Md. Code, PUC § 12-130

Current with changes from the 2024 Legislative Session
Section 12-130 - Duties of primary contractor
(a)
(1) This section applies to a primary contractor that:
(i) performs the excavation duties for the duration of a ticket;
(ii) initiates the notification to the one-call system to establish a ticket;
(iii) is on site to supervise all activities and employees; and
(iv) intends to utilize services or equipment of a temporary excavator.
(2) For purposes of this section, a primary contractor does not include a private homeowner that intends to hire a temporary excavator.
(b) A primary contractor:
(1) shall:
(i) notify the one-call system when a temporary excavator is to begin work under the ticket;
(ii) inform the temporary excavator of the exact scope of work as detailed on the existing ticket;
(iii) directly supervise the on-site activities of the temporary excavator; and
(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) may name only one temporary excavator for the duration of the ticket.
(c)
(1) A temporary excavator may be:
(i) a piece of rental equipment and its operator;
(ii) an excavation contractor that is not an employee of the primary contractor; or
(iii) an equipment operator that is not a direct employee of the primary contractor.
(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.

Md. Code, PUC § 12-130