MMA letter to Public Safety Committee supporting changes to trench safety law

Joint Committee on Public Safety and Homeland Security
State House, Boston

Dear Representative Naughton, Senator Timilty and Members of the Committee,

On behalf of the cities and towns of the Commonwealth, the Massachusetts Municipal Association would like to express support for H. 1560, An Act Relative to Administration of the Trench Safety Law.

We appreciate the commitment of the Legislature and the Governor to work with municipal officials to amend M.G.L. Chapter 82A. The trench safety law is a well-intentioned, but burdensome unfunded enforcement burden placed on the cities and towns of the Commonwealth. H. 1560 corrects this burden by ensuring that owners and /or excavators are liable for any cost or expenses associated with the enforcement of this law. The bill also permits a municipality or issuing authority to recover any enforcement expenses. They could do this in a civil action or by placing a lien against the property to collect those expenses.

The bill also states that a municipality or issuing authority will be not be held liable for any claims or injuries arising from non-compliance and the owner/excavator shall be responsible for complying with the law. Finally, the bill gives communities the tools to enforce the law by allowing municipalities or the issuing authorities, once a permit is issued, to enter a property for inspection and enforcement of the law.

The harsh recession is posing extraordinary challenges to state and local government that will last for many years. The trench safety law currently is imposing an undue and unnecessary burden on cities and towns in the Commonwealth. H. 1560 would relieve communities of this burden while providing them with the tools necessary to enforce the law.

We respectfully ask your Committee to support this important local government legislation and issue a favorable report. Please do not hesitate to contact MMA Senior Legislative Analyst Thomas Philbin at (617) 426-7272 if you have any questions.

Thank you very much.

Sincerely,
Geoffrey C. Beckwith
Executive Director, MMA