 West Virginia 811 • 9