Department of Public Service

Underground Damage Prevention



The Commission take seriously its responsibility enforcing regulations for the protection of underground facilities known as Part 753 or Code Rule 53 and more commonly referred to as 811, Call Before You Dig, or Dig Safely.

NYS has two One Call Notification Centers covering the state. Excavators are to provide notice of intent to excavate by contacting the appropriate One Call Notification Center:

For Bronx, Kings, New York, Kings, Richmond, Queens, Nassau and Suffolk counties:
For all other Counties:
Recent Changes to Protection of Underground Facilities Law (General Business Law Article 36)
    Recent amendments General Business Law require certain excavators to be trained. This amendment went into affect on May 4, 2019. The new law generated many questions on the law should be implemented. The Commission answered some of these question in Case 18-M-0777 in an Order issued on May 1, 2019 but left some issues to be discussed through workshops. Click here to access that case and the May 1, 2019 Order.

    The law authorizes both One Call Notification Centers to be providers of training and education program. Excavator training is available online from Dig Safely New York's Certified Excavator Program (information below) or from New York 811 at https://newyork-811.litmos.com/self-signup/.

Certified Excavator Program:
    Dig Safely NY offers an Excavator Certification Program to all excavators in NYS. Excavators who have completed the Excavator Certification Program have demonstrated a fundamental understanding of the Best Practices that should be used for Safe Digging in accordance with the Common Ground Alliance Best Practices and Title 16 NYCRR Part 753 – Protection of Underground Facilities.

Enforcement:
Requests for Enforcement may be made to Safety@dps.ny.gov. Please provide as much detail as possible concerning possible violation. Be sure to include:
    • Date and location of possible violation
    • Detailed nature of the possible violation (including 16 NYCRR Cite if known)
    • Company Name and Address responsible for the possible violation
    • One Call ticket number, if applicable
    • Underground Facility(ies) damaged or placed at risk due a possible violation
    • Any evidence available to support the possible violation
    • A telephone number as means of contact for additional information.

Additional Information:
For a copy of the Part 753 click here

For listing Commission Part 753 Enforcement Proceedings click here

For Commission’s Order Clarifying One-Call System Notice Requirements in Case 05-M-0848 click here

For PHMSA's evaluation of New York State's Damage Prevention Program click here

2018 Department of Public Service Annual One-Call Notification System Report:

2018 DPS Report for Annual One-Call System Meetings.pdf2018 DPS Report for Annual One-Call System Meetings.pdf




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