1926.652(b): Designing Sloping and Benching Systems
Employers must select and build excavation slopes and benches using one of four options. Option 1 allows slopes no steeper than 1 1/2 horizontal to 1 vertical (34 degrees) shaped like Type C soil slopes; the other options use Appendices A and B, written tabulated data such as tables and charts, or paragraph (b)(4).
Key takeaways
- 1926.652(b) is part of OSHA's construction standards (29 CFR Part 1926, Subpart P).
- OSHA cited it 114 times in the last 3 years, in 113 inspections, with $595,628 in current penalties.
- Most citations: TX (32), NV (11), PA (7).
- Related part: 1926.652(b)(2) Option (2)—Determination of slopes and configurations using Appendices A and B (28 citations).
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In this article
What this rule covers
29 CFR 1926.652(b) ("Design of sloping and benching systems") is one requirement inside 1926.652 Requirements for protective systems, an OSHA construction standard (Part 1926, Subpart P). It includes 18 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
(b) Design of sloping and benching systems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of paragraph (b)(1); or, in the alternative, paragraph (b)(2); or, in the alternative, paragraph (b)(3), or, in the alternative, paragraph (b)(4), as follows: 114 citations
(1) Option (1)—Allowable configurations and slopes. Open (b)(1) 19 citations
(i) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below. Open (b)(1)(i) 10 citations
(ii) Slopes specified in paragraph (b)(1)(i) of this section, shall be excavated to form configurations that are in accordance with the slopes shown for Type C soil in appendix B to this subpart. 8 citations
(2) Option (2)—Determination of slopes and configurations using Appendices A and B. Maximum allowable slopes, and allowable configurations for sloping and benching systems, shall be determined in accordance with the conditions and requirements set forth in appendices A and B to this subpart. Open (b)(2) 28 citations
(3) Option (3)—Designs using other tabulated data. Open (b)(3) 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
(4) Option (4)—Design by a registered professional engineer. Open (b)(4) 2 citations
(i) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under paragraph (b) of this section shall be approved by a registered professional engineer. 2 citations
(ii) Designs shall be in written form and shall include at least the following:
(A) The magnitude of the slopes that were determined to be safe for the particular project;
(B) The configurations that were determined to be safe for the particular project; and
(C) The identity of the registered professional engineer approving the design.
(iii) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Secretary upon request.
Source: eCFR, text current as of 2026-10-15. Read all of 1926.652.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 5 |
| 2024 | 44 |
| 2025 | 43 |
| 2026 | 22 |
Top states: TX (32), NV (11), PA (7), AK (4), SD (4)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| JOHN W. GLEIM JR. INC | SHIPPENSBURG, PA | $33,100 |
| NORTHTEX CONSTRUCTION, LLC | TEXAS CITY, TX | $17,189 |
| JSC SERVICES, LLC | IOWA COLONY, TX | $16,550 |
| JORDAN FOSTER CONSTRUCTION, LLC | EL PASO, TX | $16,000 |
| INDEPENDENCE EXCAVATING, INC. | ASHBURN, VA | $15,875 |
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A 5-minute crew talk on 1926.652(b), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Regulations governing sloping and benching systems for excavations. (2013-05-02)
- Can a person who qualifies as a "competent" person under one section of support P also qualify as a competent designer of structural ramps under 1926.651(c)(1)(i)?. (2010-07-01)
- 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)
- Registered professional engineer approval requirements for combination trench shield and sloping system trenches with a depth greater than 20 feet. (2003-12-22)
- Registered professional engineer approval requirements for manufactured trench protection systems deeper than 20 feet. (2003-01-16)
- Requirements to prevent trench collapse during sheet-pile operations. (2000-10-17)
- Trench shield must extend 18" above excavation walls when below grade. (2000-08-10)
- Classification of soils for providing protective systems in excavations. (1992-03-10)
Related parts of this rule
- 1926.652(b)(2) Option (2)—Determination of slopes and configurations using Appendices A and B 28 citations
- 1926.652(b)(3) Option (3)—Designs using other tabulated data 19 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 is the default maximum slope for an excavation?
Not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless another option is used.
Who selects the sloping or benching system?
The employer or the employer's designee.
What must tabulated data include if used?
The parameters that affect selection, the limits of use including safe slope configurations, and explanatory information to help make a correct selection.
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.