Excavation and trenching - West Virginia

West Virginia 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

West Virginia has a one-call system to protect underground facilities (utilities) from damage and interruption of service. Excavators must make prior notification of proposed excavations to the one-call system so that private and public owners of underground facilities or their locating contractors can come out and mark the excavation site. The rules for the one-call system are found in W. Va. Code §§ 24C-1-1 through 24C-1-11.

Duty to fill excavations

It is the duty of all pipeline companies whose lines have been laid across or along any state or county-district road for the purpose of transporting natural gas, oils, water, or any other substance, to fill up all excavations and to make the road in all respects as good as it was before the excavation was made, and to keep it in like good condition, and, when any such line has been laid along any road on the right-of-way and constitutes an obstruction to the traveling public, to relay or remove the same.

Repair of excavations charged against owner or occupant

If excavations are not properly filled and maintained within 10 days after the service of a notice upon the owner, occupant, company or corporation to do so, the state or county will cause the repairs to the excavation be made as necessary to place the excavation in its original condition. The expense incurred will be charged against such owner, occupant, company, or corporation.

Excavations near boundaries

No owner or tenant of any land containing coal may open or sink, or dig, excavate or work in, any coal mine or shaft on such land, within five feet of the line dividing the land from that of another person, without the consent in writing of every person interested in, or having title to, the adjoining lands.

Microtrenching permitted

A person may perform microtrenching to deploy broadband network cables to the extent allowed by a permit issued by the appropriate municipality, county or state agency. Microtrenching uses a cutting wheel to cut a trench with smaller dimensions than can be achieved with conventional trench digging equipment; with the trench dimensions being no greater than three inches in width, and a depth between one and two feet. All microtrenching work performed must be in accordance with the National Electrical Safety Code and other generally accepted safety codes.