(a) (1) This section applies to a primary contractor that: (i) performs the excavation duties for the duration of a ticket; (ii) initiates the notification to the one-call system to establish a ticket; (iii) is on site to supervise all activities and employees; and (iv) intends to utilize services or equipment of a temporary excavator. (2) For purposes of this section, a primary contractor does not include a private homeowner that intends to hire a temporary excavator. (b) A primary contractor: (1) shall: (i) notify the one-call system when a temporary excavator is to begin work under the ticket; (ii) inform the temporary excavator of the exact scope of work as detailed on the existing ticket; (iii) directly supervise the on-site activities of the temporary excavator; and (iv) assume all liability if damage should occur to an underground facility by any person named as a temporary excavator on the existing ticket; and (2) may name only one temporary excavator for the duration of the ticket. (c) (1) A temporary excavator may be: (i) a piece of rental equipment and its operator; (ii) an excavation contractor that is not an employee of the primary contractor; or (iii) an equipment operator that is not a direct employee of the primary contractor. (2) The designated temporary excavator shall notify the one-call system with the associated ticket number to verify that the excavator has been hired to work for the primary contractor.
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