How to Prevent Miss Utility Ticket Abuse (Break-out Session on April 20, 2010)

After 15 years of active damage prevention programs in Virginia, ticket abuse still occurs. This abuse negatively impacts all stakeholders. During this session, stakeholders explored ways to prevent misuse of Emergency Tickets, Update Tickets, 3 Hour Notices, and Meeting Tickets. The attendees also discussed how inaccurate excavation descriptions, improper ticket scope, generic ticket descriptions, continuous recalling of completed excavation areas, incomplete markings, and erroneous responses to tickets can cause marking and excavation work delays and can lead to misunderstandings that may result in damages.

Issues:
Session attendees identified two main categories in which ticket abuse occurs.

• How excavators abuse the process:
     – Emergency Tickets (calling in Emergency tickets for normal type excavations)
     – Three Hr. Notices (using three hour notices as a quick remark)
     – Update Tickets (calling in the same ticket continuously, without ever performing an excavation)
     – Meeting Tickets (using meeting tickets to get marking prior to the 48 hour period for the purpose of excavating)
     – Ticket Size/ Scope (calling in a large area when the excavation area is significantly smaller)

• How locators abuse the Process:
     – Incomplete Markings (failing to mark the entire area as delineated on the ticket)
     – Improper use of Response Codes (placing a code on the system that is not reflective of the marking status of the ticket)

Additionally, attendees discussed the following topics at length.

• Excavators are legally obligated to call the notification prior to and provide the specific location of the proposed excavation. Requesting the entire property for building a small deck, planting a tree, or placing a single utility pole is not specific enough to meet this requirement.

• Locators, in response to an excavation area that is too large, will sometimes get agreements from field representatives to change the scope of work and mark what they believe to be the area of excavation based on those field conversations, even though they are legally obligated to mark the area delineated on the ticket.

• Technologies have been developed to reduce over-notification, reduce ticket size/scope and enhance documentation and field conditions, but are not widely used, even when it has been demonstrated that initial start up and implementation of technology solutions has been more than offset by gained efficiencies and lower overall operational costs.

• If ticket size and scope are going to continue to be modified in the field, perhaps the time has come for us to create a bilateral, full duplex positive response.

• Enforcement exists to address certain types of abuse, but is lacking for others, such as 3Hr. Notice abuse.

• Should enforcement actions ensue, and if so, does the current law address the specific concerns of the stakeholders?

Solutions:
• Staff will form a stakeholder work group to draft proposed legislation to address abuse of tickets.

• VUPS and Staff will draft criteria and procedures for VUPS’ reporting of ticket abuse and VUPS will initiate reporting.

• VUPS and Staff will draft language to inform callers of the correct purpose of ticket types and inform callers of VUPS’ reporting practices.

• Staff will investigate reported probable violations and take necessary enforcement actions.

• Staff will create an online reporting portal that transmits complaints of probable violations to the Division’s email inbox.

• Staff will revise DPA -1 form to better allow for reporting of a probable violation where there was no damage.

• VUPS will develop excavator ticket management software to allow bi-lateral communication.

• Staff will form a stakeholder group to develop a Best Practice for Operators to include language in their contracts to address proper use of Miss Utility tickets.