Six-Foot Trench, Spoils at the Edge, and an Unlocated Fiber Line
Ridgeline Construction is adding a foundation for a two-story addition behind a 1950s home in Medford. The crew excavates a 6-foot-deep, 24-foot-long trench for the footing along the property line. The soil is sandy loam and it rained the night before. The spoil pile is placed 18 inches from the trench edge. A worker enters the trench to set forms without a protective system. The site supervisor has not received excavation competent-person training. No one called 811 before digging, and the crew hits an unmarked fiber-optic line at 3 feet. The neighbor says the line was installed last year. The crew stops work, but the supervisor tells the worker to get back in and finish the forms before the utility arrives.
1. Identify the Oregon OSHA excavation violations and the required protective measures.
Read the worked answer
Oregon OSHA excavation rules require a protective system for trenches 5 feet or deeper. This trench is 6 feet deep in sandy loam after rain, so sloping, shoring, or a trench box was required. A competent person must inspect the trench daily and before entry, and the supervisor here was not trained. Spoils must be kept at least 2 feet back from the edge; 18 inches is too close and adds surcharge. There must be a safe means of access and egress within 25 feet of travel, such as a ladder. The worker entering without protection is an immediate violation. The contractor should stop work, remove the worker, protect the trench, and have a competent person reassess the soil and water conditions before any re-entry.
2. What should have been done before excavation regarding utilities, and what immediate actions are required after the strike?
Read the worked answer
Before digging, the contractor should have called 811 and waited the required notice period, usually at least two business days, and then respected the locate marks and tolerance zone. The fact that the fiber line was installed last year makes the failure worse; a locate request would have identified it. After the strike, the crew should stop work, clear the area, and call the utility owner and 811. No one should re-enter the trench or handle the line. The contractor should notify the homeowner and document the strike. The supervisor's instruction to re-enter before the utility arrives is unsafe and should be refused. Depending on the utility, additional notifications may be required, and the contractor may face repair costs and penalties.
3. What are the GC's responsibilities for the competent person and for the worker who re-enters?
Read the worked answer
The general contractor is responsible for site safety and for assigning a competent person with authority to stop work. It cannot delegate that duty away by blaming the supervisor. The GC should verify training, provide a written excavation plan, and enforce stop-work authority. Telling the worker to re-enter the trench after a utility strike and before protection is serious misconduct and could support an Oregon OSHA willful violation, a workers' comp claim, and discipline. The worker has the right to refuse unsafe work. The GC should also check whether the utility line was properly located and whether the trench needs to be backfilled or shored. If the worker is injured, the GC's workers' comp and liability exposure increases.