What did change was that the new MDPC is a Mississippi nonprofit corporation with an elected board of directors. The board is made up of the following stakeholder groups and representatives:

Mississippi Rural Water – Kevin Hand
Mississippi 811 – Sam Johnson
Natural Gas Distribution – John McDill
Transportation – Mark McConnell
Insurance – Virginia Reames
Electric Power Industry – David Schoggen
Railroads – Roger Bell
Liquid Transmission – Al Davis
Cable Television – John Hilbert
Excavation Contractors – Mike Phillips
Telecommunications – Mike McCall
Utility Locators – Bo Womack
Natural Gas Transmission – Jay Street
Public Service Commission – Mark McCarver
County Agencies – Derrick Surrette
Municipal Agencies – George Lewis

It was unanimously agreed that the Mississippi Damage Prevention Summit would become the annual conference for the group, and that one of the quarterly board meetings would be held at the location of the Summit.

There will committee assignments given to address the issues such as awareness training and education, upcoming legislative initiatives, and other assignments as the board sees fit. If you are interested in working with the council or want to learn more about the MDPC and its goals, go to www.msdamageprevention.com.

According to Mark McConnell, MDOT Assistant Chief Engineer, Operational Maintenance/Field Operations and Roadeo Coordinator, the competition is another way of advancing employees’ skills in their careers.

“There are six categories in which contestants compete for statewide titles,” McConnell said. “The categories are Lowboy Truck and Trailer, Single Axle Dump Truck with Utility Trailer, Backhoe, Tandem Axle Dump Truck, Motor Patrol, and Tractor/Bushhog.” McConnell said the district Roadeos are an exciting event for everyone, and the operators participating take the event seriously.

“Over the last couple of years, operators have shown a true interest in demonstrating their skills and practicing extreme safety measures while engaging in the competition,” Mississippi Department of Transportation Executive Director, Larry L. “Butch” Brown said. “This event is a real challenge for the operators, which requires a great deal of concentration, proficiency, and skill.”

John McDill, Co-Chair of the committee, welcomed the more than 70 attendees and gave a brief history of the organization. He then gave a legislative update from the recent legislative session. HB 1198 has been signed into law and includes the following provisions:

Language was added to the definition of an operator in Section 1(g) to state that “the term ‘operator’ shall not include any railroad or the Mississippi Department of Transportation.”

It should be noted that the language in Section 1 (g) in no way exempts either entity from the responsibility of calling before they dig as outlined in the current provisions of the law.

Section 2 was also amended in recognition of those operators who have unlocatable facility and are required to excavate to expose it. The amendment requires that the operator must notify the excavator “in writing or by telephone or electronic means that it can locate its underground utility lines or underground facilities in the excavation area only by excavation. If an operator can locate its underground utility lines or underground facilities in the excavation area only by excavation and has given proper notice of such, that operator shall be allowed a reasonable amount of additional time, not to exceed two (2) additional working days, to mark the approximate location of the underground utility lines or underground facilities.”

There was considerable discussion as to how this amendment would work and whether or not it was placing undue burden on the excavator especially if not notified in a timely fashion that the locate could not be performed in the regular two working days. This issue will be monitored to determine any weaknesses in the language for future consideration.

Another amendment to the law was the addition of Section 3. This section states that “any operator, who suffers damages as a result of not participating as a member of Mississippi 811, Inc., waives the right to recover damages to the operator’s underground facilities from the excavator if the excavator complied with the provisions of this chapter. The provisions of this section shall not apply to any municipality, as defined in Section 17-1-1 that owns or operates a utility.”

Following the legislative update, there was discussion about the need to create a formal board of directors for the committee. In addition to the board, by-laws would be created to ensure that members and stakeholders could understand their roles in keeping Mississippi a safer place to live and work.

The nine elements of a stronger damage prevention program clearly points out other unresolved issues that will have to be addressed. Issues such as white lining, positive response, and effective enforcement will provide an opportunity for stakeholders in Mississippi to present their unique perspectives so as to create a program that is both measurable and effective for our state.

To learn more about the mission and vision of the MDPC, the next meeting date, or to look at HB1198 in its entirety, go to www.msdamageprevention.com.

Frankly, we already understand and endorse the principle in our society. It’s not the fine that causes us to drive within the speed limit; rather it is the threat of the fine. If it were not in place, I dare say most would be driving much faster than they do today. And in addition to the threat of the fine, speed limit signs, billboards, and other advertising avenues remind us to drive safely. The patrol cars are seen along the roadsides. All of these have been put into place because it is expected that there be a behavioral change to all who drive on our state or county roads and even city streets. They don’t want to fine us; they want us to slow down. If we slow down, then the law is working. Fines are for folks who simply won’t change their behaviors.

All citizens are responsible for knowing the speed limits and will be held accountable for violating the rule. That doesn’t seem unreasonable to me even though a few times in my life, I’ve suffered the consequences of breaking the rule. Still, I’m not against such laws even though there are fines associated with them. Neither are the elected officials in the counties and cities across the state. They know such laws are a deterrent to undesirable behavior and the right thing to do.

And it’s because enforcement has a crucial role to play in the criminal and civil justice systems and in a modern, democratic society; there must be ways to enforce rules. Imagine if there were no way to collect property taxes, child support debts or enforce road traffic laws such as speeding or driving under the influence. People ordered to pay a court judgment, civil penalties, and compensation awards, or to comply with the terms of a community sentence, have little or no incentive to do so if they know there is no effective means of enforcing it. Unless there is prompt and effective enforcement, the authority of the courts, the effectiveness of penalties and public confidence in the justice system are all undermined.

Laws that state what the expected behavior is, but does not state what will happen to one whose behaviors will not change will not be effective. Effective enforcement is not now, nor has ever been about fines. As a matter of fact, fines are always a last resort. Effective enforcement is about changing behaviors. Behavioral change comes about as the result of education first and foremost.

The model of effective enforcement has already been adopted and embraced by our elected officials. It seems only logical and reasonable that stakeholders charged with looking out for the best interests of the citizens of Mississippi while protecting our underground infrastructure would find a way to develop a similar standard. We must create a document by consensus that would protect those who are doing it right, educate all involved so that the desired behavior is known, and finally hold accountable those who simply refuse to act in the best interest of our communities and families. It should be a lot easier than it will be, but those who are committed to protecting our families and our infrastructure will find a way to make it happen. And it will not be achieved by going around or over someone. It will be achieved by working with other professionals who recognize what is at stake.

Building on the considerable progress and goodwill that has been achieved through working closely with all stakeholders, the MDPC intends to address this very critical issue in 2010. The Committee hopes to build consensus for a document that embraces a mechanism for a fair and consistent approach promoting accountability in working around underground facilities. It aims to improve existing good practices, raise the level of professionalism across the whole industry, and increase awareness of all stakeholders’ responsibilities.

We’ll report on the progress achieved throughout the coming year. We invite those of you who would like to become more involved in protecting our communities for generations to come to be a part of this vital work. Contact us at www.msdamageprevention.com and let us know you want to join the campaign.

We look forward to working with you.