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The Cohen Group Newsletter - Volume 18  Issue 2, Article 4.  May 2007

  Trenching/Excavation Safety
By Tim Bormann, CIH

Contractors are well aware that a Cal/OSHA permit (8 CCR 341) is required when a worker must descend into a trench or excavation that is 5 feet in depth or deeper. The permit must be obtained by the contractor who is performing the trenching or excavation work.  However, if a trench is less than 5 feet deep - though not required to be permitted, shoring may still be required as deemed appropriate by a competent person along with daily inspections.  Depending on the condition of the soil and worker activities, trench cave-ins may still occur and result in serious injury or death regardless of trench depth.

Excavations and Trenches are regulated under the Cal/OSHA Construction Safety Orders - Article 6 - Excavations, Sections 1539-1547. An excavation is defined by Cal/OSHA as any man-made cut or cavity, trench or depression in an earth formed by earth removal.  A trench is defined as a narrow excavation (in relation to length) made below the surface of the ground.  In general the depth is greater than the width, but the width of a trench is not greater than 15 feet.

Article 6, Section 1540 of the Construction Safety Orders applies to "all open excavations made in the earth's surface. Excavations are defined to include trenches. 

Section 1541.1 requires that employees in an excavation shall be protected from cave-in by an adequate protective system except when:

bulletExcavations are made entirely in stable rock; or
bulletExcavations are less than 5 feet and examination by a competent person provides no indication of a potential cave-in.

Each soil and rock deposit must be classified by a competent person.

Even when employees are entering excavations/trenches less than 5 feet in depth, a competent person must inspect the excavation and determine that there is no indication of a cave-in. Where the possibility of cave-in exists, employees must then be protected by an adequate protective system such as shoring, sloping or benching.  Protective systems must 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.” 

The competent person must conduct daily inspections (at the beginning of the shift and as needed throughout the shift) of the excavations, adjacent areas and protective systems, hazardous atmospheres or other hazardous conditions.  Inspections must also be made after every rain storm or when other events increase the possibility of cave-ins.  The competent need not be on site at all times. Inspections are required when employee exposure (e.g., entry) can “reasonably be anticipated.”   Though not required in the regulation, documentation of the inspections would be prudent. 

A competent person is defined as one who must demonstrate:

bulletknowledge of the provisions pertaining to excavations, trenches and earthwork
bulletknowledge of soil analysis as required in the new provisions pertaining to excavations, trenches and earthwork
bulletability to recognize and test for hazardous atmospheres
bulletknowledge of the use of protective systems
bulletauthority to take prompt corrective action on the job as conditions warrant.

Should you have any questions regarding trenching/excavations or competent person requirements give us a call.

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