1926.651(i)(3): Do Not Undermine Sidewalks and Pavement
Employers must not undermine sidewalks, pavements and appurtenant structure unless a support system or another method of protection is provided to protect employees from their possible collapse.
Key takeaways
- 1926.651(i)(3) is part of OSHA's construction standards (29 CFR Part 1926, Subpart P).
- OSHA cited it 75 times in the last 3 years, in 75 inspections, with $367,501 in current penalties.
- 3 deaths are linked to inspections that cited this rule.
- Most citations: IL (8), TX (8), OH (7).
- Related part: 1926.651(i) Stability of adjacent structures (117 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.651(i)(3) is one requirement inside 1926.651 Specific excavation requirements, an OSHA construction standard (Part 1926, Subpart P). The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(3) Sidewalks, pavements, and appurtenant structure shall not be undermined unless a support system or another method of protection is provided to protect employees from the possible collapse of such structures. 75 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.651.
Injuries linked to this rule
3 deaths are linked to inspections where OSHA cited 1926.651(i)(3).
At 12:00 p.m. on February 5, 2025, Employee #1 was working inside an excavationreplacing a concrete pipe with a PVC pipe when the wall of the excavation caved in. The excavation was over 5 feet in depth and there was no protective system in use.…
Full case list with employer, penalty, filters and download is part of OSHA Data (Purple Belt).
Unlock with Purple BeltWhere and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 4 |
| 2024 | 26 |
| 2025 | 30 |
| 2026 | 15 |
Top states: IL (8), TX (8), OH (7), NY (5), KY (5)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| RLA UTILITIES LLC | CINCINNATI, OH | $16,550 |
| RFX2024XRS480X0132 - MARRS CONSTRUCTION, INC. | GOODYEAR, AZ | $16,134 |
| A. LAMP CONCRETE CONTRACTORS, INC. | WINNETKA, IL | $15,322 |
| RODRIGUEZ MECHANICAL CONTRACTORS, INC. | SAINT JOSEPH, MO | $14,518 |
| LAS VEGAS PAVING CORPORATION | LAS VEGAS, NV | $14,518 |
Free toolbox talk
A 5-minute crew talk on 1926.651(i)(3), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.651(i)(3).
Related parts of this rule
- 1926.651(i) Stability of adjacent structures 117 citations
- 1926.651(i)(1) 32 citations
- 1926.651(i)(2) 10 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
Can we dig under a sidewalk?
Only if a support system or another method of protection protects employees from possible collapse.
What structures are covered?
Sidewalks, pavements and appurtenant structure.
Why is undermining dangerous?
The structure could collapse onto employees.
About this page
Sources
- 29 CFR 1926.651 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-20
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.