Excavation and trenching - South Carolina

South Carolina operates an OSHA-approved State Plan covering most private sector workers and all state and local government workers. South Carolina OSHA (SC OSHA) is part of the South Carolina Department of Labor, Licensing, and Regulation.

SC OSHA has identically adopted federal OSHA standards and regulations but has adopted the following unique standards with regards to excavations.

Underground facilities

Under South Carolina’s Underground Facility Damage Prevention Act (S.C. Code Ann. §§ 58-36-10 -- 58-36-120), any excavator in South Carolina must give prior notice to an association of underground facilities operators of their intent to excavate. The operators are then given notice by the association to locate and mark their facilities in the area of the proposed excavation to prevent damage to facilities, interruption of service, or injury to excavation workers. “Facility” means any underground line, system, or infrastructure used for producing, storing, conveying, transmitting, or distributing communication, electricity, gas, petroleum, petroleum products, hazardous liquids, water, steam, or sewage.

Minimum standards of environmental protection and land reclamation

In all excavation of rock, provisions for safety to persons and to adjoining property must be provided including, but not limited to the following:

Fencing requirement. Fencing may be required at any excavation in rock which exceeds 20 feet in depth. Fencing along “natural barriers” such as swamps, rivers, and salt marsh may not be required. Fencing along sides of quarries on natural slopes or where no highwall is present may be required to discourage access to the base of highwalls present in other parts of the quarry. Cultural or other barriers including, but not limited to, rock barricades, elevated roadways, railroads and building facades may be acceptable to the Department.

Types of fencing. The type of fence required by the Department depends primarily on the location of the excavation. The types of fences which may be required are woven wire, barbed wire, chain link, or a combination of the three. Woven and barbed wire fences are generally suitable for rural areas with no adjacent development. Chain link fences are suitable generally for urbanized or heavily developed areas. If the area adjacent to an excavation becomes urbanized after a fence suitable for a more remote location has been installed and accepted, upgrading of the fence may be required.

Criteria for approval of reclamation plan and completed land reclamation

• Minimum standards for final slopes in all excavations in soil, sand, gravel, or other unconsolidated materials. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials must be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land and may not be steeper than 3H:1V, unless approved by the Department.
• Minimum safety standards for excavations.
  • Provisions for safety to persons and to adjoining property must be provided in all excavations. If deemed necessary by the Department, other appropriate provisions may be required, including but not limited to, fences, guardrails, sloping, warning signs, and other protective measures.
  • Safety to adjoining property must be provided by adequate setback, slope angles, or other provisions as deemed necessary by the Department. If necessary to provide safety, mine operators may be required to leave a minimum undisturbed buffer zone between the mine excavation and contiguous property line or highway right-of-way, unless other safety provisions are approved by the Department.

Permit required for excavating in highways not in the state highway system Any person desiring to make any excavation for any purpose in or across any road outside any incorporated city or town, not in the State highway system, must make and file with the county supervisor an application in writing for permission to make such excavation. The application must fully state the nature, purpose, extent and depth of the proposed excavation and must contain such further information as may be required by the supervisor.

Before such permission may be granted the applicant must execute and deposit in the office of the supervisor a good and sufficient bond of indemnity, or cash, in such sum as may be required to repair the road and restore it to as good condition as to foundation and surface as it was before being excavated.