Washington State Seeks Input on New Excavation, Trenching, and Shoring Work Plan Rules

Quick Hits

• Washington’s Division of Occupational Safety and Health has moved to amend excavation, trenching, and shoring rules, with a focus on general protection requirements.
• The proposal would require employers to complete a written work plan for any trench excavation that requires a protective system and require a “competent person” to remain onsite any time trenching and evacuation work is being performed.
• Washington Department of Labor & Industries is holding in-person and virtual hearings to discuss the proposed language.

The proposed amendments come in response to DOSH’s inspection data, which revealed multiple fatalities and injuries related to excavation and trenching work in Washington state. 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,” DOSH believes the proposed rule changes will ensure better risk analysis and reduce the likelihood of fatalities and injuries in the future.

The proposed amendments, if implemented, will make two main changes to the existing standard:

1. Written Work Plan Requirement

• The amendments would add the definition of and requirement for a “written work plan” for any trench excavation that requires protective systems (such as support systems, sloping and benching systems, and other systems that provide protection from cave-ins).
  • The written work plan, which employers may either develop on their own or use the work plan developed by the Department of Labor & Industries, would have to address appropriate risk analysis and protective systems.
  • Employers would also be required to train and instruct employees on the items in the work plan prior to permitting entry into trench excavations.
  • The work plan would also have to “be available [for] on-site for inspection” by DOSH.

• Competent Person Requirement

• The change would implement a requirement for a “competent person” to remain onsite where trenching or excavation work is performed.

Next Steps

Washington employers conducting excavation, trenching, and shoring work may want to consider reviewing the draft work plan developed by Washington’s Department of Labor & Industries and consider how their current excavation controls, protective systems, and rescue protocols align with the proposed requirements.

The Department of Labor & Industries will hold in-person public hearings in Tukwila, WA, on February 20, 2026, and in Spokane Valley, WA, on February 11, 2026. A virtual hearing will be conducted on February 12, 2026. The department is also accepting comments on the proposed amendments until February 20, 2026.

Ogletree Deakins’ Seattle office and Workplace Safety and Health Practice Group will continue to monitor developments with respect to the implementation of the amendments and its impacts, and will post updates on the Construction, Washington State, and Workplace Safety and Health blogs as additional information becomes available.

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