City of Panhandle, TX TRENCH SAFETY

Permit Required; Trench Safety Systems.

Any person who excavates a trench which exceeds a depth of five feet (5') within the City of Panhandle or within the city’s extraterritorial jurisdiction and requires a trench safety system under this article shall obtain a Trench Excavation permit from the City of Panhandle. Failure to obtain a permit or to comply with the trench safety requirements of this article shall constitute an offense punishable by a fine in accordance with the general penalty provision in Section 1.109 of this code.

A trench safety system shall be provided in any excavation which exceeds a depth of five feet (5') if any person is required or allowed to enter said excavation for any reason or may be otherwise exposed to cave-ins. A trench safety system shall also be required in an excavation of less than five feet (5') if soil instability or a danger of ground movement exists. The types of trench safety systems currently allowed include shoring, bracing, solid shoring, sloping of the ground and trench shields.

Definitions.

Angle of Repose.

The maximum angle with the horizontal plane at which a mass of soil material, as in a cut of embankment, will lie without sliding.

Engineer.

A registered professional engineer licensed to practice in the State of Texas.

Excavation.

A manmade cavity in the earth’s surface formed by earth removal, except in an excavation regulated by Articles 6053-1, 6053-2, Revised Statutes of Texas.

OSHA.

Occupational Safety and Health Administration of the United States Department of Labor.

OSHA Standards.

The requirements and specifications of Subpart P, Excavation, Trenching and Shoring, Table P-1 and P-2 of the Occupational Safety and Health Administration construction standards, 29CFR 1926/1910, as from time to time may be amended, or revised, which are adopted by reference as if fully set out herein.

Trench.

An excavation of fifteen feet (15') or less width in which, in general, the depth is greater than the width, except a trench regulated by Articles 6053-1, 6053-2 Revised Statutes of Texas.

Trench Safety System.

Organized or established procedures and physical actions planned and prepared by an engineer to facilitate the occupational and worker safety of trench excavations. A trench safety system may include shoring, bracing, sloping of trench sides, trench safety shields, or any procedure, policy or mechanical device to insure the safety that meets OSHA standards.

Trench Shield.

A shoring system composed of steel plates and braces rigidly fastened together to support the walls of a trench and which can be moved along the trench as work progresses.

Sheet Pile.

A pile, or sheeting, that may form one of a continuous interlocking line, or a row of timber, concrete, or steel piles, drive in close contact to provide a tight wall to resist the lateral pressure of water, adjacent earth or other materials.

Stringers, Wales.

The horizontal members of a shoring system whose sides bear against the uprights or earth.

Trench Jack.

Screw or hydraulic type jacks used as cross bracing in a trench shoring system.

Uprights.

The vertical members of a shoring system.

(1993 Code of Ordinances, Appendix 3)

§ 3.903 Permit Requirements.

To obtain a trench excavation permit, the applicant shall furnish two (2) copies of engineering plans and specifications prepared and scaled by an engineer. Plans and specifications shall be of sufficient clarity to indicate the scope, extent and details of all work proposed, including:

Description of all work to be performed, along with an accurate, detailed schedule of construction;

Description of the land on which the work is to be performed by legal description, street address or similar description that shall readily identify the project location;

(3)

Details of the route, width and depth of the trench, description and analysis of types of soils and locations of adjacent structures and installations both above and below the ground;

(4)

Engineering details of the Trench Excavation including but not limited to plan and profile sheets, soil analysis, design computations and excavated material storage;

(5)

Details of the trench safety system, including methods and equipment for excavation, construction, installation and worker safety;

(6)

For excavations having sloped trenched sides, soil testing laboratory reports determining the maximum angle of repose. For testing purposes, core samples are required no less than each seven hundred (700) linear feet of trench length; and

(7)

Any other OSHA Standards pertinent to proper completion of said project.

Plans, specifications, and reports submitted for permit shall bear the name, seal, and registration number of an engineer and contain the following certificate:

“I hereby certify that these plans and accompanying specifications or these engineering works were prepared by me, or under my direct supervision, in accordance with OSHA and City of Panhandle Trench Excavation And Construction Safety Standards and Requirements.”

___________________________

Signature and Registration Number

(c)

Fees for each trench excavation permit as set out in Section 3.907 shall be paid prior to the initiation of work.

(d)

The bid documents and the contract authorizing the work for which a trench excavation permit is required shall include, in addition to the plans and specifications for the trench safety system, a separate pay item for the trench safety system.

(1993 Code of Ordinances, Appendix 3)

§ 3.904 Materials.

Materials used for sheeting, sheet piling, cribbing, bracing, shoring, and underpinning shall be in good serviceable condition, and timers shall be sound, free from large or loose knots, and of proper dimensions, as called for in the OSHA Construction Standards, Subpart P, Table P-2, which is on file with the city and is made part hereof. Defective materials or equipment may not be used and shall immediately be removed from the job site.

Steel trench shields shall be constructed of steel plate welded or bolted to a rigid steel framework and include the following minimum protective measures:

Trench shields shall be constructed in a manner that provides protection at a minimum equal to sheeting or shoring required for trench safety construction;

Adjustable jacks that meet or exceed the rigidity requirements of OSHA Standards and this article may be used;

(3)

An access ladder shall be provided at the midpoint or center of the trench shield for ingress-egress;

(4)

Runners or wheels may be installed or incorporated under the trench shield side walls for ease of movement;

(5)

Lifting eyes shall be welded to the trench shield to provide ease of lifting;

(6)

When the side walls of a trench extend above the sides and top of the trench shield, a reinforced steel roof with access doors or hatches shall be installed; and

(7)

Continuous forced, fresh air ventilation shall be mandatory for fully enclosed trench shields.

(1993 Code of Ordinances, Appendix 3)

§ 3.905 Special Requirements.

Construction requiring trenching shall meet or exceed the minimum OSHA Standards and requirements of this article as may from time to time be amended and which are incorporated by reference as if fully set out herein;

A trench safety system shall be installed in a true or level horizontal position, shall be bottomed in the trench, shall be properly spaced vertically and shall be secured to prevent sliding, falling, or kickouts;

(c)

Any evidence of a change in soil conditions shall be corrected immediately.

(d)

Water shall not be allowed to accumulate within a trench and shall be diverted prior to entry or removed immediately after entry;

(e)

Trench excavations shall have an exit every twenty-five (25) linear feet, at minimum, which is anchored in place to withstand the combined weight of individuals working in the trench;

(f)

Excavated soil material shall be removed not less than two feet (2') from the edge or side walls of the trench;

(g)

A trench excavated within or adjacent to previously disturbed soil shall be classified as unstable and shall require special safety precautions shall be included as part of the plans and specifications submitted for the Trench Excavation Permit; and

(h)

Heavy equipment shall not operate in the area between a new trench and adjacent previously disturbed soil when individuals are in said trench or otherwise exposed to cave-ins.

(1993 Code of Ordinances, Appendix 3)

§ 3.906 Permit Holder/Contractor Requirements.

Compliance with OSHA Standards and requirements of this article shall be the responsibility of the permit holder or contractor, or both. As part of said compliance, the permit holder or contractor, or both, shall:

Inspect and maintain for soundness and adequacy on a regular basis, the trench safety system and its associated materials, equipment, and environment.

Have daily inspections of excavation made by a competent person, and if evidence of possible cave-ins, slides, or changing soil conditions in instability is apparent, all work in the excavation shall cease until the necessary precautions in the excavation shall cease until the necessary precautions have been taken to safeguard the employees and the public.

(3)

Document each inspection and maintenance procedure in writing with said record kept for immediate review on the job site. Each recorded entry shall include the date, time, person’s name performing the task and results of said inspection or maintenance action performed.

(4)

The contractor shall indemnify and hold harmless the city, its employees and agents from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this contract. The contractor acknowledges and agrees that this indemnity provision provides indemnity for the city in case the city is negligent either by act or omission in providing for trench safety, including, but not limited to inspections, failure to issue stop work orders, and the hiring of the contractor.

The permit holder or contractor, or both, shall in no way be relieved of responsibility for trench safety, notwithstanding any inspections, reports, suggestions or complaints of city employees, agents, engineers, or building officials. The city may, from time to time, report violations of OSHA requirements to OSHA and to the job superintendent. All supervisory personnel of contractors and permit holders are encouraged to become familiar with OSHA requirements for trench safety.

(1993 Code of Ordinances, Appendix 3)

§ 3.907 Fees for Trench Excavation Permits.

Trench Length	Inside City	Outside City
250 linear feet or less	$10.00	$20.00
251 to 1,000 linear feet	$20.00	$40.00
1,001 linear feet or longer	$50.00	$100.00

(1993 Code of Ordinances, Appendix 3)

§ 3.908 Penalty.

Any person who violates any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine in accordance with the general penalty provision in Section 1.109 of this code. Each such violation shall be considered a separate offense to no greater or lesser degree than another violation of a provision of this article. Each day any violation exists shall constitute a separate offense. A director, officer, employee, or other person authorized to act in behalf of a corporation or association having responsibility for the discharge of a duty to act imposed by law on a corporation or association is criminally responsible under this chapter.