Sec. 53. (a) This section applies to a construction, an improvement, or a maintenance project that requires creation of a trench of at least five (5) feet in depth.
(b) OSHA regulations, 29 C.F.R. 1926, Subpart P, for trench safety systems shall be incorporated into the contract documents for a public works project.
(c) The contract documents for a public works project must provide that the cost for trench safety systems shall be paid for:
(1) as a separate pay item; or
(2) in the pay item of the principal work with which the safety systems are associated.
As added by P.L.18-1990, SEC.218.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 23. Indiana Department of Transportation
Chapter 9. State Highway Contracts; General Powers
8-23-9-0.1. Application of Certain Amendments to Chapter
8-23-9-1. Opening of Sealed Bids
8-23-9-2. Rejection of Proposals
8-23-9-3. Lowest and Best Bidder; Letting of Contract; Determination
8-23-9-4. Acceptance of Proposals; Criteria
8-23-9-5. Construction and Maintenance When No Satisfactory Proposal Received
8-23-9-6. Spending Limit When No Satisfactory Proposal Received
8-23-9-7. Adoption of Rules Governing Purchases of Material and Equipment
8-23-9-8. Bid Guarantee and Performance Bond Requirements
8-23-9-9. Bid Guarantee and Performance Bond Amounts
8-23-9-10. Performance Bonds; Deposit; Reinsurance; Statements of Amounts Due
8-23-9-11. Actions on Performance Bonds
8-23-9-12. Performance Bond Form
8-23-9-14. Partial Payments; Authorization
8-23-9-16. Acceptance of Completed Work; Relief of Contractor's Liability
8-23-9-17. Withdrawal and Payment of Retained Percentages
8-23-9-18. Final Payments; Disputes
8-23-9-21. Contract Form; Approval
8-23-9-23. Residency Requirement for Unskilled Laborers
8-23-9-24. Survey Monuments; Procedure Upon Removal or Burial
8-23-9-25. Nonperformance or Abandonment of Contracts; Completion of Work; Costs and Expenses
8-23-9-26. Claims Against Contractors; Filing With Department
8-23-9-27. Claims Against Contractors; Mailing of Copies
8-23-9-28. Claims Against Contractors; Retaining Amount of Claim
8-23-9-29. Claims Against Contractors; Allowance or Rejection
8-23-9-30. Claims Against Contractors; Notice of Rejection; Commencement of Actions
8-23-9-31. Claims Against Contractors; Payment of Amount Adjudged Due
8-23-9-32. Claims Against Contractors; Failure to File Certificate
8-23-9-33. Claims Against Contractors; Additional Remedy
8-23-9-34. Claims Against Contractors; Filing of Actions
8-23-9-35. Claims Against Contractors; Mailing or Publication of Notice
8-23-9-36. Claims Against Contractors; Certificates of Filing of Actions
8-23-9-37. Claims Against Contractors; Retention of Security for Protection of Claimant
8-23-9-38. Claims Against Contractors; Failure to File Action and Certificate
8-23-9-39. Claims Against Contractors; Additional Proceedings
8-23-9-40. Railroad Crossings; Separation of Grades
8-23-9-41. Railroad Crossings; Separation of Grades; Rights, Powers, and Duties of Parties Involved
8-23-9-42. Railroad Crossings; Separation of Grades; Payment of Costs
8-23-9-43. Railroad Crossings; Separation of Grades; Multiple Railroads; Payment of Costs
8-23-9-44. Railroad Crossings; Separation of Grades; Maintenance
8-23-9-45. Railroad Crossings; Improvement and Maintenance
8-23-9-46. Railroad Crossings; Width of Improvements
8-23-9-47. Railroad Crossings; Election by Railroad Companies to Make or Pay for Improvements
8-23-9-48. Tearing Up and Disturbing Highways; Permit; Unauthorized Signs and Markers; Violations
8-23-9-49. Approaches and Drainage Structures; Construction; Private Facilities
8-23-9-50. Use of Prison Labor in Preparation and Manufacturing of Road Materials
8-23-9-51. Drains, Culverts, and Bridges; Bridge Construction Contracts
8-23-9-52. Contracts Specifying Borrow or Clearing and Grubbing; Standards
8-23-9-53. Trench Safety Systems; Costs
8-23-9-54. State Highway Fund; Creation and Management
8-23-9-55. Use of State Highway Fund
8-23-9-57. Cooperation With Federal and Other States' Officials
8-23-9-59. Application of Ic 5-22-16.5 to Award of Contracts Under Article