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Maine operates an OSHA-approved State Plan covering only state and local government workers. The state plan generally follows but is not necessarily identical to federal OSHA standards. Private sector employers and their workers are covered by federal OSHA.
Underground facilities
Maine’s underground facility damage prevention rules (CMR 65-407-895) implement the provisions of the state’s underground facility damage prevention statute contained in 23 M.R.S.A. 3360-A. The rules establish the responsibilities of excavators to give notice of proposed excavations to the State’s Dig Safe System so that the system can notify affected member operators of underground facilities to locate and mark their facilities to prevent damage, interruption of service, or injury to excavation workers.
Public highways in municipalities
It is unlawful for any person or persons, firm, corporation or bridge or water district, having the right of opening or making excavations within the driveways of public highways in a municipality, to leave open any trench or excavation of a greater length than 200 feet, except by permission of the officer granting such permit.
The trench must be fully and completely filled up to the surface of the roadway before making any further trench or excavation. The filling must be puddled or rammed as the nature of the soil may require and must be done and completed within the time designated in the permit for completing the trench or excavation.
These requirements may not apply to excavations in grading, building or repairing any of the public highways under the supervision of the municipal authorities. The paving on either side of the opening must be protected by the use of sheet piling or such other means as will prevent the escape of sand from underneath it.
Related information
Citations
Maine: 23 M.R.S. 3360-A; 23 M.R.S. § 3355; CMR 65-407-895
Federal: 29 CFR 1926.650; 1926.651; 1926.652