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The 192nd General Court of the Commonwealth of Massachusetts

Section 3: Form of trench excavation permits; required statements

  Section 3. A permit to excavate a trench issued pursuant to this chapter may be in any form authorized by the local permitting authority, but shall include the following statements:

  (1) A trench shall not be excavated unless the requirements of sections 40 to 40D, inclusive, of chapter 82, and any accompanying regulations, have been met and this permit is invalid unless the requirements have been complied with by the excavator applying for the permit including, but not limited to, the establishment of a valid excavation number with the underground plant damage prevention system as provided in section 76D of chapter 164.

[ Clause (2) effective until July 18, 2021. For text effective July 18, 2021, see below.]

  (2) Trenches may pose a significant health and safety hazard. Pursuant to section 1 of chapter 82, an excavator shall not leave any open trench unattended without first making reasonable efforts to eliminate any recognized safety hazard that may exist as a result of leaving the open trench unattended. Excavators should consult regulations promulgated by the office of public safety and inspections of the division of professional licensure in order to familiarize themselves with the recognized safety hazards associated with excavations and open trenches and the procedures required or recommended by the department to eliminate safety hazards which may include covering, barricading or otherwise protecting open trenches from accidental entry.

[ Clause (2) as amended by 2021, 39, Sec. 41 effective July 18, 2021. See 2021, 39, Sec. 128. For text effective until July 18, 2021, 2021, see above.]

  (2) Trenches may pose a significant health and safety hazard. Pursuant to section 1 of chapter 82, an excavator shall not leave any open trench unattended without first making reasonable efforts to eliminate any recognized safety hazard that may exist as a result of leaving the open trench unattended. Excavators should consult regulations promulgated by the office of public safety and inspections of the division of occupational licensure in order to familiarize themselves with the recognized safety hazards associated with excavations and open trenches and the procedures required or recommended by the department to eliminate safety hazards which may include covering, barricading or otherwise protecting open trenches from accidental entry.

  (3) Persons engaging in any trenching operation shall familiarize themselves with the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations: 29 CFR 1926.650 et. seq., entitled Subpart P "Excavations''.

[ Clause (4) effective until July 18, 2021. For text effective July 18, 2021, see below.]

  (4) Excavators engaging in any trenching operation who utilize hoisting or other mechanical equipment subject to chapter 146 shall only employ individuals licensed to operate said equipment by the office of public safety and inspections of the division of professional licensure pursuant to said chapter 146 and this permit shall be presented to the licensed operator before excavation is commenced.

[ Clause (4) as amended by 2021, 39, Sec. 41 effective July 18, 2021. See 2021, 39, Sec. 128. For text effective until July 18, 2021, 2021, see above.]

  (4) Excavators engaging in any trenching operation who utilize hoisting or other mechanical equipment subject to chapter 146 shall only employ individuals licensed to operate said equipment by the office of public safety and inspections of the division of occupational licensure pursuant to said chapter 146 and this permit shall be presented to the licensed operator before excavation is commenced.

  (5) By applying for, accepting and signing this permit, the applicant hereby attests to the following: (i) that he has read and understands the regulations promulgated by the department of public safety with regard to construction related excavations and trench safety, (ii) that he has read and understands the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations: 29 CFR 1926.650 et. seq., entitled Subpart P "Excavations'', and (iii) that he is aware of and has, with regard to the proposed trench excavation on private property or proposed excavation of a city or town public way that forms the basis of his permit application, complied with the requirements of sections 40 to 40D, inclusive, of chapter 82 and with the requirements set forth in this chapter.

  (6) This permit shall be posted in plain view on the site of the trench.