C.F.R. » Title 29 » CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › PART 1926—SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION › Subpart P—Excavations

29 C.F.R. § 1926.652

Requirements for protective systems

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(a) Protection of employees in excavations. (1) Each employee in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section except when:

(i) Excavations are made entirely in stable rock; or

(ii) Excavations are less than 5 feet (1.52m) in depth and examination of the ground by a competent person provides no indication of a potential cave-in.

(2) Protective systems shall have the capacity to resist without failure all loads that are intended or could reasonably be expected to be applied or transmitted to the system.

(b) Design of sloping and benching systems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of paragraph (b)(1); or, in the alternative, paragraph (b)(2); or, in the alternative, paragraph (b)(3), or, in the alternative, paragraph (b)(4), as follows:

(1) Option (1)—Allowable configurations and slopes. (i) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below.

(ii) Slopes specified in paragraph (b)(1)(i) of this section, shall be excavated to form configurations that are in accordance with the slopes shown for Type C soil in appendix B to this subpart.

(2) Option (2)—Determination of slopes and configurations using Appendices A and B. Maximum allowable slopes, and allowable configurations for sloping and benching systems, shall be determined in accordance with the conditions and requirements set forth in appendices A and B to this subpart.

(3) Option (3)—Designs using other tabulated data. (i) Designs of sloping or benching systems shall be selected from and be in accordance with tabulated data, such as tables and charts.

(ii) The tabulated data shall be in written form and shall include all of the following:

(A) Identification of the parameters that affect the selection of a sloping or benching system drawn from such data;

(B) Identification of the limits of use of the data, to include the magnitude and configuration of slopes determined to be safe;

(C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data.

(iii) At least one copy of the tabulated data which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request.

(4) Option (4)—Design by a registered professional engineer. (i) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under paragraph (b) of this section shall be approved by a registered professional engineer.

(ii) Designs shall be in written form and shall include at least the following:

(A) The magnitude of the slopes that were determined to be safe for the particular project;

(B) The configurations that were determined to be safe for the particular project; and

(C) The identity of the registered professional engineer approving the design.

(iii) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Secretary upon request.

(c) Design of support systems, shield systems, and other protective systems. Designs of support systems shield systems, and other protective systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of paragraph (c)(1); or, in the alternative, paragraph (c)(2); or, in the alternative, paragraph (c)(3); or, in the alternative, paragraph (c)(4) as follows:

(1) Option (1)—Designs using appendices A, C and D. Designs for timber shoring in trenches shall be determined in accordance with the conditions and requirements set forth in appendices A and C to this subpart. Designs for aluminum hydraulic shoring shall be in accordance with paragraph (c)(2) of this section, but if manufacturer's tabulated data cannot be utilized, designs shall be in accordance with appendix D.

(2) Option (2)—Designs Using Manufacturer's Tabulated Data. (i) Design of support systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all specifications, recommendations, and limitations issued or made by the manufacturer.

(ii) Deviation from the specifications, recommendations, and limitations issued or made by the manufacturer shall only be allowed after the manufacturer issues specific written approval.

(iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommendations, and limitations shall be in written form at the jobsite during construction of the protective system. After that time this data may be stored off the jobsite, but a copy shall be made available to the Secretary upon request.

(3) Option (3)—Designs using other tabulated data. (i) Designs of support systems, shield systems, or other protective systems shall be selected from and be in accordance with tabulated data, such as tables and charts.

(ii) The tabulated data shall be in written form and include all of the following:

(A) Identification of the parameters that affect the selection of a protective system drawn from such data;

(B) Identification of the limits of use of the data;

(C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data.

(iii) At least one copy of the tabulated data, which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request.

(4) Option (4)—Design by a registered professional engineer. (i) Support systems, shield systems, and other protective systems not utilizing Option 1, Option 2 or Option 3, above, shall be approved by a registered professional engineer.

(ii) Designs shall be in written form and shall include the following:

(A) A plan indicating the sizes, types, and configurations of the materials to be used in the protective system; and

(B) The identity of the registered professional engineer approving the design.

(iii) At least one copy of the design shall be maintained at the jobsite during construction of the protective system. After that time, the design may be stored off the jobsite, but a copy of the design shall be made available to the Secretary upon request.

(d) Materials and equipment. (1) Materials and equipment used for protective systems shall be free from damage or defects that might impair their proper function.

(2) Manufactured materials and equipment used for protective systems shall be used and maintained in a manner that is consistent with the recommendations of the manufacturer, and in a manner that will prevent employee exposure to hazards.

(3) When material or equipment that is used for protective systems is damaged, a competent person shall examine the material or equipment and evaluate its suitability for continued use. If the competent person cannot assure the material or equipment is able to support the intended loads or is otherwise suitable for safe use, then such material or equipment shall be removed from service, and shall be evaluated and approved by a registered professional engineer before being returned to service.

(e) Installation and removal of support—(1) General. (i) Members of support systems shall be securely connected together to prevent sliding, falling, kickouts, or other predictable failure.

(ii) Support systems shall be installed and removed in a manner that protects employees from cave-ins, structural collapses, or from being struck by members of the support system.

(iii) Individual members of support systems shall not be subjected to loads exceeding those which those members were designed to withstand.

(iv) Before temporary removal of individual members begins, additional precautions shall be taken to ensure the safety of employees, such as installing other structural members to carry the loads imposed on the support system.

(v) Removal shall begin at, and progress from, the bottom of the excavation. Members shall be released slowly so as to note any indication of possible failure of the remaining members of the structure or possible cave-in of the sides of the excavation.

(vi) Backfilling shall progress together with the removal of support systems from excavations.

(2) Additional requirements for support systems for trench excavations. (i) Excavation of material to a level no greater than 2 feet (.61 m) below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the support system.

(ii) Installation of a support system shall be closely coordinated with the excavation of trenches.

(f) Sloping and benching systems. Employees shall not be permitted to work on the faces of sloped or benched excavations at levels above other employees except when employees at the lower levels are adequately protected from the hazard of falling, rolling, or sliding material or equipment.

(g) Shield systems—(1) General. (i) Shield systems shall not be subjected to loads exceeding those which the system was designed to withstand.

(ii) Shields shall be installed in a manner to restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads.

(iii) Employees shall be protected from the hazard of cave-ins when entering or exiting the areas protected by shields.

(iv) Employees shall not be allowed in shields when shields are being installed, removed, or moved vertically.

(2) Additional requirement for shield systems used in trench excavations. Excavations of earth material to a level not greater than 2 feet (.61 m) below the bottom of a shield shall be permitted, but only if the shield is designed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield.

Notes of Decisions
Cited in 90 cases (10 in the last 5 years), 1974–2024 · leading case: Brooks v. McWhirter Grading Co., Inc., 281 S.E.2d 24 (N.C. 1981).
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Brooks v. McWhirter Grading Co., Inc., 281 S.E.2d 24 (N.C. 1981). · cites it 10× “The trench was about eight feet deep, and the sides had neither been shored nor sloped, a violation of 29 CFR § 1926.652 (c), 1 which provides that trenches dug in hard or compact soil more than eight feet long and five feet deep must be adequately shored or sloped.”
R. Acosta, Sec'y, LABR v. Hensel Phelps Constr, 909 F.3d 723 (5th Cir. 2018). · cites it 4× “See 29 C.F.R. §§ 1926.652 (a)(1) & (b). No such protective systems were put in place at this excavation.”
Tallman v. City of Hurricane, 1999 UT 55 (Utah 1999). · cites it 8× “See 29 C.F.R. § 1926.652 (a) (1997). While Progressive believed that the digging occurred in solid rock, no engineer examined the trench for Progressive.”
P. Gioioso & Sons, Inc. v. Occupational Saf. & Health Review Comm'n, 115 F.3d 100 (1st Cir. 1997). · cites it 5× “Failing to provide an adequate protective system for workers in an unshored trench, in violation of 29 C.F.R. § 1926.652 (a)(1) (1996) (which provides that, except when excavations are made entirely in stable rock or are less than five feet in depth, “[e]ach employee in an…”
Archambault v. Soneco/Ne., Inc., 946 A.2d 839 (Conn. 2008). · cites it 4× “violated 29 C.F.R. § 1926.652 (a) by failing to select or construct sloping and benching systems in accordance with 29 C.”
Eatherly Constraction Co. v. Dep't of Labor & Workforce Dev., 232 S.W.3d 731 (Tenn. Ct. App. 2006). · cites it 8× “The pertinent regulation is 29 C.F.R. § 1926.652 (2006). 1 *733 One end of the trench excavated by Ea-therly was sufficiently shallow and properly sloped so that additional protective measures were not required before employees were permitted in the trench; however, Eatherly…”
SEC v. Jarkesy, 603 U.S. 109 (2024). “29 CFR § 1926.652 , Table P–1 (1976); see Atlas Roofng, 430 U.”
Accu-Namics, Inc. v. Occupational Saf. & Health Review Comm'n, Sec'y of Labor, & Johnt. Dunlop, 515 F.2d 828 (5th Cir. 1975). · cites it 4× “The bottom 21 feet of the trench wall was of soft material, and was not adequately shored or supported so as to protect employees in the trench bottom as required by 29 C.F.R. § 1926.652 (b). 1 Further, the regulations provide that where slides or cave-ins might occur as a…”
Atlas Roofing Co. v. Occupational Saf. & Health Review Comm'n, 430 U.S. 442 (1977). “Petitioner Irey was cited for a willful violation of 29 CFR § 1926.652 (b) and Table P-1 (1976)—a safety standard promulgated by the Secretary under the Act requiring the sides of trenches in “unstable or soft material” to be “shored, .”
Conie Constr., Inc. v. Robert B. Reich, Sec'y of Labor, & the Occupational Saf. & Health Review Comm'n, 73 F.3d 382 (D.C. Cir. 1995). · cites it 5× “Conie received a citation from OSHA alleging a violation of 29 C.F.R. § 1926.652 (a)(1), which requires employers to implement an adequate protective system for employees working in excavations.”
Lakeland Enter. of Rhinelander, Inc. v. Elaine L. Chao, Sec'y of Labor, 402 F.3d 739 (7th Cir. 2005). · cites it 5× “, for willful violation of 29 C.F.R. § 1926.652 (a)(1), which requires that workers in excavation trenches be protected from cave-ins.”
Frank Irey, Jr., Inc., a Corp. v. Occupational Saf. & Health Review Comm'n, 519 F.2d 1200 (3rd Cir. 1975). · cites it 3× “For the reasons stated in the panel opinion of November 4, 1974, the Commission’s decision finding a willful violation of 29 C.F.R. § 1926.652 (b) is vacated and remanded for further consideration not inconsistent with this opinion and the order assessing penalties for…”
Show all 90 citing cases →
— 29 C.F.R. § 1926.652(a)(1) — 6 cases
Robert B. Reich, Sec'y of Labor v. Mashantucket Sand & Gravel, & Occupational Saf. & Health Review Comm'n, 95 F.3d 174 (2d Cir. 1996).
Barton v. G.E. Baker Constr., Inc., 2011 Ohio 5704 (Ohio Ct. App. 2011).
Kentucky Associated Gen. Contractors Self-Ins. Fund v. Music Constr., Inc., 299 S.W.3d 586 (Ky. 2009).
Rawson Contractors, Inc. v. Robert Reich, Sec'y of Labor, & Occupational Saf. & Health Admin., 43 F.3d 1474 (7th Cir. 1994).
Lanzo Constr. Co. v. Occupational Saf. & Health Review Comm'n, 150 F. App'x 983 (11th Cir. 2005).
— 29 C.F.R. § 1926.652(b) — 6 cases
Super Excavators, Inc. v. Occupational Saf. & Health Review Comm'n, Sec'y of Labor, Party-Respondent, 674 F.2d 592 (7th Cir. 1981).
Frank Irey, Jr., Inc., a Corp. v. Occupational Saf. & Health Review Comm'n, 519 F.2d 1200 (3rd Cir. 1975). “For the reasons stated in the panel opinion of November 4, 1974, the Commission’s decision finding a willful violation of 29 C.F.R. § 1926.652 (b) is vacated and remanded for further consideration not inconsistent with this opinion and the order assessing penalties for…”
Horne Plumbing & Heating Co. v. Occupational Saf. & Health Review Comm'n & John T. Dunlop, Sec'y of Labor, 528 F.2d 564 (5th Cir. 1976).
Olin Constr. Co., Inc. v. Occupational Saf. & Health Review Comm'n, & Peter J. Brennan, Sec'y of Labor, 525 F.2d 464 (2d Cir. 1975).
Eatherly Constraction Co. v. Dep't of Labor & Workforce Dev., 232 S.W.3d 731 (Tenn. Ct. App. 2006). “The pertinent regulation is 29 C.F.R. § 1926.652 (2006). 1 *733 One end of the trench excavated by Ea-therly was sufficiently shallow and properly sloped so that additional protective measures were not required before employees were permitted in the trench; however, Eatherly…”
— 29 C.F.R. § 1926.652(b)(1)(i) — 2 cases
Rawson Contractors, Inc. v. Robert Reich, Sec'y of Labor, & Occupational Saf. & Health Admin., 43 F.3d 1474 (7th Cir. 1994).
Gioioso v. OSHRC (1st Cir. 1997).
— 29 C.F.R. § 1926.652(c) — 5 cases
Brooks v. McWhirter Grading Co., Inc., 281 S.E.2d 24 (N.C. 1981). “The trench was about eight feet deep, and the sides had neither been shored nor sloped, a violation of 29 CFR § 1926.652 (c), 1 which provides that trenches dug in hard or compact soil more than eight feet long and five feet deep must be adequately shored or sloped.”
R. A. Pohl Constr. Co. v. Marshall, 640 F.2d 266 (10th Cir. 1981).
Ray v. Marshall, Sec'y of Labor v. M. W. Watson, Inc., & Occupational Saf. & Health Review Comm'n, 652 F.2d 977 (10th Cir. 1981).
9 O.S.H. Cas.(bna) 1224, 1981 O.S.H.D. (Cch) P 25,161 R. A. Pohl Constr. Co. v. Ray Marshall, Sec'y of Labor, & Occupational Saf. & Health Review Comm'n, 640 F.2d 266 (10th Cir. 1981).
Rawson Contractors, Inc. v. Robert Reich, Sec'y of Labor, & Occupational Saf. & Health Admin., 43 F.3d 1474 (7th Cir. 1994).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.