1926.651(j)(2): Keeping Materials Away from Excavation Edges
Employers must protect workers from excavated soil, materials or equipment that could fall or roll into an excavation. This is done by keeping them at least 2 feet from the edge, by using retaining devices that stop them from falling in, or both if needed.
Key takeaways
- 1926.651(j)(2) is part of OSHA's construction standards (29 CFR Part 1926, Subpart P).
- OSHA cited it 573 times in the last 3 years, in 571 inspections, with $2,881,819 in current penalties.
- 13 deaths are linked to inspections that cited this rule.
- Most citations: TX (51), FL (48), VA (28).
- Related part: 1926.651(j) Protection of employees from loose rock or soil (661 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.651(j)(2) 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
(2) Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. 573 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.651.
Injuries linked to this rule
13 deaths are linked to inspections where OSHA cited 1926.651(j)(2).
At 11:30 a.m. on February 28, 2025, Employee #1 and Employee #2 and Coworker #1 and Coworker #2 , were applying CTS Cement Rapid Set Mortar Mix on an exposed fieldstone foundation wall to reinforce the deteriorating wall. The crew was working inside a trench…
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 | 53 |
| 2024 | 205 |
| 2025 | 181 |
| 2026 | 134 |
Top states: TX (51), FL (48), VA (28), CO (23), MD (23)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| REVOLI CONSTRUCTION CO., INC | SOUTH YARMOUTH, MA | $182,064 |
| SOUND CONSTRUCTION INC. | STAMFORD, CT | $165,514 |
| THOMAS BUILDERS OF VIRGINIA, INC. | RUSTBURG, VA | $125,000 |
| QGS DEVELOPMENT INC. | PARRISH, FL | $68,096 |
| WAGNER CONSTRUCTION INC | MINOT, ND | $61,876 |
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A 5-minute crew talk on 1926.651(j)(2), plus alerts when this rule changes. Free.
OSHA interpretation letters
Related parts of this rule
- 1926.651(j) Protection of employees from loose rock or soil 661 citations
- 1926.651(j)(1) 88 citations
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Frequently asked questions
How far back must spoil piles be kept?
At least 2 feet from the edge of the excavation, unless retaining devices are used.
What else can be used besides distance?
Retaining devices sufficient to keep materials or equipment from falling or rolling into the excavation, or a combination of both.
Does this include equipment?
Yes. It covers excavated or other materials or equipment that could fall or roll in.
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.