Features

It’s not always the contractor’s fault

“I’m a Damage Prevention Specialist (DPS) for the New Mexico Public Regulatory Commission,” said Sefie Anaya. “My role includes educating those who dig in New Mexico about the importance of digging safely. We have an excavation law that defines our expectations, and we want everyone to be work within the scope of the law.”

Three years ago, the PRC in partnership with New Mexico One Call and other stakeholders established a plan for enforcing their excavation law and for reducing damages to their vital underground infrastructure. The plan included the establishment of the DPS position for which Sefie was hired.

Sefie said, “Our law requires reporting all third party damages. We had documentation that the overwhelming majority of third party damages were ‘no locate request’. So a plan was developed to reduce this category of damages.”

The plan includes that when damage occurs, a letter is sent to the responsible party outlining the seriousness of the violation. Additionally, it requires that the company or excavator attend a compliance conference with the PRC. At this meeting, details of the damage and the investigation are discussed. The compliance conference stipulates approved education in lieu of fines, and a change in behavior with regard to complying with the excavation law.

The training consists of a 45 minute class designed to make the employees of the company aware of the law, benefits of working together, and the importance of digging safely. Sefie said, “Typically we meet with all the employees of the company for the 45 minute class. We pass out our handbook to each employee, and tell them what we are trying to prevent. In the past three years, we have held approximately 100 classes with an average attendance of 40.”

During an average day for Sefie, he will stop at a job site to see if there is a locate request. He may be there because of a damage, someone called him with a concern, or he didn’t see any paint on the ground while driving by.

“Sometimes, I just stop by as a courtesy,” he said with a grin. “If I stop and they are doing it right, it makes my day. Usually, I’ll give them a handbook, yard stick, or a key chain and thank them for working with us to keep New Mexico a safer place to live and work. Sometimes when we stop, we’ll find someone in violation of the excavation law. When that happens, we’ll issue a citation and shut down the job site until a valid ticket is issued for the project.”

“It’s kind of funny though,” he said. “If we happen to stop in a city and visit with an excavator, the grapevine lets everybody know we are in town. Likely at the second or third stop we’ll hear from one of them ‘I heard you were in town.’ And that’s ok with me. We just want folks to dig safe.”

Damages as the result of “no locate request” have dropped significantly during the past three years. Some have indicated the decrease approaches 20 percent. Not surprisingly, there is an increase in damages due to violation of the 18-inch rule and mismarking of utility lines. So what that means is that the PRC will now focus even more on these violations.

“It’s not always the contractor’s fault when damages occur. One of the things Chairman Jones (see related article) has stressed over and over is that we’ve all got to work together on the job site. Contractors have a very difficult job and helping to ensure that the lines are located properly makes their job easier,” said Sefie.

“Sometimes when I’m on a job site, I’ll ask the frustrated excavator, ‘have you talked to your locator?’ I’d invite them in for a cup of coffee and talk about the job. The utility operators and locators could very well be their best friend.”

All of the training sessions are not the direct result of a violation or damage. Sometimes Sefie will get a call requesting training as part of the company’s commitment to safety. Sefie says, “We’ll work with any group to provide approved training and at the requesting party’s convenience.”

In addition to the DPS position, there are six pipeline inspectors who have the authority to issue citations for violations of the excavation law.

When asked about his relationship with New Mexico One Call, Sefie related, “I view them as a great partner in providing damage prevention resources and training. We both work hard to ensure that everybody gets to go home safe to their families every night. It’s a huge responsibility, but there is a lot at stake.”

“What do I do now?” was what the excavator asked Sefie after the 24” high pressure gas line had been hit. Sefie asked the man, “Do you have a wife and kids?” He replied, “Yes.” “Then call them up and tell them you’re coming home tonight.”

And that’s a storybook ending to any day.