What Our New York Construction Accident Lawyers Want You to Know About Excavation and Trench Safety
As an excavation worker, you know the dangers of working in an unprotected trench all too well. Cave-ins can happen in seconds, burying you under thousands of pounds of soil before you have time to react. If you're lucky, you'll escape with only broken bones or suffocation injuries. In a worst-case scenario, your family will be left to mourn as they struggle to pay for your funeral.
At Hofmann & Schweitzer, we believe every construction worker has the right to return home safely at the end of their shift. Our New York construction accident lawyers have been fighting for the rights of excavation crews for over 40 years, and we want to make sure you understand the excavation and trench safety rules that can save your life and how to protect your future if you’re hurt.
Protective Systems: Your First Line of Defense Against Trench Collapse
An excavation project starts with a look at the type and stability of the soil. This soil analysis helps determine if trench boxes, sloping, benching, shoring, or shielding are needed to prevent cave-ins once the trench depth reaches five feet or more.
The Occupational Safety and Health Administration (OSHA) requires protective systems for trenches five feet deep or greater. However, a competent person might determine that a protective system is necessary in shallower trenches with unstable soil conditions. If an excavation is 20 feet deep or greater, a registered professional engineer must approve the protective system.
OSHA recognizes three primary types of protective systems that can be used alone or in combination to prevent trench collapse:
- Sloping. Sloping involves cutting the trench walls back to a safe angle based on soil type. For example, a trench in stable rock may only require vertical walls, while a trench in granular soil might require walls to be sloped at a 45-degree angle.
- Shoring. Shoring systems use supports to prevent soil movement and cave-ins.
- Shielding. Trench shields or trench boxes protect workers by being placed in a trench to prevent the sides from caving in.
12 NYCRR Section 23-4.4 also requires a person in excavation to be protected by sheeting, shoring, or bracing if the excavation site is not protected by sloping.
Confined Space Entry and Exit
Workers should never enter an unprotected trench, even for a quick task. 12 NYCRR Section 23-4.3 requires employers to provide ladders, stairways, ramps, or other safe means of access and egress when workers are in trenches three feet deep or deeper. These devices must be located within 25 feet of all workers.
Beware of Atmospheric Hazards in Confined Spaces
Trench or excavation work can also qualify as confined space work if the work area is enclosed, making it difficult for workers to exit and exposing them to atmospheric hazards. To determine if an excavation site is a confined space, consider things such as:
- The depth of the trench
- Whether there are limited means of access or egress
- If it is prone to cave-ins
In confined spaces, hazardous atmosphere risks such as oxygen deficiency, toxic gases, or flammable vapors must be considered. Contained space excavations must be tested for oxygen content, flammability, toxicity, or other factors that could impair a worker's ability to self-rescue. Rescue equipment such as safety harnesses, lifelines, and basket stretchers should be available where hazardous atmospheric conditions exist or may develop during work.
Safe Equipment Operation
Excavators, backhoes, trenchers, and other heavy equipment are essential for many trenching operations. However, they can also pose severe risks to operators and ground crew members from struck-by incidents, rollovers, electrocutions, and other hazards.
12 NYCRR Section 23-9.5 explains the regulations for excavating machines. According to this regulation:
- Excavating machines should not be used in unstable conditions. To prevent unstable conditions, stable footings must be provided.
- If a machine operator is at risk of being hurt by overhead hazards, the operator must be protected with a cab or equivalent cover.
- Only designated people can operate excavating machines.
- Excavating machines near power lines or facilities must comply with all applicable safety requirements
- Material shall not be pushed manually into the path of a trenching machine
- The operator of an excavating machine shall not leave the controls until the bucket is lowered or the blade is in firm contact with the ground or a grade surface.
- Mobile power-operated excavating machines, except for crawler-mounted equipment, must have an approved warning device installed so that a warning sound automatically occurs when the machine backs up.
Under 12 NYCRR Section 23-1.5, employers and contractors are also obligated to provide safe working conditions, personal protective equipment, and compliant safety devices.
While these safety rules can help prevent trench collapses and excavation accidents, we know that site owners, contractors, and subcontractors don't always follow the law. You may be entitled to compensation if you've been hurt in a trenching accident.
