1926.651(g)(1)(i): Testing Excavation Air
Where oxygen deficiency (less than 19.5 percent oxygen) or a hazardous atmosphere exists or could reasonably be expected, such as in landfill areas or near stored hazardous substances, the air in excavations greater than 4 feet deep must be tested before employees enter.
Key takeaways
- 1926.651(g)(1)(i) is part of OSHA's construction standards (29 CFR Part 1926, Subpart P).
- OSHA cited it 13 times in the last 3 years, in 13 inspections, with $27,724 in current penalties.
- Most citations: PA (3), AZ (2), TX (2).
- Related part: 1926.651(g) Hazardous atmospheres (19 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.651(g)(1)(i) 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
(i) Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmosphere exists or could reasonably be expected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before employees enter excavations greater than 4 feet (1.22 m) in depth. 13 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.651.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2024 | 6 |
| 2025 | 5 |
| 2026 | 2 |
Top states: PA (3), AZ (2), TX (2), NJ (2), AR (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| 159654 - UNITED OF CAROLINAS, INC. | CHARLOTTE, NC | $4,965 |
| HORSESHOE CONSTRUCTION, INC. | ANDREWS, TX | $4,840 |
| LUIS ROLDAN | JONESBORO, AR | $4,839 |
| TRETO CONSTRUCTION, LLC | CASPER, WY | $3,457 |
| K.S. KONOPKA, LLC | IRVINGTON, NJ | $2,837 |
Free toolbox talk
A 5-minute crew talk on 1926.651(g)(1)(i), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.651(g)(1)(i).
Related parts of this rule
- 1926.651(g) Hazardous atmospheres 19 citations
- 1926.651(g)(1) Testing and controls 16 citations
- 1926.651(g)(2)(i) 3 citations
- 1926.651(g)(2) Emergency rescue equipment 3 citations
- 1926.651(g)(2)(ii)
- 1926.651(g)(1)(iii)
Get your crew competent
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Frequently asked questions
What is oxygen deficiency in an excavation?
An atmosphere containing less than 19.5 percent oxygen.
When must excavation air be tested?
Before employees enter excavations greater than 4 feet deep where a bad atmosphere exists or could reasonably be expected.
What are examples of risky locations?
Excavations in landfill areas or where hazardous substances are stored nearby.
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 2026-10-19
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.