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§ 33.274. Administration.
(a) Notice of new excavation. No excavation shall be started by any person, association or corporation unless and until notice is given to the Bureau of Inspection of the Department on prescribed forms, except as provided in this section. These forms shall be sent in duplicate to the Department and another copy shall be posted at the construction site. Forms may be obtained upon request from the Board, Room 1408, Labor and Industry Building, Harrisburg, Pennsylvania. Any firm, the majority of whose revenue is not obtained from contracting or construction, which digs or orders dug by its own employes more than 200 excavations in any one year, need not give such notice if the following requirements are met:
(1) The firm files a form applying for exemption from the notice provision and on such form designates one or more individuals to act as inspectors for the firm, which individuals will inspect and be given, by the firm, primary authority to effect compliance with this subchapter in all excavations in their predetermined localities dug or ordered dug by the firm. The inspector shall be either a licensed engineer of the Commonwealth, a member of the American Society of Safety Engineers, or an individual with at least 5 years of experience in the area of excavations. The exemption form shall contain the names and experience of all proposed inspectors and the localities they propose to oversee, the plan of operation of inspectors and plan of inspection of the firm, the specifications for shoring of the firm, and items as the Department may require to carry out the intent of this subchapter.
(2) The firm shall keep on file within this Commonwealth daily work location information on excavations which will be available to representatives of the Department at all normal working times.
(3) The firm shall report to the Department all disabling injuries occurring within excavations, which it has dug or ordered by its own employes within 24 hours after the disabling injury on forms prescribed by the Department. The exemption of this section may be suspended or revoked for any violation of this subchapter after hearing by the Board. This suspension of revocation may be appealed in accordance with the provisions of the Administrative Agency Law (71 P. S. § § 1710.11710.21) (Repealed).
(b) Reporting cave-ins. Any cave-in of any excavation in the Commonwealth shall be immediately reported, by telephone or telegraph, to the nearest office of the Bureau of Inspection of the Department. This report shall be made by the person supervising the work or by any employe or officer of the firm hired to perform the work or performing the work.
(c) Accidents. After an accident has occurred in any excavation in the Commonwealth, the excavation, shaft, or cut shall not be covered or altered with the exception of removal of injured persons, until an inspector of the Department has visited the scene of the accident. However, alteration is permitted when express permission is received from the Department or when public safety is involved in such a serious hazard as escaping gas, a water main break or impending collapse of an open street or footpath.
(d) Additional regulations. All applicable, municipal or local acts, codes, rules, regulations, and ordinances not inconsistent with this subchapter governing any and all phases of excavation work shall be observed at all times.
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