1926.652(a)(1): Cave-in protection required (stable rock and 5-foot exceptions)
Each employee in an excavation must be protected from cave-ins by an adequate protective system designed under paragraph (b) or (c), unless the excavation is made entirely in stable rock, or it 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) is part of OSHA's construction standards (29 CFR Part 1926, Subpart P).
- OSHA cited it 1,512 times in the last 3 years, in 1,483 inspections, with $15,578,409 in current penalties.
- 26 deaths are linked to inspections that cited this rule.
- Most citations: TX (138), IL (86), OH (78).
- 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) is one requirement inside 1926.652 Requirements for protective systems, an OSHA construction standard (Part 1926, Subpart P). It includes 2 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
(1) Each employee in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section except when: 1,512 citations
(i) Excavations are made entirely in stable rock; or
(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. Open (a)(1)(ii) 10 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.652.
Injuries linked to this rule
26 deaths are linked to inspections where OSHA cited 1926.652(a)(1).
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 |
|---|---|
| 2023 | 130 |
| 2024 | 507 |
| 2025 | 514 |
| 2026 | 361 |
Top states: TX (138), IL (86), OH (78), FL (77), NY (73)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| REVOLI CONSTRUCTION CO., INC | SOUTH YARMOUTH, MA | $1,853,614 |
| WAGNER CONSTRUCTION INC | MINOT, ND | $928,128 |
| GIANT CONSTRUCTION CORPORATION | BARRIGADA, GU | $478,875 |
| A. LAMP CONCRETE CONTRACTORS, INC. | WINNETKA, IL | $165,514 |
| SOUND CONSTRUCTION INC. | STAMFORD, CT | $165,514 |
Free toolbox talk
A 5-minute crew talk on 1926.652(a)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Protective system requirements for excavations that will not be entered by employees. (2009-10-13)
- Permissibility of using average excavation depth to determine protective system requirements for the excavation. (2004-09-30)
- Excavations may be shored with wooden shoring. (1999-10-15)
Related parts of this rule
- 1926.652(a) Protection of employees in excavations 1,521 citations
- 1926.652(a)(1)(ii) 10 citations
Get your crew competent
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Frequently asked questions
Is a 4-foot trench automatically safe?
No. It is exempt only if a competent person examines the ground and finds no indication of a potential cave-in.
What counts as a protective system?
A system designed under 1926.652(b) (sloping and benching) or (c) (support, shield and other systems).
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.