1926.651(k)(2): Remove Workers From Hazardous Excavations
Where the competent person finds evidence of a possible cave-in, signs that protective systems are failing, hazardous atmospheres or other hazardous conditions, exposed employees must be removed from the hazardous area until the necessary precautions are taken to ensure their safety.
Key takeaways
- 1926.651(k)(2) is part of OSHA's construction standards (29 CFR Part 1926, Subpart P).
- OSHA cited it 152 times in the last 3 years, in 151 inspections, with $782,527 in current penalties.
- 3 deaths are linked to inspections that cited this rule.
- Most citations: MD (24), TN (18), IN (12).
- Related part: 1926.651(k) Inspections (739 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.651(k)(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) 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. 152 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(k)(2).
At 2:45 p.m. on June 25, 2024, an employee working for a paving contractor was in the trench adjusting and preparing to lay a 12-inch culvert for a catch basinThe wall adjacent to the trench collapsed on the employee. The employee died from multiple blunt…
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 | 13 |
| 2024 | 49 |
| 2025 | 58 |
| 2026 | 32 |
Top states: MD (24), TN (18), IN (12), OH (9), IL (8)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| CPX2026XJW184X0206 - B & F CONTRACTING, INC. | PHOENIX, AZ | $137,411 |
| NORRIS BROS. EXCAVATING LLC | LA FOLLETTE, TN | $70,000 |
| A.D. PAOLINI LLC | WINTHROP, MA | $39,723 |
| WEIHE CONSTRUCTION INC | WESTFIELD, IN | $35,000 |
| GEORGE & LYNCH, INC. | MILLSBORO, DE | $26,811 |
Free toolbox talk
A 5-minute crew talk on 1926.651(k)(2), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.651(k)(2).
Related parts of this rule
- 1926.651(k) Inspections 739 citations
- 1926.651(k)(1) 587 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
When must workers get out of a trench?
When the competent person finds evidence of a possible cave-in, protective system failure, hazardous atmospheres or other hazardous conditions.
When can they go back in?
After the necessary precautions have been taken to ensure their safety.
Who makes this call?
The competent person who finds the evidence of the hazardous condition.
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.