NV OSHA Issues Guidance For Excavation And Trenching Work

On January 30, 2024, the Nevada Occupational Safety and Health Administration (NV OSHA) issued a Letter of Interpretation addressed to employers in the excavation and trenching industries. This guidance provides NV OSHA’s interpretation of an employer’s responsibilities under the federal regulation setting forth excavation standards, specifically the standards related to protective systems. 

The Chief Administrative Officer of NV OSHA explains that “when an employer relies on a protective system under 29 CFR 1926.652(b)(4), consisting of sloping and benching systems designed by a registered professional engineer during the scope of excavation activities, the employer is responsible for ensuring that the content of the design plan is in compliance with 29 CFR 1926.652(b)(4)(i) – 29 CFR 1926.652(b)(4)(iii).”  

The guidance outlines the employer’s responsibilities when constructing protective systems based on the design of a professional engineer. It also explains what a compliance officer will look for during an inspection and provides additional resources for employers. 

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