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Public Works, Energy & Utilities Trench safety rules take effect March 1
The regulations governing “Jackie’s Law” will be implemented and enforced beginning March 1.
Last November, the Department of Public Safety agreed to delay enforcement of the trench safety rules in order to give municipalities additional time to comply.
A working group convened by the MMA and the Department of Public Safety met on Jan. 15 to discuss strategies to ensure that cities and towns are ready to enforce the rules by March 1.
In the meantime, the group will be meeting to discuss improvements to both the regulations and the statute (Ch. 82A).
Cities and towns are advised to act quickly to develop a process for issuing trench permits and to designate a permitting authority before March 1. Resources are available on the Department of Public Safety Web site (www.mass.gov/dps).
Jackie’s Law was passed following the death of 4-year-old Jaclyn Moore, who was buried when an unattended trench collapsed in a private backyard. The law applies to all subsurface excavations greater than 3 feet in depth with less than 15 feet between trench walls.
The regulations require municipalities to establish a permitting authority responsible for the issuance of required permits for all trenches and the enforcement of the state regulations, including a requirement that the public works department or local police detail backfill, barricade, or cover any unattended or unsafe trench.
Excavators must obtain such a permit prior to creating any trench. The new rules also spell out standards for securing an unattended trench. If an excavator fails to comply with the regulations, the municipality may revoke its permit and shut down the site, and the Department of Public Safety may impose a fine.
An “unattended trench” is defined as “a trench where neither the permit holder, excavator, or any of the people who work in or at the trench are present.” Trenches on both public and private property are covered by the law.
• Download Department of Public Safety's excavation and trench safety regulations fact sheet (44K PDF)
• Download Department of Public Safety's description of local trench permitting authorities (44K PDF)
• Link to complete information about trench safety regulations on Department of Public Safety Web site
Public Works, Energy & Utilities Trench safety rules take effect March 1
Trench safety rules take effect March 1
The regulations governing “Jackie’s Law” will be implemented and enforced beginning March 1.
Last November, the Department of Public Safety agreed to delay enforcement of the trench safety rules in order to give municipalities additional time to comply.
A working group convened by the MMA and the Department of Public Safety met on Jan. 15 to discuss strategies to ensure that cities and towns are ready to enforce the rules by March 1.
In the meantime, the group will be meeting to discuss improvements to both the regulations and the statute (Ch. 82A).
Cities and towns are advised to act quickly to develop a process for issuing trench permits and to designate a permitting authority before March 1. Resources are available on the Department of Public Safety Web site (www.mass.gov/dps).
Jackie’s Law was passed following the death of 4-year-old Jaclyn Moore, who was buried when an unattended trench collapsed in a private backyard. The law applies to all subsurface excavations greater than 3 feet in depth with less than 15 feet between trench walls.
The regulations require municipalities to establish a permitting authority responsible for the issuance of required permits for all trenches and the enforcement of the state regulations, including a requirement that the public works department or local police detail backfill, barricade, or cover any unattended or unsafe trench.
Excavators must obtain such a permit prior to creating any trench. The new rules also spell out standards for securing an unattended trench. If an excavator fails to comply with the regulations, the municipality may revoke its permit and shut down the site, and the Department of Public Safety may impose a fine.
An “unattended trench” is defined as “a trench where neither the permit holder, excavator, or any of the people who work in or at the trench are present.” Trenches on both public and private property are covered by the law.
• Download Department of Public Safety's excavation and trench safety regulations fact sheet (44K PDF)
• Download Department of Public Safety's description of local trench permitting authorities (44K PDF)
• Link to complete information about trench safety regulations on Department of Public Safety Web site
