1. (a)

   1. (1) This section applies to a primary contractor that:

      1. (i) performs the excavation duties for the duration of a ticket;
      2. (ii) initiates the notification to the one-call system to establish a ticket;
      3. (iii) is on site to supervise all activities and employees; and
      4. (iv) intends to utilize services or equipment of a temporary excavator.
   2. (2) For purposes of this section, a primary contractor does not include a private homeowner that intends to hire a temporary excavator.

2. (b) A primary contractor:

   1. (1) shall:

      1. (i) notify the one-call system when a temporary excavator is to begin work under the ticket;
      2. (ii) inform the temporary excavator of the exact scope of work as detailed on the existing ticket;
      3. (iii) directly supervise the on-site activities of the temporary excavator; and
      4. (iv) assume all liability if damage should occur to an underground facility by any person named as a temporary excavator on the existing ticket; and
   2. (2) may name only one temporary excavator for the duration of the ticket.

3. (c)

   1. (1) A temporary excavator may be:

      1. (i) a piece of rental equipment and its operator;
      2. (ii) an excavation contractor that is not an employee of the primary contractor; or
      3. (iii) an equipment operator that is not a direct employee of the primary contractor.
   2. (2) The designated temporary excavator shall notify the one-call system with the associated ticket number to verify that the excavator has been hired to work for the primary contractor.

Added by Acts 2021, c. 18, § 1, eff. March 13, 2021.