Q&A for Trenching & Excavation Competent PersonQuestion: -
"Is it true that a protective system (such as a trench box or sloping the sides) is not required for an excavation unless it is at least five (5) feet deep?”
Answer: - This is NOT true. Many people incorrectly believe that the OSHA excavation standard only requires employers to utilize a protective system whenever an employee is going to enter an excavation five feet or deeper (unless it is cut in stable rock). But what OSHA standard 1926.502(a)(1)(ii) actually say is that a protective system of some sort must be utilized in all excavations, even those less than five feet deep, except when “an examination of the ground by a competent person provides no indication of a potential cave-in”.
Some excavation sites have dry sand that actually flows as you are digging, or perhaps they are being dug in wet runny mud. In those cases, cave-ins can occur in trenches that are not even five feet deep. So even when an excavation is less than five feet in depth, the competent person for the excavation site must still evaluate the area and then determine whether or not some sort of protective system is needed to protect workers in that particular excavation.
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Question: -“The competent person is only required to conduct one inspection of our work-site in the morning before work starts, and then no other inspections are required that day. Is that correct?”
Answer: - That is almost NEVER the case; the competent person must typically conduct numerous inspections of the excavation site and protective system(s) as work progresses throughout the day. In fact, OSHA standard 1926.651(k)(1) specifically states that “Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions.” The OSHA standards then go on to say that “an inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift”. The OSHA excavation standards also require that “inspections shall also be made after every rainstorm or other hazard increasing occurrence”. So there are many cases where additional inspections by the competent person will be required as work progresses throughout the day.
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Question: - "Are trenches and other excavations considered by OSHA to be permit-required confined spaces under their new confined spaces in construction standard? "
Answer: - No. Section 1926.1201 of the Federal OSHA confined spaces in construction standard (Subpart AA - issued in 2015) lays out the scope of the standard, and paragraph (b) of that section lists the exceptions to the confined space standard. There you will see that OSHA clearly states the confined spaces in construction standard does not apply to construction work regulated by 1926 Subpart P - Excavations.
That being said, employers must be aware that it is possible to have a permit-required confined space present inside of a trench or other excavation. And in those cases entry into that confined space could be regulated by OSHA’s permit-required confined spaces in construction standard. For example, you could have a eight-foot deep trench (which is not a confined space), and you install a 36-inch diameter pipeline inside that trench and tie it into an existing manhole; Any work conducted inside that new pipeline (and the existing manhole) would then be regulated under the confined spaces in construction standard. But work conducted in the trench itself (outside of the pipe and manhole) is not.
The OSHA Excavation standard does not ignore the potential hazards of an atmospheric hazard inside of a trench. In fact, the standard lists certain situations where precautions are necessary to protect employees who enter certain trenches to perform work. Examples of such situations include, but are not limited to:
- Excavations cut close to landfills (possibility of methane gas generated by the rotting garbage seeping onto the space);
- Trenches and other excavations cut near underground tanks or pipelines that have been leaking (the chemicals can volatilize when exposed to sunlight and warmth);
- Tapping into / tying into an existing sewer line inside of a trench to make a connection or repair (methane gas and possibly H2S can be released into the atmosphere); and,
- Portable equipment that is powered by a combustion engine (gas, diesel, LPG . . .) being used in of a trench (gas powered saws, generators, and soil compactors are a few items that come to mind).
In situations where the potential for a hazardous atmosphere does exist inside a trench, such as in the situations listed above, the Federal OSHA excavation standard [1926.651, paragraph (g)] requires that the atmosphere be evaluated with suitable gas detection equipment before employees enter excavations greater than four (4) feet deep. If a hazardous atmosphere is detected (or if there is a reasonable expectation that one could develop as work progresses), then the employer must take steps to protect workers inside the excavation. Precautions taken in these situations could include, but are not limited to, use of blowers or other ventilation equipment to maintain a safe atmosphere, having workers utilize suitable respiratory equipment inside the excavation, having rescue equipment and personnel at the ready, and, continuous monitoring of the atmosphere inside the trench while work is being performed. These steps to protect workers inside an excavation with a hazardous atmosphere are very similar to those employers must take when their employees are performing work inside of a permit-required confined space; but there is no OSHA requirement for a permit when working inside an excavation.
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QUESTION: Does OSHA really require employers to provide some sort of walkway over all trenches and other excavations which employees are allowed to cross over, regardless of how wide they are?.”
ANSWER: The OSHA standard that addresses this situation [1926.65(l)] actually says that “
walkways shall be provided where employees or equipment are required or permitted to cross over excavations”. So it is easy to see why you might think this applies to all trenches and excavations regardless of their width, because OSHA provides no threshold width where the requirement begins to apply. However, a practical answer to this question is provided on the Federal OSHA website in one of their
letters of interpretation. In that letter of interpretation, OSHA states that they consider crossing narrow trenches 30 inches or less in width to be a de minimis condition (no effect on employee safety or health). In that letter of interpretation, OSHA states that "walkways or bridges must be provided when employees or equipment are required or permitted to cross over excavations only when the excavation is wider than 30 inches at the top". If the excavation is less than 30 inches wide, the competent person may examine the work-site conditions and determine if a walkway is necessary or not for a walkway to be provided for employee safety. Of course, a qualified person should always be consulted if you do provide a walkway to ensure it is built strong enough to safely support employees and all equipment and materials they might be carrying.
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