Construction Permits - Cal/OSHA

Federal OSHA does not issue permits for construction work. California does. Under Title 8, Section 341, certain high-hazard construction activities cannot legally start until the employer holds a permit from Cal/OSHA — a 5-foot trench someone has to enter, a building going up past 36 feet, a demolition of anything that tall, a tower crane going up or coming down. This Cal/OSHA Construction Permits Toolbox Talk covers which work needs a permit, the two kinds of permit, the 24-hour notice, and the one thing every crew member can check: the permit posted at the job.

Where the boundary of this talk sits#

This talk covers California's permit system. How to protect a trench, build a scaffold, erect steel, or run a demolition belongs to the trenching, scaffold, steel erection, and demolition talks. California's own trench rules beyond the permit belong to the Cal/OSHA trenching talk.

The anchor#

Here is the distinction that carries this whole talk: in California some work is a violation before anyone is ever in danger — a 5-foot trench a worker has to enter, or steel going up on a building that will pass 36 feet, is illegal the moment it starts without a Cal/OSHA permit — because the permit is what ties the job to an employer that has certified it knows the safety orders, and what tells Cal/OSHA where and when the work will happen; a crew working a permit job without a permit is working a job the state does not know exists.

Which work needs a permit#

Section 341(d) lists the construction activities that require a permit:

• Fixed tower cranes — to erect, raise or lower, or dismantle a fixed tower crane, the erector, climber, or dismantler holds a Project Permit.
• Underground diesel — to use a diesel engine underground in any mine or tunnel, each employer operating it holds a Project Permit.
• Demolition over 36 feet — to demolish or dismantle any building or structure more than 36 feet in height, the Project Administrator holds a Project Permit and every other employer directly doing demolition holds an Annual Permit.
• Structures intended to be over 36 feet when completed — for the following work, the Project Administrator holds a Project Permit and every other employer directly doing it holds an Annual Permit:
• erection and placement of structural steel, or of structural members made of other materials;
• installation of metal decking or decking of substitute materials;
• installation of curtain walls, precast panels, or fascia;
• forming or placement of concrete structures or concrete decks on steel structures;
• installation of structural framing, including roof framing, or panelized roof systems.
• Trenches and excavations — construction of trenches or excavations 5 feet or deeper into which any person is required to descend. Either an Annual or a Project Permit works.
• Tall scaffolding, shoring, and falsework — erection and placement of scaffolding, vertical shoring, or falsework intended to be more than 36 feet high when completed. Either permit works.

Two details catch people out. The 36-foot test for new structures is about the height when completed, not the height today — the steel crew on the second floor of a future six-story building needs the permit from the first column. And the trench test is about whether a person is required to descend into it. A 5-foot trench nobody enters is not a permit trench; a 5-foot trench a pipe layer has to climb into is.

Project permits and annual permits#

A Project Permit authorizes permit-required work at the specific location or locations named in it. The Project Administrator — the person or entity with overall onsite responsibility for planning, quality, management, or completion of a project involving the erection or demolition of the structure — holds it where the rule requires.

An Annual Permit lets a qualifying employer do the specified permit-required work at any jobsite for one year. Employers other than the Project Administrator who directly do permit-required work need one. Under Section 341(c)(2)(B), an annual permit holder must notify Cal/OSHA each time it begins permit-required activity at a new site.

The application includes a certification from the applicant's representative that they know the applicable occupational safety and health standards and will comply with them, and the work must be performed by the entity named in the permit. A permit cannot be borrowed from another company.

Twenty-four hours' notice#

Section 341.1 requires the notification to reach Cal/OSHA at least 24 hours before the permit-required activity begins. It is given by mail, personal delivery, fax, or email, and it states the location of the project and the date and time the work will start. That notice is how an inspector can be on site the morning the trench is opened or the first column is set.

The permit is posted#

Section 341.4 requires the employer to post a copy of the permit at or near each place of employment. Where posting at an excavation site is not practical, the permit is kept available at the location. That makes the permit the one part of this system a crew member can verify for themselves. If the job involves a permit activity and there is no permit posted or available, ask.

Who is exempt#

Section 341 exempts certain public entities — the United States and its agencies, the State of California, counties, cities, and districts — and public utilities subject to the jurisdiction of the California Public Utilities Commission. The exemption is written for those entities; a private contractor should not assume a public client's exemption covers its own crews without confirming it with Cal/OSHA.

Where the duty sits#

8 CCR 341 defines the permit-required activities, the two permit types, and the new-site notification for annual permit holders. 8 CCR 341.1 covers the application, the representative's certification, and the 24-hour notice. 8 CCR 341.4 requires the permit to be posted. Federal OSHA has no construction permit system.

What can go wrong?#

• A utility trench goes to 6 feet, a worker climbs in to set pipe, and the company has no permit because "it's only a small job."
• A steel sub starts on a building designed for 48 feet, reasoning it is "only 20 feet so far."
• An annual permit holder moves to a new site and never sends the notice.
• A scaffold reaches 40 feet on a façade job with nobody checking the permit requirement.
• A subcontractor works under the general contractor's permit instead of its own.
• The permit is in the office, not at the job.

How do we manage this properly?#

• Check the list before the job — trench depth and entry, height when completed, demolition height, tower crane, falsework.
• Hold the right permit — Project Administrator's Project Permit, and each other employer's own Annual Permit.
• Notify at least 24 hours ahead — location, date, and start time.
• Post it — at or near the job, or available at the excavation.
• Don't borrow an exemption — confirm with Cal/OSHA before relying on a public client's status.

Before you start#

If today's work includes a trench 5 feet or deeper that someone will enter, work on a structure that will be over 36 feet, demolition over 36 feet, tall scaffolding or falsework, or a tower crane, ask to see the permit and confirm the notice went in at least 24 hours ago.

Talk it over#

• Will anything on this job need a Cal/OSHA permit?
• Where is the permit posted?
• If you were told to climb into a 6-foot trench, would you know how to check?

The bottom line#

California requires a Cal/OSHA permit before certain high-hazard construction starts: trenches 5 feet or deeper that people enter, work on structures that will be over 36 feet, demolition over 36 feet, tall scaffolding, shoring, and falsework, tower crane erection and dismantling, and underground diesel. The permit is issued to a named employer, the notice goes in at least 24 hours ahead, and a copy is posted at the job.

Frequently asked questions about Cal/OSHA construction permits#

Does every trench need a Cal/OSHA permit?

No. Section 341(d)(5)(A) applies to trenches or excavations 5 feet or deeper into which any person is required to descend. A trench nobody enters, or one shallower than 5 feet, does not need a permit — although it still needs every other protection the trenching rules require.

Our building is only two stories right now. Do we need a permit?

It depends on the finished height. Section 341(d)(4) applies to structures intended to be more than 36 feet high when completed. If the design goes over 36 feet, the permit applies from the start of the listed work.

Download the Cal/OSHA construction permits toolbox talk PDF#

Download this Cal/OSHA Construction Permits Toolbox Talk as a printable PDF in English and Spanish, and review it before the first trench is opened or the first column is set.

Related toolbox talks#

• Excavation and Trenching
• Scaffolding Safety
• Steel Erection Safety
• Demolition Safety

Sources#

• Cal/OSHA, Title 8 CCR §341 — Permit Requirements ((c)(2)(B) annual permit holder notifies the Division at each new site; (d)(1)–(5) permit-required activities: fixed tower cranes, underground diesel, demolition over 36 ft, listed work on structures intended to exceed 36 ft, trenches or excavations 5 ft or deeper that a person must enter, scaffolding, vertical shoring, or falsework over 36 ft; definitions of Annual and Project permits; exemptions): https://www.dir.ca.gov/title8/341.html
• Cal/OSHA, Title 8 CCR §341.1 — Issuance of Permits (representative's certification of knowledge of the standards; work performed by the named entity; notification at least 24 hours before the activity by mail, personal delivery, fax, or email with location, date, and time; annual permit expiry): https://dir.ca.gov/Title8/341_1.html
• Cal/OSHA, Title 8 CCR §341.4 — Posting of Permit (copy posted at or near each place of employment, or available at the excavation site): https://dir.ca.gov/Title8/341_4.html
• Cal/OSHA, Permit Requirements for Construction Activities — FAQ (Project Administrator definition; annual vs project permits): https://www.dir.ca.gov/dosh/enforcement-faq.html

Written by FieldSafetyTalk's safety professional — a CSP, ASP, CHST and OSHA Authorized Outreach Trainer with 14+ years of international construction safety experience across federal, heavy civil, and industrial projects.

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