September 15, 2011
By Terry Murphy CLP

Terry MurphyIf you have the misfortune to strike an underground utility, it will probably cost you some money. The cost could vary between two or three thousand dollars, or nothing if you’re lucky. Based on some of the actual cases which I have been involved with over the last 18 months, here are some tips that may help you minimize these costs, if you do hit a utility.

Immediate notification
You must call 911 and the appropriate utility immediately, so that all necessary safety emergency precautions are can be taken. Record the details of the accident in writing. This should help in any future legal proceedings. These could possibly take place with one to two years from the date the accident took place. Don’t put off obtaining and recording all the pertinent details now.

Complete reporting
We need to treat a utility strike just like a regular health and safety accident. Complete an accident investigation report with all associated details and due diligence. Make sure you have all the details, including photographs, maps or drawings and witnesses, in addition to your workers’ comments.

When repair costs of a mishap are invoiced from the Technical Standards and Safety Authority and the utility and the numbers are in dispute, the case may go to court. Since you will probably not remember all the details, protect yourself by getting photos of the site; locate markings, digging area, etc., at the time of the accident. Having a picture of the actual utility pipe location, conduit and ground conditions may help your defence.

Ground conditions and depth
Normally gas lines are 12 to 18 inches deep, depending on where they are installed. One contractor I know had a strike, because the gas line was only six inches deep. The gas utility understands these issues (ground shifting, frost, weather, etc.) and may negotiate its invoiced costs. If you don’t have a photo proving the line depth, it’s difficult to defend an event that happened two years ago. If it is addressed immediately and the invoice is negotiated at the time of the strike, your costs will be lower than discussing it two years after the event.

Incorrect locates
Sometimes the actual utility locate markings are wrong. If this is the case, you need to ensure that you have a photo, drawing, or witness to prove it. The information also needs to immediately be communicated in writing to the utility. In this case, your costs should be waived. But, you must be able to prove that the locates were actually incorrect.

No locates: If you dig without locates, which happens about 50 per cent of the time, you are wasting your time trying to get the invoices waived. It is your responsibility, and the law, to get locates.

Generally in an accident, the faster you obtain medical attention, the lower the medical costs and the quicker the cure. The same is true with a utility hit. The faster you act, the lower your costs. Acting immediately with all the appropriate documentation (accident report, site drawings, photos, etc.) will go a long way to minimize your costs to repair a damaged utility line.
Please send your comments, suggestions and ideas to tvmurphy@ca.inter.net.