Code of Massachusetts Regulations
520 CMR - DEPARTMENT OF PUBLIC SAFETY
Title 520 CMR 14.00 - Excavation And Trench Safety (jackie's Law)
Section 14.04 - Protections for the General Public

Universal Citation: 520 MA Code of Regs 520.14

Current through Register 1531, September 27, 2024

(1) Generally. Wherever an unattended trench exists, the operation shall be secured in a safe manner and suitable protection for the general public shall be provided. The Excavator shall secure the unattended trench to prevent unauthorized entry when work is not in progress.

(2) Trenches on Public Ways. Access to unattended trenches opened during construction on a public way shall be restricted by covers or barriers.

(a) Where covers are used they shall be comprised of steel metal plates no less than % inch thick, or equivalent. Covers shall be placed over the trench. Such covers shall be level and physically secure to prevent the creation of a hazard by inadvertent movement.

(b) Where barriers are used they shall comply with the following provisions:
1. A continuous barrier not less than six feet in height shall surround the unattended trench.

2. All barriers shall be of adequate strength and shall be supported in a manner that will allow them to be seen by the motorist and provide a stable support not easily blown over by the wind or traffic.

3. Trench barriers adjacent to high speed traffic may include traffic control barrels ballasted by sandbags or temporary pre-cast concrete barriers as components.

4. Trench barriers comprised of multiple sections shall allow not more than four inches between each section. Adjacent sections must be securely fastened to each other.

5. Any openings between the ground and barrier shall not exceed four inches. Openings greater than four inches may be protected by solid guards of suitable materials, including plywood or wood planks.

6. Barriers shall be at a sufficient distance from the trench to be unaffected by changing conditions of the trench site.

(3) Trenches at Fixed Work Sites Other than on a Public Way. Access to unattended trenches opened during construction at a fixed work site on public or private property shall be restricted by covers or portable barriers.

(a) Where covers are used they shall be comprised of steel metal plates no less than % inch thick or equivalent. Covers shall be placed over trenches. Such covers shall be level and physically secure to prevent the creation of a hazard by inadvertent movement.

(b) Where portable protective barriers are used, barriers of a height not less than six feet shall be constructed surrounding the entire perimeter of the trench.
1. Barriers comprised of multiple sections may allow not more than four inches between each section. Adjacent sections must be securely fastened to each other.

2. Openings between the ground and fence shall not exceed four inches. Openings greater than four inches may be protected by solid guards or suitable materials, including plywood or wood planks.

3. Fence-type barriers shall be adequately secured by vertical support members. Fencing spaces shall not exceed four inches when measured as mesh size or between slats.

4. Solid barriers shall not contain holes or indentations larger than four inches.

5. All horizontal support members shall be located on the trench side of the barrier.

6. The wall of a dwelling or other permanent structure of a height of not less than six feet may serve as part of the barrier, provided it complies with all of the provisions of 520 CMR 14.04.

7. Gates and other means of egress must:
a. Comply with the size and strength provisions of 520 CMR 14.04(3)(b);

b. Be securely fastened to adjacent barrier components;

c. Allow not more than four inches between gates and barrier components; and

d. Be securely locked with a padlock, combination lock, or other suitable locking device.

8. Barriers must be clearly marked on all sides with signs indicating "Danger - Do Not Enter", "Authorized Personnel Only" or equivalent warning.

9. Barriers shall be placed at a sufficient distance from the trench to be unaffected by changing conditions of the trench site.

(4) The provisions of 520 CMR 14.04 may be substituted by continuous personal monitoring of the unattended trench by the permit holder or by person(s) under the control and direction of the permit holder.

(5) The provisions of 520 CMR 14.04 may be substituted by backfilling the work site while unattended.

(6) The permitting authority may require any additional, site-specific provisions it deems necessary to protect the general public as a condition to any permit issued.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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