Contractors who install residential concrete foundations may have had problems in the past complying with the safety regulations enforced by OSHA, mostly for personnel safety in the excavation pits. As most contractors may know, worker protection in the form of sloping pit walls, placing trench boxes around workers, or shoring vertical pit walls is strictly enforced in any excavations greater than five (5) feet in depth. This requirement was especially troublesome for residential foundations for several practical reasons.
First, the foundation excavation walls would be difficult if not impossible to slope in subdivision developments due to the closeness of adjacent foundations. Second, placing trench boxes are impractical since the foundation formwork would interfere with the trench box supports. And finally,
shoring was impractical due to time constraints and economics. Foundation work is usually extremely fast-paced, and the “double work” of installing and removing shoring along with the formwork would add too much time in most subdivision work.
However, all this has radically changed. OSHA listened to the residential industry complaints and decided to rollback these excavation requirements. This was largely in part to a demonstration to OSHA of accident statistics that showed almost no injuries result from residential foundation cave-ins.
Therefore, on June 30, 1995 the U.S. Department of Labor – OSHA in Washington, D.C. issued a memorandum to all OSHA Regional Administrators announcing the “Suspension of regulation 29 CFR 1926.652 for House Foundations/ Basement Excavations”. In an effort to clarify this regulation suspension/exemption, the following information has been provided.
For references purposes, this regulation section – 29 CFR 1926.652 is the – Requirements for protective systems as found in Subpart P entitled “Excavations” of the Code of Federal Regulations for the construction industry. This section outlines the methods you are required to use for protection of employees working in an excavation such as; when and where protection is required, types of protection required (shoring, shielding, sloping and benching ), competent person responsibilities, etc.
The memorandum noted the following: “Effective immediately and until further notice, 29 CFR 1926.652 shall not be applied to house foundation/ basement excavations when all the following conditions are present.”
Note: This policy applies to all such house foundation/ basement excavations including those which become trenches by definition when formwork, foundations, or walls are constructed. This policy does not apply to utility excavations (trenches) where 29 CFR 1926.652 shall remain applicable.
Here are the following conditions:
The house foundation/basement excavation is less than seven and one-half feet in depth or is benched for at least two (2) feet horizontally for every five (5) feet or less of vertical height.
The minimum width (excavation face to formwork/wall) at the bottom of the excavation is as wide as practicable but not less than two (2) feet.
There is no water, surface tension cracks, nor other environmental conditions that reduce the stability of the excavation.
There is no heavy equipment operating in the vicinity that causes vibration to the excavation while employees are in the excavation.
All soil, equipment, and material surcharge loads are no closer in distance to the top edge of the excavation than the excavation is deep; however, when front end loaders are used to dig the excavations, the soil surcharge load shall be placed as far back from the edge of the excavation as possible, but not closer than two (2) feet.
Work crews in the excavation are the minimum number needed to perform the work.
The work has been planned and is carried out in a manner to minimize the time employees are in the excavation.
This memo of June 30, 1995 also noted “Background” information which noted:
“When promulgated, the regulations addressing excavations were intended to cover all excavations. OSHA believed that all the affected parties had sufficient time during the public comment period and the informal public hearing (a period of over one year) to raise any concerns as to problems that could be caused by the standard. All problems that were thus identified were resolved prior to the issuance of the final rule in October 1989. Since publication of the final rule, however, the issue of basement/ foundation excavations has been identified and questions have been raised concerning whether or not it is appropriate to apply the provisions to house foundation/ basement excavations. Therefore, the requirements dealing with cave-in protection should be suspended until the issue can be fully evaluated.”
In summary, if you are a homebuilder or contractor performing this type of work, the regulations outlined in this memo seem somewhat relaxed rather than entirely suspended. Although there are specific conditions that are required to be met, and if you are presently or are planning on implementing this relaxation of the previous regulations, be aware that the conditions listed in this memo have changed the regulation to such a degree that the potential for accidents, injuries, cave-ins, and fatalities, could be greater in some situations. Specifically, if you are practicing this revised 6/30/95 method for the sole purpose of cost/ time savings rather than for reasons by which it is intended, you are at greatest risk.