Excavation and trenching - Minnesota

Minnesota operates an OSHA-approved State Plan covering most private sector workers and all state and local government workers. The Minnesota Occupational Safety and Health Administration (MNOSHA) is administered by the Minnesota Department of Labor and Industry.

Underground facilities

Minnesota maintains an excavation notice system that requires excavators to provide notice of a proposed excavation to a notification center which in turn transmits this notice to owners and operators of underground facilities in the area of the excavation so that the owner or operator can locate and mark their underground facilities and thereby prevent damage and possible disruption of service to consumers. The requirements of the excavation notice system are found in Minn. Stat. §§ 216D.01 -- 216D.09.

Hazardous excavations

If in any municipality, an excavation for building purposes is left open for more than six months without proceeding with the erection of a building, whether or not completed, or if any excavation or basement is not filled to grade or otherwise protected after a building is destroyed, demolished or removed, the governing body may order such excavation to be filled or protected or in the alternative that erection of a building begin immediately if the excavation is for building purposes.

The order will be served to the owner or the owner’s agent. If the owner of the land fails to comply with the order within 15 days after the order is served, the governing body must cause the excavation to be filled to grade or protected, and the cost will be charged against the real estate.