Best Practices Version 17.0

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Chapter 7

7.1 Public and Enforcement Education

A: Public Education

Practice Statement:

Public education programs are used to promote compliance.

Practice Description:

A single entity is charged to promote comprehensive and appropriate programs to educate all stakeholders about the existence and content of the damage prevention laws and regulations. This is not meant to discourage individual stakeholders from providing educational programs.

Reference:

  • New York: “Each one call notification system shall perform the following duties:…(b) Conduct a continuing program to: (1) Inform excavators of the one call notification system’s existence and purpose and their responsibility to notify the one call notification system of proposed excavation and demolition and to protect underground facilities. (2) Inform operators of the responsibility to participate in the one call notification system, to respond to a notice relating to a proposed excavation and demolition, and to designate and mark facilities according to the provisions of this Part.” New York Code, 16 NYCRR Part 753, § 753-5.3(b)(1)-(2)

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B: Enforcement Education

Practice Statement:

Mandatory education is considered as an alternative or supplement to penalties for offenders of the damage prevention laws and regulations.

Practice Description:

When a violation of the damage prevention laws or regulations has occurred, mandatory education is an effective alternative or supplement to civil penalties. Mandatory education as an enforcement tool promotes compliance with damage prevention laws and regulations.

References:

  • Arizona: “When a notice of violation (NOV) is issued, the following may be followed: 1. First Time Offenders: A. May be given a warning letter and Item C below...C. Given the opportunity to attend Blue Stake Training Course provided by the Arizona Corporation Commission’s Pipeline Safety Section.” Arizona Corporation Commission policy, “Notice of Violation,” § 1(A) and (C)
  • New Hampshire: “Any excavator or operator who does not comply with RSA 374:51-54 shall be required on first offense to go through either a Dig Safe training program or be subject to a civil penalty...” New Hampshire Code, RSA 374, § 374:55(VIII)

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