What must an excavator do before digging in Washington State?
Before digging in Washington, the excavator marks the area in white and notifies the one-number locator service at least 2 business days ahead. It waits until every operator has marked or responded, keeps the marks accurate for 45 days, and reports any damage to the state within 45 days.
The duties, in the library's order
| Duty | Window and section | If missed |
|---|---|---|
| Mark the excavation area in white and notify every facility operator and pipeline company through the one-number locator service at least 2 full business days, and not more than 10, before the work-to-begin date | 2 business daysRCW 19.122.020(3), (12), (40), 19.122.030(1), (2), 19.122.031(1), 19.122.033(1), 19.122.070 | a breach of contractLapsed compliance |
| Do not excavate before the work-to-begin date, or until every known facility operator has marked its facilities and every operator in the notified area has given a positive response | none setRCW 19.122.020(11), (29), (31), 19.122.030(3)-(5), (7), 19.122.090(2), (3) | a breach of contractLapsed compliance |
| Keep the operators' marks accurate while excavating, and give a fresh notice before excavating after the marks expire 45 calendar days from the first notice | 45 daysRCW 19.122.030(6), 19.122.075 | a breach of contractLapsed compliance |
| Use reasonable care to avoid damaging underground facilities: find the precise location of marked facilities, plan the dig around them, support them, use safe and careful methods, and expose them before directional boring | none setRCW 19.122.020(26), (32), 19.122.040(2)-(4), 19.122.045, 19.122.070 | damages onlyLapsed compliance |
| Treat an underground facility that the bid or contract documents did not identify, or that was not located as the law requires, as a changed or differing site condition | none setRCW 19.122.040(1), (3), 19.122.030(7) | no penalty statedMissed claims |
| Stop excavating near an underground facility that was not identified, and notify its operator immediately through the one-number locator service | none setRCW 19.122.030(10), 19.122.070(1) | a breach of contractLapsed compliance |
| On contacting or damaging an underground facility, notify its operator directly if known and the one-number locator service, call 911 if the damage causes an emergency condition, and do not bury it until it is repaired or relocated | none setRCW 19.122.020(7), 19.122.050, 19.122.055(1), 19.122.070(1) | a breach of contractLapsed compliance |
| Report each damage event to the Utilities and Transportation Commission's office of pipeline safety within 45 days, on its damage information reporting tool form or a similar form with the listed details | 45 daysRCW 19.122.020(5), 19.122.053, 19.122.070(1) | a breach of contractLapsed compliance |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
Mark the excavation area in white and notify every facility operator and pipeline company through the one-number locator service at least 2 full business days, and not more than 10, before the work-to-begin date
RCW 19.122.020(3), (12), (40), 19.122.030(1), (2), 19.122.031(1), 19.122.033(1), 19.122.070 · 2 business days · a breach of contract
- The notice must give a work-to-begin date not less than 2 and not more than 10 full business days from the day notice is given, unless the excavator and the facility operators agree otherwise in writing (s 19.122.020(40), 19.122.030(1)(a), (2)).
- A general contractor or other third party may give the notice, but the excavator keeps every duty under the chapter (s 19.122.030(1)(c)).
- A violation carries a civil penalty of up to USD 1,000, and up to USD 5,000 for each later violation within 3 years (s 19.122.070(1)), or up to USD 25,000 for each violation that causes damage to a hazardous liquid or gas facility (s 19.122.055(1)).
Do not excavate before the work-to-begin date, or until every known facility operator has marked its facilities and every operator in the notified area has given a positive response
RCW 19.122.020(11), (29), (31), 19.122.030(3)-(5), (7), 19.122.090(2), (3) · none set · a breach of contract
- From 1 January 2026 an excavator may not start until it has received a positive response from every operator with underground facilities in the area named in the notice (s 19.122.030(5)).
- Marks are reasonably accurate if within 24 inches of both sides of the facility (s 19.122.020(31)).
Keep the operators' marks accurate while excavating, and give a fresh notice before excavating after the marks expire 45 calendar days from the first notice
RCW 19.122.030(6), 19.122.075 · 45 days · a breach of contract
- The marks expire 45 calendar days from the notice, and excavation after that date needs an additional notice under s 19.122.030(1) (s 19.122.030(6)(c)).
- That fresh notice needs its own lead time of at least 2 full business days (s 19.122.030(2)), so work continues without a gap only if it is given that far ahead of the expiry.
Use reasonable care to avoid damaging underground facilities: find the precise location of marked facilities, plan the dig around them, support them, use safe and careful methods, and expose them before directional boring
RCW 19.122.020(26), (32), 19.122.040(2)-(4), 19.122.045, 19.122.070 · none set · damages only
- Safe and careful work methods include potholing, hand digging when practical, vacuum excavation and pneumatic hand tools (s 19.122.020(32)), and on a hard surface may include pneumatic hand tools (s 19.122.040(2)(d)).
- A party whose failure to perform an obligation under the chapter causes damage is liable for any damages, and a contract clause that allocates that liability, or shifts it by indemnity, differently from the chapter is against public policy and unenforceable (s 19.122.040(3)).
Treat an underground facility that the bid or contract documents did not identify, or that was not located as the law requires, as a changed or differing site condition
RCW 19.122.040(1), (3), 19.122.030(7) · none set · no penalty stated
- A facility not identified as the chapter or other law requires, or not located by the project owner, the facility operator, or an excavator that is itself a facility operator, is deemed a changed or differing site condition (s 19.122.040(1)(a), (b)).
- The section sets no notice period or procedure, so any notice and time bar for the claim comes from the contract.
Stop excavating near an underground facility that was not identified, and notify its operator immediately through the one-number locator service
RCW 19.122.030(10), 19.122.070(1) · none set · a breach of contract
- The duty to cease excavating in the vicinity and notify immediately applies to a facility that was not identified (s 19.122.030(10)).
On contacting or damaging an underground facility, notify its operator directly if known and the one-number locator service, call 911 if the damage causes an emergency condition, and do not bury it until it is repaired or relocated
RCW 19.122.020(7), 19.122.050, 19.122.055(1), 19.122.070(1) · none set · a breach of contract
- The 911 call is required for any emergency condition, not only a gas or hazardous liquid release.
- An emergency is a condition that is a clear and present danger to life, health or property, or an unplanned utility outage that requires immediate action (s 19.122.020(7)).
Report each damage event to the Utilities and Transportation Commission's office of pipeline safety within 45 days, on its damage information reporting tool form or a similar form with the listed details
RCW 19.122.020(5), 19.122.053, 19.122.070(1) · 45 days · a breach of contract
- The report must give the 14 items in s 19.122.053(3)(a) to (n), including the excavation confirmation code if the locator service was notified.
- A nonpipeline facility operator, or its subcontractor, that strikes the operator's own facility while excavating for it need not report (s 19.122.053(2)).
What this page is, and is not
It is the section text this library holds for Washington State, read from the Revised Code of Washington and the Washington Administrative Code, among them chapter 39.12 RCW, chapter 60.04 RCW and chapter 19.122 RCW, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the statutes, the contract you signed and its specifications.
Demiton does not track jobs in Washington yet. These pages set out the duties the library holds for a Washington job, so you can check your own.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.