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Excavation protection and an error in OSHA safety materials

Summary A construction safety administrator pointed out an error in an OSHA accident-prevention sheet. OSHA agreed that its excavation rule did not require a trench to reach a minimum length before protective systems could be required, and said it would correct the old sheet.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1993-07-16
Date issued
July 16, 1993
Status
Active
Status last verified October 9, 2026

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About this page: The full text below is the official document from Occupational Safety and Health Administration (OSHA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

July 16, 1993

Mr. B. F. Brislenn, P.E.,
C.H.C.M. Construction
Safety Administrator
Walt Disney World Company
[Recipient address omitted]
Dear Mr. Brislenn:

This is in response to your March 12 letter concerning an error in the Occupational Safety and Health Administration publication of Fatal Facts No. 61.

You are correct in noting that our current excavation standard (1926.652(a)) does not specify a minimum length that an excavation must be before a protective system is required. This Fatal Facts sheet was developed from a report of an accident that occurred before the new excavation standards became effective. The reference to a trench 8 feet or longer originated from the language of the older standard and should have been deleted in Fatal Facts No. 61.

Thank you for bringing this to our attention. We are working to correct this error in future printings of this publication and apologize for any inconvenience this may have caused.

Sincerely,
Roy G. Gurnham, Esq., P.E. Director
Office of Construction and Maritime
Compliance Assistance

[Requester letter reproduced on OSHA page; omitted here.]

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