Investigating Alleged Line Damage
Mike Miller, Murray Rossini – not board certified
The Miller Law Firm
Always consult a lawyer for legal advice
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We were asked to provide a short presentation
on some techniques for investigating alleged
line damage.
In the following presentation, our focus is on
suggestions to help investigate alleged line
damage and to preserve the information
gathered, not on legal concepts and we give no
legal advice herein.
The individual company should adapt this
information as it sees fit and proper.
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The excavator shall notify a notification center
not earlier than the 14th day before excavation
is to begin or later than the 48th hour before the
time the excavation is to begin. Tex.Util.Code
sec. 251.151(a).
“Excavate” is defined as disturbing the soil to a
depth of 16 or more inches. Tex.Util.Code sec.
251.002(5).
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The One Call Law generally requires the
underground utility operator to mark the
approximate location of its underground
facilities not later than 48 hours after the
excavator’s notice [excluding Saturdays,
Sunday’s and legal holidays].
The underground utility operator shall notify
the excavator of its plans to not mark.
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After line contact or damage, stop work. Contact One
Call immediately and notify the appropriate person
at your company.
Use the company incident form and carefully fill it
out.
Visit the scene as soon as possible.
List all eyewitnesses by name, address and phone
number if possible including excavator and utilities
employees.
Note the date and time of incident, weather, contract
being worked on and type of work taking place.
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In the report, provide a narrative of how the
damage occurred, and describe the damage and
photograph, videotape, and measure any
markings/flags or other locate marks.
Take photos and make a sketch.
In appropriate cases, a survey may be desirable.
If a survey is desired, the survey should be
performed as soon as possible to record the
original marks and their distance from the utility.
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Make sketches large.
Make sketches clear; include information relevant
to the investigation.
Include measurements.
Print legibly.
Indicate directions, North, South, East and West.
Always put in measurements from two permanent
axis points, for example, telephone poles, roads, or
buildings.
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Use sketches to show the measured distance of
any markings or flags to the line at issue.
Use sketches and photos to show the measured
depth of the affected line from the surface.
A sketch can be used to show where photos
and/or videos were take and the direction the
photographer was pointing.
Graph paper may be helpful.
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Take photos of the incident along the line of damage in both
directions showing marks, flags, paint or absence of such locate
indications.
Photographs of any marks should be made with a tape measure,
marked rod or ruler, showing distances between the line and any
marks, paint or flags and between any marks, paint or flags.
Photos or videos may be taken before excavation if desired.
Mark on the sketch the location, direction photographer is
pointing and reason the photos or video were taken (i.e., the photo
is taken pointing North to show flags are 3 feet to the west of the
line)
Turn in all photos or video to the appropriate person.
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In any video it may be helpful to make a narrative of the
date, time, location, job, and direction the videographer is
walking.
If possible, take video or pictures of the repair process.
In the investigation file, it may be helpful to keep the
relevant locate requests, all locate responses, the photos,
video, sketches, and investigation reports.
If applicable, you may seek any photos or reports of thirdparties of the scene before or after the alleged damage.
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