1926.652(b)(3): Sloping and Benching From Tabulated Data
Employers who use this option must select sloping or benching designs from written tabulated data, such as tables and charts. The data must identify its parameters, limits of use and explanatory information, and a copy naming the registered professional engineer who approved it must be kept at the jobsite during construction of the protective system.
Key takeaways
- 1926.652(b)(3) is part of OSHA's construction standards (29 CFR Part 1926, Subpart P).
- OSHA cited it 19 times in the last 3 years, in 19 inspections, with $23,626 in current penalties.
- Most citations: TX (4), OK (2), AL (2).
- 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)(3) ("Option (3)—Designs using other tabulated data") 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
(3) Option (3)—Designs using other tabulated data. 19 citations
(i) Designs of sloping or benching systems shall be selected from and be in accordance with tabulated data, such as tables and charts. 4 citations
(ii) The tabulated data shall be in written form and shall include all of the following:
(A) Identification of the parameters that affect the selection of a sloping or benching system drawn from such data;
(B) Identification of the limits of use of the data, to include the magnitude and configuration of slopes determined to be safe;
(C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data.
(iii) At least one copy of the tabulated data which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request. Open (b)(3)(iii) 15 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.652.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 1 |
| 2024 | 10 |
| 2025 | 5 |
| 2026 | 3 |
Top states: TX (4), OK (2), AL (2), ND (2), WI (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| D GUERRA CONSTRUCTION LLC | SAN ANTONIO, TX | $9,844 |
| LONNIE LISCHKA COMPANY, L.P. | KATY, TX | $6,000 |
| LEFT COAST UTILITIES CORPORATION | SAFETY HARBOR, FL | $3,972 |
| DC CIVIL CONSTRUCTION | SAN ANTONIO, TX | $3,000 |
| CHEROKEE BUILDERS, INC. | JENKS, OK | $544 |
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OSHA interpretation letters
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)(1) Option (1)—Allowable configurations and slopes 19 citations
- 1926.652(b)(3)(iii) 15 citations
- 1926.652(b)(1)(i) 10 citations
- 1926.652(b)(4) Option (4)—Design by a registered professional engineer 2 citations
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Frequently asked questions
What must tabulated data include?
Identification of the parameters that affect selection, the limits of use of the data, and explanatory information needed to make a correct selection.
Does the data have to be at the jobsite?
Yes. At least one copy identifying the registered professional engineer who approved it must be kept at the jobsite during construction of the protective system.
What happens to the data after construction?
It may be stored off the jobsite, but a copy must be made available to the Secretary upon request.
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.