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Fall protection near residential foundation excavations

Summary A home-builders group asked about fall protection around residential basement excavations deeper than six feet. OSHA said the cited provision required protection only when the excavation was not readily visible because of vegetation or another visual barrier. It concluded typical visible foundation excavations did not trigger that provision.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1996-01-24-1
Date issued
January 22, 1996
Status
Active
Status last verified October 12, 2026

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January 22, 1996
Regina CB Solomon
Director
National Association of Home Builders
[Recipient address omitted]
Dear Ms. Solomon:
This is in response to your telefax of November 29, 1995 in which you request a clarification of the Occupational Safety and Health Administration (OSHA) position on the requirements for fall protection around residential basement foundation excavations deeper than six feet.
Please be advised that paragraph .501(b)(7) requires fall protection around excavations only when the excavations are not readily seen because of plant growth or other visual barrier. The typical house foundation excavation is not obscured from view and, therefore, OSHA does not require fall protection to be provided for employees working near such excavations.
If you require further assistance, please do not hesitate to contact either myself or Mr. Dale Cavanaugh of my staff at (202) 219-8136.
Sincerely,
Roy F. Gurnham, P.E., J.D.
Directorate of Construction

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

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