OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

July 16, 1993

Mr. B. F. Brislenn, P.E.,
C.H.C.M. Construction
Safety Administrator
Walt Disney World Company
P.O. Box 10000
Lake Buena Vista, Florida 32830-1000

Dear Mr. Brislenn:

This is in response to your March 12 letter concerning an error in the Occupational Safety and Health Administration publication of Fatal Facts No. 61.

You are correct in noting that our current excavation standard (1926.652(a)) does not specify a minimum length that an excavation must be before a protective system is required. This Fatal Facts sheet was developed from a report of an accident that occurred before the new excavation standards became effective. The reference to a trench 8 feet or longer originated from the language of the older standard and should have been deleted in Fatal Facts No. 61.

Thank you for bringing this to our attention. We are working to correct this error in future printings of this publication and apologize for any inconvenience this may have caused.

Sincerely,



Roy G. Gurnham, Esq., P.E. Director
Office of Construction and Maritime
Compliance Assistance




March 12, 1993

Ray Gurnham
U.S. Department of Labor
Occupational Safety
and Health Administration
200 Constitution Avenue, N.W.
Room 3610
Washington, DC 20210

Dear Sir:

In reading fatal facts No. 61, Accident Report, I noted with concern that under Paragraph 2 of the Accident Prevention recommendations that the reference made to the new standard 29 CRF 1926.652(a) was misleading. The standard does not read as stated.

In the field if we have an excavation, X number of feet long and over four feet deep it must be shored or properly laid back.

A correction of this statement would be appreciated.



B. F. Brislenn, P.E.,
C.H.C.M. Construction
Safety Administrator
Walt Disney World Company
P.O. Box 10000 Lake Buena Vista, FL 32830-1000

Phone (407) 827-2769