Testing of type C soil is not necessary if employees are adequately protected.

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 https://www.osha.gov.

June 5, 1991 [Reviewed May 31, 2018]

Mr. Michael S. Holman
Bricker & Eckler
100 South Third Street
Columbus, Ohio 43215-4291

Dear Mr. Holman:

This is in response to your letter of April 16, requesting an interpretation of 29 C.F.R. Part 1926.650, et seq.

Clarification of utility "owner" as used in the Safety and Health Standards for Excavations, Underground Installations.

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 https://www.osha.gov.

September 21, 2001  [Reviewed May 31, 2018]

Mr. Frank C. DeFelice, Jr.
32 Cherry Lane
Durham, Connecticut 06422

Re: §1926.651(b)(2); utility owners

Dear Mr. DeFelice:

Registered professional engineer approval requirements for manufactured trench protection systems deeper than 20 feet.

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 https://www.osha.gov.

January 16, 2003 [Reviewed May 31, 2018]

John M. Maas
2304 Bel-Aire Court
Green Bay, WI 53404-5017

Re: Whether an excavation contractor is required to get the approval of a registered professional engineer when using a manufactured trench protection system under §1926.652(c)(2); Subpart P; excavations; registered professional engineers; trench shields

Dear Mr. Maas:

Registered professional engineer approval requirements for combination trench shield and sloping system trenches with a depth greater than 20 feet.

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 https://www.osha.gov.

December 22, 2003 [Reviewed May 31, 2018]

Mr. David V. Dow
Trench Safety and Supply, Inc.
3000 Ferrell Park Cove
Memphis, TN 38116

Re: Whether a sloping system used in conjunction with trench shields in an excavation that exceeds 20 feet in depth must be approved by a registered professional engineer; whether that engineer must be registered in the state where the excavation work is taking place.

Dear Mr. Dow:

Specific trenching requirements as it pertains to shoring.

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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 https://www.osha.gov.

September 14, 1976

Mr. Kenneth G. May,
Agency Compliance Supervisor
The Great Lakes Construction Company
Box 09086 Pearlbrook Station
Cleveland, Ohio 44109

Subject: 1926.652 - Specific Trenching Requirements

Dear Mr. May:

This is in response to your letter of August 9, 1976 to Mr. Bowman of our Cleveland Area Office.

Whenever shoring is referenced, and used it must always start from the bottom of the trench.

Permissibility of installing a trench shield so that the top is flush with the surface.

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 https://www.osha.gov.

November 14, 2003 [Reviewed May 31, 2018]

Mr. Thomas A. Bush, CSP
Manager - EH&S Consultant
OSEA 3748 South Park Avenue
Buffalo, NY 14219-1802

Re 29 CFR 1926.652(g)(1)(ii)

Dear Mr. Bush:

This is in response to your letter dated April 10, 2003, to the Occupational Safety and Health Administration (OSHA) concerning trench shields (29 CFR 1926.652) being held flush with the top of the trench and road surface. We apologize for the delay in providing this response.

Shoring sides of trenches in hard or compact soil.

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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 https://www.osha.gov.

 

Date:     March 9, 1977

Reply to Attn of: CO

Subject: Enforcement Problems with 29 CFR 1926.652(c)

Donald Shay, Director To: Office of Compliance Programming

 

This memorandum concerns difficulties encountered in our office with the requirements of the above standard which specifies relevantly:

Protective system requirements for excavations that will not be entered by employees.

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 https://www.osha.gov.

October 13, 2009 [Reviewed November 8, 2018]

Letter #20080926-8688

Re: Protective system requirements for excavations that will not be entered by employees.

Question: Are shoring or other protective systems required under 29 CFR 1926.652 for test pits that will not be entered by employees?

Answer: 29 CFR 1926.652(a)(l) states, in part:

Design of Cave-in Protection Systems; Information Collection Requirements.

  • Publication Date:
  • Publication Type:
  • Fed Register #:
    63:37415-37416
  • Title:

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-98-17]

Design of Cave-in Protection Systems; Information Collection Requirements

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Notice; opportunity for public comment.

Office of Management and Budget Control Numbers Under the Paperwork Reduction Act for Miscellaneous Construction Industry Rules.

  • Publication Date:
  • Publication Type:
  • Fed Register #:
    64:18809-18810
  • Title:

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

Office of Management and Budget Control Numbers Under the Paperwork Reduction Act for Miscellaneous Construction Industry Rules

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Final rule; Office of Management and Budget approval of information collection requirements.