How to Fill Out the Trench Safety Act Disclosure

Suppose your company is bidding on a contract involving trench excavation in the United States (notably under the Florida Trench Safety Act or a jurisdiction with similar requirements). In that case, you need to know how to fill out the Trench Safety Act disclosure. This article gives you a step‑by‑step, practical, and actionable guide written from the perspective of a Health and Safety professional in the construction sector.

Why the disclosure Matters

Before jumping into the “how to fill out” steps, it’s important to understand the context and why these forms exist:

• The Florida Trench Safety Act (Chapter 553, Part III, Florida Statutes) requires that any contract for trench excavation exceeding five feet in depth include three things:

  1. A reference to the trench safety standards that will be in effect.

  2. A written assurance by the contractor that they will comply with those standards.

  3. A separate budget/line‑item identifying the cost of compliance with the applicable trench safety standards.

• The cost disclosure must be based on the linear feet of trench (and special shoring costs per square foot of shoring) when applicable.

• While this is a Florida statute example, many U.S. public contracting authorities (especially for municipal or public works) require similar disclosures to ensure that trenching hazards are addressed (for example, per Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1926 Subpart P.

• For you as a Health & Safety manager and HSE consultant, ensuring the form is filled correctly helps avoid non‑responsive bids, prevent regulatory non‑compliance, and demonstrate your company’s proactive safety culture.

Pre‑fill Checklist: What you need to gather

Before you open the form, collect this information:

1. Project details

   • Contract/bid name, number, location, owner/client.

   • Scope of trenching: anticipated depth, linear feet of trench, shoring/sheeting needs, soil classification, or geotechnical information if available.

2. Applicable standards

   • Identify the excavation/trenching safety standards you will use (e.g., OSHA 29 CFR 1926 Subpart P) and any state/local modifications.

   • If you are in Florida, reference F.S. 553.62 and 553.63.

3. Trench safety plan

   • Determine the method of protection: sloping/benching, shoring, shielding.

   • Estimate protective system costs: materials, labor, design/engineering (if applicable), inspections.

   • Identify units (LF = linear feet; SF = square feet, for shoring).

4. Assurance language

   • Prepare your statement assuring compliance with the standards.

   • Identify the responsible person/title within your firm who signs the form.

5. Disclosure cost entry

   • Calculate: Unit measure × unit cost = total compliance cost.

   • Document method description (“Method of Compliance”) clearly.

6. Signatory and notary (if required)

   • Most forms ask for an authorised representative’s signature and date; some require notarisation.

Read Also: Creating a Trenching Safety Plan

Step‑by‑Step: Filling Out the Form

Here’s how to fill out the typical disclosure form, step by step. While forms vary slightly among agencies, the core required information remains consistent.

Step 1: Header and Project Identification

• At the top of the form, fill in the Project Name, Bid/Contract Number, Owner/Agency Name, and Location.

• Ensure you reference that the contract involves trench excavation (exceeding five feet, if applicable).

• If the form says it’s “NOT a pay item”, note this (many forms include that clause).

Step 2: Reference to Standards

• Enter a clause like:

  “The undersigned acknowledges that the applicable trench‑excavation safety standards are those set forth in 29 CFR 1926 Subpart P (OSHA) and any adopted state or local amendments.”

• If you are in Florida, reference F.S. 553.62 (which incorporates the OSHA standard) and the Act (F.S. 553.63).

• You may include the date/version of the standard your company uses (for clarity).

Step 3: Written Assurance of Compliance

• Provide a statement like:

  “The Contractor (or Bidder) hereby certifies and gives written assurance that it will fully comply with the applicable trench‑excavation safety standards for all trench excavations in excess of five (5) feet in depth under this contract.”

• Include the name of your firm, address, and the person authorised to sign (title). Many forms ask the Bidder to acknowledge that included in the bid price are the costs for compliance.

Step 4: Cost Disclosure – Separate Item

This is one of the most critical sections. You must break down:

• Description of Trench Safety Measure (e.g., “Shoring – soldier‑pile and steel‑plate system”, “Shielding – trench box”, “Sloping/benching – Type B soil”).

• Unit of Measure (LF for linear feet of trench; SF for square feet of shoring, if applicable).

• Quantity (e.g., “500 LF”, “200 SF”).

• Unit Cost (e.g., $15.00 per LF, $8.00 per SF).

• Extended Cost (unit cost × quantity).

Be sure to clearly state the method of compliance beneath or beside the table, e.g.:

“Method of Compliance: Use trench box rated for Type B soil; inspected daily by competent person; spoils placed > 2 ft from edge.”

Important statutory requirement (Florida example):

“The separate item identifying the cost of compliance … shall be based on the linear feet of trench to be excavated. The separate item for special shoring requirements, if any, shall be based on the square feet of shoring used.”

Step 5: Total Cost and Non‑payment Clause

• Calculate the Total Cost of trench‑safety compliance (sum of all extended costs).

• Many forms emphasise that these costs are included in your bid/package and will not be paid separately (they are incidental).

• For example: “For Information Only – Not for Payment Purposes.” (As seen in Florida form)

Step 6: Signature, Date, and Notary (if applicable)

• The authorised representative signs, prints their name, states the title, and dates.

• If the form requires, complete the notary block (state, county, acknowledgement).

• Ensure the form is executed before bid submission to avoid being declared non‑responsive.

Step 7: Attach Additional Sheets (if needed)

• If your trenching plan involves multiple methods or lots of quantities, attach an additional sheet with the same columns (Description, Unit, Quantity, Unit Cost, Extended Cost).

• Label attachments clearly (e.g., “Attachment A – Additional Trench Safety Measures”). Some forms require this.

Best Practice Tips – From a Health & Safety Consultant Perspective

As a Health & Safety manager and HSE consultant, you bring value by not just filling the form but ensuring robustness, accuracy, and defensibility. Here are extra tips:

1. Align with your site‑specific excavation plan

Ensure the trench safety cost disclosure aligns with your actual protective system plan. For example, if soil is Type C and you elect a trench box with weekly inspections, make sure your cost estimate reflects that method, and your method of compliance description references it.

2. Use conservative estimates

Bidding is competitive, but underestimating the cost of protective measures can hurt both safety and bid responsiveness. It’s better to use a realistic (or slightly conservative) cost so you are budgeted and compliant.

3. Maintain documentation

Keep a record of how you arrived at the unit cost – material quotes, labor hours, rental equipment rates – in your project H&S files. This supports due diligence, especially if asked by the owner or an auditor.

4. Review buried hazards and utility risks

Part of effective trench safety cost planning is assessing other hazards: utilities (call 811), water accumulation, soil classification, and adjacent structures. The cost might include additional equipment or monitoring. OSHA explains that pre‑planning is essential.

5. Be clear about “not for payment” language

Many owner forms emphasise that the cost you disclose is for information only and part of your bid. You need to make sure you understand that you will not bill separately later for trench‑safety compliance costs. Some forms say failure to complete will make your bid non‑responsive.

6. Update for any local/state amendments

Even though the Florida Act incorporates OSHA standards, check whether your region has any additional local rules or municipalities require extra shoring requirements. The Act itself states that contractors “shall adhere to any special shoring requirements … of the state or other political subdivisions.”

7. Use your H&S role to interface with estimators

Since you have experience in Health & Safety and construction, collaborate closely with the estimating/bidding team so trench‑safety cost is appropriately integrated into the unit prices and bid totals. That way, you avoid surprises later in execution.

Read Also: Who is Responsible for Ensuring the Safety of Trenching Operations

Common Mistakes to Avoid

Here are mistakes I have seen in practice and how you can avoid them:

• Leaving the cost line blank or “N/A” when trenching over five feet is required – this makes the bid non‑responsive.

• Describing the method vaguely, e.g., “shoring provided” without specifying method, units, or cost, the statute calls for “the specific method of compliance as well as the cost of that method.”

• Using incorrect units – e.g., using square yards instead of linear feet for trench excavation cost. The statute requires linear feet.

• Failing to reference the correct standard – e.g., omitting that you will comply with the OSHA 29 CFR 1926 Subpart P standard (or state equivalent).

• Assuming you can invoice later – many owners specifically say you cannot claim separate payment for trench‑safety compliance; it’s built into your bid.

• Not signing/not notarising when required – rendering the form incomplete.

Quick Fill‑In Template

Here is a plain‑language template you can adapt to your company’s needs and project specifics:

You should adapt this template to match the owner/agency’s specific form (which often uses single sheets and may include the header already). But the elements above are the ones required under the statute and best practice.

Execution and Submission Guidance

• Timely submission: Include the completed disclosure with your bid package by the bid due date. Omitting it may render your bid non‑responsive.

• Retain a copy: For your files, keep a signed copy and any attachments supporting your method and cost estimation.

• Integrate into contract execution: Once awarded, ensure your site‑specific excavation safety plan aligns exactly with the method you disclosed. If changes arise (soil type changes, deeper trenching), document modifications and inform the project owner/engineer.

• Communicate to the field team: Use this disclosure as part of your H&S initiation—make sure the competent person and site supervisors know how the protective system method was chosen and budgeted.

• Audit readiness: Be prepared for the owner or regulatory body to ask for supporting documentation of your “method of compliance” and cost basis.

Implications for HSE Strategy

By correctly completing the disclosure and aligning your bidding strategy with safety planning, you gain several advantages:

• Demonstrates to the owner that you have a proactive safety culture and understand excavation risk.

• Reduces the chance of cost overruns by factoring trench‑safety protective systems into your bid up front.

• Helps you ensure that trenching execution is consistent with what was bid and disclosed—reducing risk of citations, injuries, or delays.

• Underlines your credibility as a Health & Safety professional (especially valuable for your blog audience and training offerings).

Conclusion

Filling out the Trench Safety Act disclosure may seem like a bidding formality, but when done properly, it reflects sound safety planning and bid integrity. By following the steps above—gathering project data, referencing the correct standards, estimating the cost of compliance in linear feet (or square feet for shoring), describing your method of compliance, and signing the form—you will fulfill the key requirements set out in statutes like Florida’s and align with OSHA’s broader excavation safety framework.

In your role as Health and Safety Manager and consultant, doing this not only secures the bid responsiveness of your firm but also strengthens your safety leadership and the robustness of your execution plans.