Employer must shore or otherwise protect employees who walk work at the base of an embankment from a possible collapse

May 21, 2003

W. E. Stader
Safety Consulting Services, Inc.
P.O. Box 21829
5007 Carriage Drive
Roanoke, VA 24018-0599

Re: Whether workers at the base of an embankment are required to be protected from a collapse hazard.

Dear Mr. Stader:

This is in response to your September 27, 2002, letter regarding employees walking or working along the base of an embankment. We apologize for the delay in responding.

We have paraphrased your question as follows:

Question: Scenario: at a construction site, workers often walk or work at the base of an embankment – in this case, soil has been piled onto flat ground to form a road bed. No reinforcing walls or shoring are used -- the soil is simply piled up to form a mound, which is leveled along its top. Also, there is no excavation of soil from the sides of the embankment. Under Federal OSHA requirements, does the employer have to shore the embankment or otherwise protect those workers who are at its base from a possible collapse?

Answer

Section 5(a)(1) of the Occupational Safety and Health Act (the "General Duty Clause") requires an employer to furnish to its employees:

• employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees . . . .

The answer to your question depends on whether there is a hazard of collapse posed by the embankment. Whether there is a hazard depends on a number of factors, such as: the type and condition of the soil, moisture, weather conditions, the degree of rise and height of the embankment, degree of compaction, type of material used for the base of the embankment, sources of weight and vibration (such as construction equipment) on the embankment, and the proximity of workers to the embankment.

Where one or more of these factors results in a potential for instability of the soil, there is a recognized hazard of collapse. In that case, under the General Duty Clause, the employer must either prevent workers from being in the danger area or adequately protect the employees, such as by shoring the embankment.

State-plan State

As you know, Virginia has an approved state OSHA program. The information above applies only to states covered by federal OSHA. States with their own plans may have additional standards or standards that are more stringent then the federal standards. If you have questions for the Virginia Department of Labor and Industry, you may contact them at:

Jeffrey Brown, Commissioner

Virginia Department of Labor and Industry

13 South 13th Street

Richmond, VA 23219

(804) 786-2377

If you need additional information, please contact us by fax at: U.S. Department of Labor, OSHA, Directorate of Construction, Office of Construction Standards and Guidance, fax # 202-693-1689. You can also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210, although there will be a delay in our receiving correspondence by mail.

Sincerely,

Russell B. Swanson, Director
Directorate of Construction