Trenching & Excavation Plan Rulemaking

L&I is considering amendments to the excavation, trenching, and shoring rules in Chapter 296-155 WAC.

See all the rulemaking activity for Trenching Rescue & Excavation on our L&I Rulemaking page.

Status

DOSH is proposing to amend WAC 296-155-655, General protection requirements, under chapter 296-155 WAC, Safety standards for construction work, Part N Excavation, trenching, and shoring, to require employers to complete a written work plan detailing appropriate risk analysis and prior to beginning any work that requires a protective system. Definitions applicable to the chapter were moved from WAC 296-155-650 to a new section, WAC 296-155-652.

Despite the existing requirement for employers to “ensure prompt and safe removal of injured employees from elevated work locations, trenches and excavations prior to commencement of work”, inspection data revealed multiple fatalities and numerous injuries related to excavation and trenching work in Washington. The conclusions of fatality investigations in recent years suggest that a better approach to risk analysis could serve greatly to reduce the likelihood of similar fatalities in the future.

DOSH filed a CR-102 (Proposed rulemaking) on January 6, 2026. Public Hearing details are listed under Tab 2 “Meetings & Timeline”.

Proposed amendments:

  • Add “Work Plan” to definitions.
  • Require a competent person to remain onsite any time trenching and excavation work is being performed.
  • Require completion of a written work plan (provided on the L&I website) for any trench excavation that requires a protective system under WAC 296-154-657(1)(a). Employers may also create their own work plan that meets the criteria outlined in the rule.
  • Address recordkeeping and training requirements of the work plan.

Learn more about our rulemaking process and terminology.

Background

Inspection data over the past several years show that excavation and trenching is uniquely hazardous work, and the failure to adequately plan for potential problems can result in catastrophic consequences. Between 2016 and 2020, there were multiple fatalities related to excavation and trenching work in Washington, in addition to numerous reported injuries.

DOSH believes that these fatalities and injuries are preventable, and that by amending existing rule language to ensure that employers regularly assess the condition of their worksite, formally document hazards and rescue procedures, and communicate with workers on site before work ever begins, there can be a substantial reduction in the likelihood of similar, preventable tragedies from occurring in the future.

Meetings & Timeline
Rulemaking Timeline
Activity Date
Filed CR-101 Preproposal Statement of Inquiry​​ June 22, 2021
Filed CR-102 Proposed Rulemaking​​ January 6, 2026​
Public Hearing - Tukwila​​ February 10, 2026​
Public Hearing – Spokane Valley​​ February 11, 2026​
Public Hearing - Virtual​/Telephone​ February 12, 2026​

Public Hearings

A pre-hearing overview will occur at 1:00 p.m. prior to each public hearing. The pre-hearing overviews will be an opportunity for L&I staff to provide a brief summary of the proposed rule language, and answer questions from the public prior to the start of each formal hearing. The public hearings will begin at 1:30 p.m. and will continue until all comments are received.

February 2026 Public Hearing Presentation

    Previous Stakeholder Meetings

    Rule Drafts & Documents

    Staff Contacts

    For rulemaking questions, please contact:
    Carmyn.Shute@Lni.wa.gov or 360-870-4525.

    For technical questions please contact:
    Teri.Neely@Lni.wa.gov or 360-490-3487.

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