1926.652(a)(1)(ii): Shallow Trench Exception to Cave-In Protection
A protective system against cave-ins is not required when an excavation is less than 5 feet deep and a competent person's examination of the ground shows no indication of a potential cave-in.
Key takeaways
- 1926.652(a)(1)(ii) 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 $36,689 in current penalties.
- Most citations: MO (2), NY (2), VT (2).
- Related part: 1926.652(a) Protection of employees in excavations (1,521 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.652(a)(1)(ii) is one requirement inside 1926.652 Requirements for protective systems, 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
(ii) Excavations are less than 5 feet (1.52m) in depth and examination of the ground by a competent person provides no indication of a potential cave-in. 10 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.652.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2024 | 5 |
| 2025 | 1 |
| 2026 | 4 |
Top states: MO (2), NY (2), VT (2), NV (1), TX (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| NOTT'S EXCAVATING, INC. | WHITE RIVER JUNCTION, VT | $7,094 |
| STELLA UNDERGROUNG LLC | KANSAS CITY, MO | $6,452 |
| ESTES & GALLUP INC. | WHITE RIVER JUNCTION, VT | $5,675 |
| HARPER BROTHERS LLC | KANSAS CITY, MO | $4,839 |
| TBA CONSTRUCTION LLC | MECHANICSVILLE, VA | $4,820 |
Free toolbox talk
A 5-minute crew talk on 1926.652(a)(1)(ii), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Permissibility of using average excavation depth to determine protective system requirements for the excavation. (2004-09-30)
Related parts of this rule
- 1926.652(a) Protection of employees in excavations 1,521 citations
- 1926.652(a)(1) 1,512 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
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Frequently asked questions
Do trenches less than 5 feet deep need cave-in protection?
Not when examination of the ground by a competent person provides no indication of a potential cave-in.
Who decides if a shallow trench is safe?
A competent person must examine the ground.
Is depth alone enough to skip protection?
No. The excavation must be less than 5 feet deep and the competent person must find no sign of potential cave-in.
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 2026-10-19
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.