CSLB Law & Business ExamSafetyMedium

A contractor plans to excavate a trench that will reach 5 feet in depth for a sewer line installation. Before beginning the excavation, what must the contractor first obtain?

  1. AWritten approval from the property's homeowner's association
  2. BAn annual excavation permit from the Division of Occupational Safety and Health (Cal/OSHA)
  3. CNo permit is needed if the trench will be backfilled within 24 hours
  4. DA variance from the local building department only
Show answer & explanation

Correct answer: B. An annual excavation permit from the Division of Occupational Safety and Health (Cal/OSHA)

California Labor Code §6500 requires contractors performing excavations 5 feet or deeper to obtain a permit from Cal/OSHA before beginning work, regardless of how quickly the trench will be backfilled.

Why the other options are wrong

  • A. HOA approval relates to property matters, not safety permitting.
  • C. Backfill speed does not exempt a contractor from the permit requirement.
  • D. Building department variances address zoning/construction, not worker safety excavation permits.

Cal/OSHA Excavation Permit

Contractors must obtain a permit from Cal/OSHA under Labor Code §6500 before excavating a trench 5 feet or deeper.

  • Applies to trenches/excavations of 5 feet or more
  • Permit obtained annually, valid for a specified period
  • Required regardless of trench duration or backfill timing

Memory trick: Five feet down, get the permit found

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