OSHA 1926.651(k)(1): daily excavation inspections by a competent person
Under 29 CFR 1926.651(k)(1), a competent person must inspect excavations, adjacent areas and protective systems daily, before work starts and as needed through the shift, and after every rainstorm or other hazard-increasing occurrence, when employee exposure can be reasonably anticipated.
Official text
(k)(1) 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. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated.Read the full section on eCFR
(k)(2) Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety.Read the full section on eCFR
(f) 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.Read the full section on eCFR
What it requires, in plain English
- A competent person inspects the excavation, adjacent areas and protective systems daily for signs of possible cave-ins, protective system failure, hazardous atmospheres or other hazards.
- An inspection is done before work starts and as needed throughout the shift, and again after every rainstorm or other hazard-increasing occurrence.
- Inspections are required when employee exposure can be reasonably anticipated.
- If the competent person finds evidence of these hazards, exposed employees are removed until precautions are taken.
Where it shows up on site
- Crews entering a trench first thing in the morning with no one checking it
- Water standing in the bottom after overnight rain
- Fissures or sloughing along the top edge
Verify on site before you call it
A photo rarely shows every fact a standard depends on. Confirm these in person before treating the condition as a violation:
- Who is the designated competent person for this excavation, and are they on site?
- Was an inspection done before the start of work today, and is it recorded?
- Has it rained, or has anything else happened, such as vibration or new surcharge loads, since the last inspection?
- Are employees expected to enter or work in the excavation?
Typical corrective actions
- Hold entry until the competent person inspects the excavation, adjacent areas and protective systems.
- Remove exposed employees where the inspection finds signs of cave-in, system failure or hazardous atmospheres.
- Reinspect after rain or other hazard-increasing events before work resumes.
- Keep a written record of each inspection, its time and findings.
Common questions
How often does OSHA require trench inspections?
Daily, under 1926.651(k)(1): before the start of work, as needed throughout the shift, and after every rainstorm or other hazard-increasing occurrence, whenever employee exposure can be reasonably anticipated.
Who is allowed to inspect a trench?
A competent person. Under 1926.32(f), that is someone capable of identifying existing and predictable hazards and who has authorization to take prompt corrective measures to eliminate them, including removing workers from the excavation.
Turn the observation into a notice
Record what the photo shows, confirm the on-site checks above, and identify the responsible company and due date. Use the fillable construction safety notice template or follow aworked example from observation to verified fix. Cirqify can draft the notice from your circled photo for you to review.
Related standards
This guide summarizes federal OSHA construction standards for general information. It is not legal advice. States with their own OSHA-approved plans may set different or additional requirements; see federal and state coverage.