1926.652(b)(4): Option (4)—Design by a registered professional engineer
Key takeaways
- 1926.652(b)(4) is part of OSHA's construction standards (29 CFR Part 1926, Subpart P).
- OSHA cited it 2 times in the last 3 years, in 2 inspections, with $0 in current penalties.
- Related part: 1926.652(b) Design of sloping and benching systems (114 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.652(b)(4) ("Option (4)—Design by a registered professional engineer") is one requirement inside 1926.652 Requirements for protective systems, an OSHA construction standard (Part 1926, Subpart P). It includes 6 sub-paragraphs. 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
(4) Option (4)—Design by a registered professional engineer. 2 citations
(i) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under paragraph (b) of this section shall be approved by a registered professional engineer. 2 citations
(ii) Designs shall be in written form and shall include at least the following:
(A) The magnitude of the slopes that were determined to be safe for the particular project;
(B) The configurations that were determined to be safe for the particular project; and
(C) The identity of the registered professional engineer approving the design.
(iii) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Secretary upon request.
Source: eCFR, text current as of 2026-10-15. Read all of 1926.652.
Where and how often it was cited
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OSHA interpretation letters
- Regulations governing sloping and benching systems for excavations. (2013-05-02)
- Can a person who qualifies as a "competent" person under one section of support P also qualify as a competent designer of structural ramps under 1926.651(c)(1)(i)?. (2010-07-01)
- Registered professional engineer approval requirements for combination trench shield and sloping system trenches with a depth greater than 20 feet. (2003-12-22)
Related parts of this rule
- 1926.652(b) Design of sloping and benching systems 114 citations
- 1926.652(b)(2) Option (2)—Determination of slopes and configurations using Appendices A and B 28 citations
- 1926.652(b)(3) Option (3)—Designs using other tabulated data 19 citations
- 1926.652(b)(1) Option (1)—Allowable configurations and slopes 19 citations
- 1926.652(b)(3)(iii) 15 citations
- 1926.652(b)(1)(i) 10 citations
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About this page
Sources
- 29 CFR 1926.652 (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.