Seven of the twenty largest OSHA fines documented in our field report were trench cases. Including a $4.6 million penalty against Revoli Construction for a fatality. The pattern is always the same: no protective system, no competent person on site, no daily inspection log.
What OSHA Actually Requires
OSHA 1926 Subpart P requires:
- A competent person on site during all trench work
- Soil classification (Type A, B, C, or Stable Rock)
- Protective system for trenches 5 feet or deeper (sloping, shielding, shoring, or benching)
- Daily inspection by the competent person, before every shift and after every event
- Egress within 25 feet of any worker in a trench 4+ feet deep
- Atmospheric testing when hazardous atmosphere is possible
- Documentation of the daily inspection
What The Daily Inspection Log Must Show
- Date and time
- Location or trench identification
- Competent person name and signature
- Soil classification for THIS trench
- Protective system in use (specific type and configuration)
- Any hazards identified and controls applied
- Atmospheric testing results (if applicable)
- Egress location and condition
- Sign-off — safe to enter, or corrective action required
What's In The Forbes Trenching Pack
- Daily trench inspection log — fill in per shift
- Excavation safety program (written)
- Soil classification worksheet
- Protective system selection guide
- Competent person designation form
- Confined space evaluation for deep trenches
- Atmospheric testing log for trench work
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Frequently Asked Questions
At what depth does OSHA require a protective system?
5 feet or deeper (1926.652(a)(1)). Below 5 feet, if the competent person determines there's no potential for cave-in based on soil examination, protective system isn't required. But you still need the competent person's evaluation documented.
Who is a competent person for trenching?
1926.32(f) defines competent person as someone capable of identifying existing and predictable hazards and with authority to correct them. For trenching specifically, they need to be able to classify soil, evaluate protective systems, and stop work if unsafe. Not everyone with a hard hat qualifies.
How often does the trench need to be inspected?
1926.651(k)(1): 'inspections by a competent person shall be conducted daily and before the start of each shift, as needed throughout the shift, and following every rainstorm or other hazard-increasing occurrence.' Multiple inspections per day are typical.
What's the biggest trenching citation risk?
No protective system in a trench 5+ feet deep. This is often willful because the standard is so clear. At 2026 rates, willful violations are up to $161,323 per violation. If you have five workers in the trench, that's per-employee = $806,615.
Do I need to classify soil for every trench?
Yes, and the competent person must document the classification. Type A (most stable) allows steeper slopes. Type C (least stable) requires shielding or shoring or 1.5:1 sloping. Getting soil classification wrong is a common citation.
What if my trench is going into a state-plan OSHA state?
State plans (California, Oregon, Washington, Nevada, Arizona, etc.) enforce their own standards that are at least as strict as federal OSHA. California in particular has more prescriptive trenching rules. Templates should be reviewed for state-specific requirements when working outside federal OSHA jurisdiction.