Protective System Tab Data on the Jobsite

A commonly used protective system option as a protection from the hazard of cave-in is the second option listed in subpart P. This option includes shoring, shielding and other protective systems and is found in 1926.652.

There are three reasons for the requirement that the tab data must be on the job site or available. From the federal register we find that the reasons are:

First, OSHA is not convinced that these manufactured systems can be installed safely from memory.

Second, OSHA believes this data must be available in a reasonable amount of time to the competent person if site conditions change.

Finally, OSHA compliance staff cannot be familiar with every manufactured system that is on the market and must have some readily available means to verify that the system is being used properly if such a question arises during an inspection.

The rule reads as follows:

1926.652(c)(2)Designs Using Manufacturer's Tabulated Data.

?1926.652(c)(2)(i) Design of support systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all specifications, recommendations, and limitations issued or made by the manufacturer.

?1926.652(c)(2)(ii) Deviation from the specifications, recommendations, and limitations issued or made by the manufacturer shall only be allowed after the manufacturer issues specific written approval.

?1926.652(c)(2)(iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommendations, and limitations shall be in written form at the jobsite during construction of the protective system. After that time this data may be stored off the jobsite, but a copy shall be made available to the Secretary upon request.

Here is the full commentary from the federal register:

This second option allows the use of designs based on or drawn from a manufacturer's tabulated data. The manufactured systems generally addressed by the paragraph include metal hydraulic shoring and shields. In the past, manufacturers have developed tabulated data that indicated the conditions for which their various products could be used. A trend in the construction industry has been to rely more and more on protection systems that are manufactured products. The design of a particular product, such as a trench shield, can be highly complex and the final design can often be adapted to a variety of situations, but not to all situations. It is, therefore, incumbent on the employer to ascertain all criteria and limitations that the manufacturer specifies or recommends regarding the use of a particular product, and then to use the product accordingly.

An employer, then, is allowed a degree of discretion as far as choosing a particular product for use. OSHA believes the likelihood that manufactured products will be used in the manner intended will be enhanced if, the specifications and recommendations that the employer uses to select such products, including the limitations set by the manufacturer on their use, are required to be at the jobsite while the system is being constructed, and made available to the Agency upon request.

OSHA received one comment on these provisions and input from the ACCSH. The commenter (Ex. 4-106) objected to the requirement for retention of the manufacturer's specifications at the jobsite. The Agency disagrees with this commenter for several reasons.

First, OSHA is not convinced that these manufactured systems can be installed safely' from memory.

Second, OSHA believes this data must be available in a reasonable amount of time to the competent person if site conditions change.

Finally, OSHA compliance staff cannot be familiar with every manufactured system that is on the market and must have some readily available means to verify that the system is being used properly if such a question arises during an inspection. The ACCSH Tr. 8/5/87, pp. 522-523 recommended that these manufacturer's specifications be on site at all times while the excavation is open and be made available to employees, and employee representatives in addition to the Secretary. The Agency is not convinced that it is necessary for these specifications to be kept on-site at all times. OSHA believes that as long as a protective system is constructed in accordance with the specifications, and site conditions do not change, the specifications can be stored or used at another nearby site without decreasing' employee safety.

For more information on this and other excavation safety topics we invite you to check out Jon Preston’s Trench and Excavation Safety by the Book. This book is an excavation safety reference guide and contains the federal register for subpart P. It can be found at www.trenchandexcavationsafety.com