Code of Massachusetts Regulations
520 CMR - DEPARTMENT OF PUBLIC SAFETY
Title 520 CMR 14.00 - Excavation And Trench Safety (jackie's Law)
Section 14.02 - Definitions

Emergency. An unforeseen condition in which the safety of the public is in imminent danger because of a threat to life or health or where immediate correction is required to maintain or restore essential public utility service.

Excavator. Any entity including, but not limited to, a person, partnership, joint venture, trust, corporation, association, public utility, company or state or local government body or public agency which performs excavation operations including the excavation of trenches.

General Public. All natural persons not engaged in construction activities at a trench site.

Permit Holder. The excavator who is responsible for acquiring a permit from the Permitting Authority.

Permitting Authority. A city, town, or public agency required to administer the provisions of 520 CMR 14.03.

Public Agency. A department, agency, board, commission, authority, or other instrumentality of the commonwealth.

Serious Injury. A personal injury that results in death, dismemberment, significant disfigurement, permanent loss of the use of a body organ, member, function, or system, a compound fracture, or other significant injury that requires immediate admission and overnight hospitalization and observation by a licensed physician.

Trench. An excavation which is narrow in relation to its length, made below the surface ground in excess of three feet below grade and the depth of which is, in general, greater than the width, but the width of the trench, as measured at the bottom, is no greater than 15 feet.

Unattended Trench. A trench where neither the, excavator, or any of the people who are engaged in construction activities at the trench, are present.