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Rhode Island is under federal OSHA jurisdiction which covers most private sector workers within the state. State and local government workers are not covered by federal OSHA.
Underground utilities
Under Rhode Island law, no person, public agency, or public utility may engage in excavation near a public utility facility without first giving notice to an association of operators of underground public utility facilities of their intent to excavate. The association will then notify the operators so that they can locate and mark their underground facilities (i.e., gas, water, electric, cable television, telephone, and sewers) to prevent damage, interruption of service, or injury to excavation workers. The state notice of excavation rules are found at R.I. Gen. Laws §§ 39-1.2-1 through 39-1.2-14.
Model local ordinance for soil erosion and sediment control
The purpose of this model ordinance is to address the situation where excessive quantities of soil are eroding from certain areas that are undergoing development for non-agricultural uses such as housing developments, industrial areas, recreational facilities, and roads.
The model ordinance is applicable to:
- Excavations for improvements which exhibit all the following characteristics:
- Does not result in a total displacement of more than 50 cubic yards of material;
- Has no slopes steeper than 10 vertical in 100 foot horizontal or approximately 10 percent; and
- Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation.
- Grading, as a maintenance measure, or for landscaping purposes on existing developed land parcels or lots; provided, that all bare surface is immediately seeded, sodded or otherwise protected from erosive actions, and all the following conditions are met:
- The aggregate area of activity does not exceed 2,000 square feet; and
- The change of elevation does not exceed two feet at any point; and
- The grading does not involve a quantity of fill greater than 18 cubic yards; except where fill is excavated from another portion of the same parcel and the quantity does not exceed 50 cubic yards.
- Grading, filling, removal, or excavation activities and operations undertaken by a city or town under the direction and supervision of the director of public works for work on streets, roads, or rights-of-ways dedicated to public use; provided, that:
- Adequate and acceptable erosion and sediment controls are used, in engineering plans and specifications, and employed.
- Appropriate controls apply during construction as well as after the completion of these activities.
- All work must be undertaken in accordance with the performance principles provided for in Article V, Section 1(c) of the model ordinance and the standards and definitions that may be adopted to implement the performance principles.
Using steel plates to cover roadway excavations The director of the Department of Transportation has established rules and regulations for the use of steel plates on roadway surfaces to protect an excavation. At a minimum, the steel plates must:
- Withstand traffic loading without movement;
- When two or more steel plates are used, the plates must be welded in a manner to eliminate vertical movement;
- Be marked with the utility or contractor name and contact information;
- Be installed to extend a minimum of 18 inches beyond the edge of the excavation;
- Be installed with temporary paving with a cold asphalt mix or installation of other suitably manufactured equipment to feather the edges of the plate to form a wedged taper to cover the edges of the steel plate;
- Be marked in each corner with durable and highly reflective white pavement marking tape no less than four inches in width;
- Be slip resistant when required by the DPW director or other appropriate municipal approval authority; and
- Have signage in compliance with the current edition of the Manual on Uniform Traffic Control Devices advising motorists of the steel plate.
The director of the department may authorize use of steel plates on roadway surfaces that fail to comply with the above requirements in an emergency situation or for public safety purposes.
Related information
Citations
Rhode Island: R.I. Gen. Laws §§ 39-1.2-1 through 39-1.2-14; § 45-46-5(b); § 24-8-45
Federal: 29 CFR 1926.650; 1926.651; 1926.652