29 C.F.R. § 1926.650

Scope, application, and definitions applicable to this subpart

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(a) Scope and application. This subpart applies to all open excavations made in the earth's surface. Excavations are defined to include trenches.

(b) Definitions applicable to this subpart.

Accepted engineering practices means those requirements which are compatible with standards of practice required by a registered professional engineer.

Aluminum Hydraulic Shoring means a pre-engineered shoring system comprised of aluminum hydraulic cylinders (crossbraces) used in conjunction with vertical rails (uprights) or horizontal rails (walers). Such system is designed, specifically to support the sidewalls of an excavation and prevent cave-ins.

Bell-bottom pier hole means a type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape.

Benching (Benching system) means a method of protecting employees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near-vertical surfaces between levels.

Cave-in means the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or support system, and its sudden movement into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or otherwise injure and immobilize a person.

Competent person means one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

Cross braces mean the horizontal members of a shoring system installed perpendicular to the sides of the excavation, the ends of which bear against either uprights or wales.

Excavation means any man-made cut, cavity, trench, or depression in an earth surface, formed by earth removal.

Faces or sides means the vertical or inclined earth surfaces formed as a result of excavation work.

Failure means the breakage, displacement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities.

Hazardous atmosphere means an atmosphere which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, oxygen deficient, toxic, or otherwise harmful, may cause death, illness, or injury.

Kickout means the accidental release or failure of a cross brace.

Protective system means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of adjacent structures. Protective systems include support systems, sloping and benching systems, shield systems, and other systems that provide the necessary protection.

Ramp means an inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or wood.

Registered Professional Engineer means a person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, registered in any state is deemed to be a “registered professional engineer” within the meaning of this standard when approving designs for “manufactured protective systems” or “tabulated data” to be used in interstate commerce.

Sheeting means the members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system.

Shield (Shield system) means a structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work progresses. Additionally, shields can be either premanufactured or job-built in accordance with § 1926.652 (c)(3) or (c)(4). Shields used in trenches are usually referred to as “trench boxes” or “trench shields.”

Shoring (Shoring system) means a structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an excavation and which is designed to prevent cave-ins.

Sides. See “Faces.”

Sloping (Sloping system) means a method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away from the excavation so as to prevent cave-ins. The angle of incline required to prevent a cave-in varies with differences in such factors as the soil type, environmental conditions of exposure, and application of surcharge loads.

Stable rock means natural solid mineral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the excavation is secured against caving-in or movement by rock bolts or by another protective system that has been designed by a registered professional engineer.

Structural ramp means a ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps.

Support system means a structure such as underpinning, bracing, or shoring, which provides support to an adjacent structure, underground installation, or the sides of an excavation.

Tabulated data means tables and charts approved by a registered professional engineer and used to design and construct a protective system.

Trench (Trench excavation) means a narrow excavation (in relation to its length) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet (4.6 m). If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet (4.6 m) or less (measured at the bottom of the excavation), the excavation is also considered to be a trench.

Trench box. See “Shield.”

Trench shield. See “Shield.”

Uprights means the vertical members of a trench shoring system placed in contact with the earth and usually positioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called “sheeting.”

Wales means horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth.

Notes of Decisions

Cited in 24 cases (2 in the last 5 years), 1979–2022 · leading case: Woodson v. Rowland, 407 S.E.2d 222 (N.C. 1991).

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Woodson v. Rowland, 407 S.E.2d 222 (N.C. 1991). · cites it 4× “29 C.F.R. § 1926.650 -.653. Because of the soil conditions and geography, Craig believed that a trench box was the best means of ensuring his workers' safety.”

Moore v. Env't Constr. Corp., 147 S.W.3d 13 (Ky. 2004). · cites it 2× “" 29 C.F.R.1926.650(a). [3] John G. Moore, Jr.”

Hills Materials Co. v. Donald B. Rice, Sec'y of the Air Force, 982 F.2d 514 (Fed. Cir. 1992). “29 C.F.R. §§ 1926.650 -.652 (1989). After Hills Materials submitted its bids, OSHA issued final regulations which substantially modified 29 C.”

Downs v. Steel & Craft Builders, Inc., 831 N.E.2d 92 (Ill. App. Ct. 2005). “See 29 C.F.R. §§ 1926.650 through 1926.651 (2004).”

Hancock v. Mayor & Cty. Cncl. of Balt., 480 Md. 588 (Md. 2022). “1443 (the “Safety and Health Regulations for Construction”); 29 C.F.R. §§ 1926.650 – 1926.652 (excavation-specific and “protective systems” requirements); COMAR 09.”

Champagnie v. WE O'Neil Constr. Co., 395 N.E.2d 990 (Ill. App. Ct. 1979). “) Count II alleged that O’Neil failed to comply with certain regulations under the Occupational Safety and Health Act ( 29 C.F.R. §§ 1926.650 to 1926.652). O’Neil’s third party complaint, in count I, sought indemnity from Caisson in the event any settlement, judgment, or verdict…”

Hosea O. Weaver & Sons, Inc. v. Towner, 663 So. 2d 892 (Ala. 1995). “"Competent person means one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.”

Harry C. Crooker & Sons, Inc. v. Occupational Saf. & Health Review Comm'n, 537 F.3d 79 (1st Cir. 2008). “See 29 C.F.R. §§ 1926.650 -.652. As Crooker tells it, the use of that massive equipment rendered it impossible to work underneath 14-fooL-high power lines while maintaining anything close to a ten-foot clearance.”

United States v. Bruce Shear, 962 F.2d 488 (5th Cir. 1992). “In Count One, ABC and Shear were charged with willfully failing to cease all work and excavation until necessary precautions were taken to safeguard employees where evidence of possible cave-ins was apparent, in violation of section 666(e), 29 C.F.R. § 1926.650 (i) and 18 U.S.C.…”

D & S Grading Co., Inc. v. Sec'y of Labor, 899 F.2d 1145 (11th Cir. 1990). “21 (b)(2)), failure to require employees to wear hard hats ( 29 C.F.R. § 1926.650 (e)), failure to slope, shore or otherwise support walls of a trench dug in more than five feet of unstable soil ( 29 C.”

Lloyd Littlefield v. United States of Am., Defendant-Third-Party v. Frontier-Kemper Constructors, Inc., Third-Party-Defendant-Appellee, 927 F.2d 1099 (3rd Cir. 1991). “As we have observed, the contract gives Frontier-Kemper ultimate responsibility for safety during the operations, but it also requires both the United States and Frontier-Kemper to make daily inspections *1104 of the excavation site and to stop all work upon evidence of a…”

Lakeland Enter. of Rhinelander, Inc. v. Elaine L. Chao, Sec'y of Labor, 402 F.3d 739 (7th Cir. 2005). “” 29 C.F.R. § 1926.650 (b). Eyeballing the trench, Greenwood believed the walls were too steep and there was a fair chance they could collapse.”

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— 29 C.F.R. § 1926.650(a) — 1 case

Moore v. Env't Constr. Corp., 147 S.W.3d 13 (Ky. 2004). “" 29 C.F.R.1926.650(a). [3] John G. Moore, Jr.”

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