This article was featured in the December 2025 edition of the Utility Contractors Association of New England, Inc.’s Construction Outlook.
In November of 2025, the Massachusetts Department of Public Utilities (“DPU”) announced that it “received another perfect score from the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) for its pipeline safety oversight program in 2024.” The DPU’s Pipeline Safety Division is “dedicated to the safety and integrity of intrastate pipelines in Massachusetts.” The DPU touted this as “the third consecutive year” that its Pipeline Safety Division “has received a perfect score for the enforcement and implementation of federal pipeline safety standards.”
According to the DPU, the performance of its Pipeline Safety Division “has improved dramatically since the Merrimack Valley Incident.” Under current leadership, DPU stated that its Pipeline Safety Division “has led a transformative shift in educating and enforcing the laws.” Indeed, DPU is pursuing “rigorous enforcement” in order to ensure compliance with applicable safety laws. The DPU announced that its Pipeline Safety Division “has stepped up, increased its staff, and is ever focused on core safety operations.” In fact, with an increase of more than 300% in recent years, DPU’s staff now includes three attorneys and 20 engineers. This robust focus on safety and enforcement has also resulted in an “increased field presence” as well as a “reduction in damages.”
DPU takes its role with respect to safety and enforcement seriously. With this latest recognition for DPU’s enforcement efforts, contractors should expect that DPU will continue to “rigorously enforce” applicable requirements. Contractors must therefore be vigilant when it comes to education and training as well as compliance with applicable laws and regulations, including those within the jurisdiction of DPU. Recognition of hazards and potentially reportable issues is key, and starts with effective and ongoing training and re-training of field personnel.
When reportable issues are recognized, contractors are generally advised to take prompt action to report such issues so that they can be investigated and any safety concerns addressed. In this regard, 220 CMR 99.07(1) provides that “[e]very company or excavator having knowledge or reason to know of any damage to an underground facility or violation of M.G.L. c. 82, §§ 40 through 40D or 220 CMR 99.00 shall report such damage or violation to the Department within 30 days of learning of the circumstances.” DPU has indicated that it wishes to avoid situations where contractors make their own judgment calls with respect to potential safety risks and fail to report.
In the event that DPU issues a Notice of Probable Violation, contractors should take immediate steps to investigate the situation, including by consulting with experienced legal counsel. Many cases rise and fall on their facts. As a result, contractors may be able to assert valid defenses, depending on the facts and circumstances of a given situation.
Compliance is not only critical to further safety interests—it is a necessary part of doing business. Contractors can face unwanted consequences if they find themselves repeatedly subject to multiple DPU violations. Beyond exposure to potentially significant monetary penalties, this can adversely impact a contractor’s ability to secure future public work in light of applicable prequalification and certification requirements.
