1926.651(i)(2): Digging Below Foundations
Employers must not allow excavation below the base or footing of any foundation or retaining wall that could pose a hazard to employees unless a support system such as underpinning is provided, the excavation is in stable rock, or a registered professional engineer approves that the structure is unaffected or the work will not pose a hazard.
Key takeaways
- 1926.651(i)(2) is part of OSHA's construction standards (29 CFR Part 1926, Subpart P).
- OSHA cited it 10 times in the last 3 years, in 10 inspections, with $131,113 in current penalties.
- 2 deaths are linked to inspections that cited this rule.
- Most citations: NY (2), FL (2), PR (1).
- 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)(2) is one requirement inside 1926.651 Specific excavation requirements, an OSHA construction standard (Part 1926, Subpart P). It includes 4 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
(2) Excavation below the level of the base or footing of any foundation or retaining wall that could be reasonably expected to pose a hazard to employees shall not be permitted except when: 10 citations
(i) A support system, such as underpinning, is provided to ensure the safety of employees and the stability of the structure; or 4 citations
(ii) The excavation is in stable rock; or
(iii) A registered professional engineer has approved the determination that the structure is sufficently removed from the excavation so as to be unaffected by the excavation activity; or
(iv) A registered professional engineer has approved the determination that such excavation work will not pose a hazard to employees.
Source: eCFR, text current as of 2026-10-15. Read all of 1926.651.
Injuries linked to this rule
2 deaths are linked to inspections where OSHA cited 1926.651(i)(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 |
|---|---|
| 2024 | 5 |
| 2025 | 2 |
| 2026 | 3 |
Top states: NY (2), FL (2), PR (1), MA (1), UT (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| ALECKSSANDRO TOMAZ PEREIRA | HANSON, MA | $104,860 |
| QUALITY 1ST BASEMENT SYSTEMS, INC. | CATONSVILLE, MD | $7,750 |
| JEETA CONSTRUCTION CORP | JAMAICA, NY | $4,148 |
| CANDID CONNECTION INC. | FLUSHING, NY | $3,000 |
| SUPERIOR DEVELOPMENT INC | CEDAR CITY, UT | $2,800 |
Free toolbox talk
A 5-minute crew talk on 1926.651(i)(2), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.651(i)(2).
Related parts of this rule
- 1926.651(i) Stability of adjacent structures 117 citations
- 1926.651(i)(3) 75 citations
- 1926.651(i)(1) 32 citations
Get your crew competent
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Frequently asked questions
When is digging below a footing allowed?
Only when one of the four listed conditions is met.
What support is acceptable?
A support system, such as underpinning, that ensures employee safety and structure stability.
Who can approve that the structure is not affected?
A registered professional engineer.
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.