OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

February 6, 1976

Mr. Herman Bradshaw
Franklin Equipment Company
Post Office Box 697
Franklin, Virginia 23851

Dear Mr. Bradshaw:

This is in response to your correspondence of January 15, 1976, regarding the cab entrance height of your log skidder.

There are at least two Occupational Safety and Health Administration (OSHA) standards regarding the vertical height (clearance) at the point of ingress or egress to or from the operator's position on mobile equipment. The standard you reference is limited to Pulpwood Logging ([29 CFR 1910.266(f)(3)(xiv)]) and covers a protective canopy. Another standard is limited to construction and covers Rollover Protective Structures (ROPS). This standard is found at 29 CFR 1926.1000(c)(2)(ii).

[29 CFR 1910.266(f)(3)(xiv)] Protective Canopy, reads:

["The height of each cab entrance shall be at least 52 inches (1.3 meters) from the floor of the cab."]

29 CFR 1926.1000(c)(2)(ii) ROPS, reads:

"The design shall provide a vertical clearance of at least 52 inches from the work deck to the ROPS at the point of ingress or egress."

The proposed change marked in red on your "Proposed Change in Cab Height" drawing, dated January 14, 1976, has been reviewed. It appears that the protective canopy entrance opening would vary from 52 inches to 47½ inches. Even though this is a matter of inches less than the required 52 inches, it would not be in compliance with OSHA's Pulpwood Logging standard [29 CFR 1910.266(f)(3)(xiv)]. It may be possible for minor design changes to eliminate this deficiency.

The only way approval could be given for this less than minimum vertical height (clearance) would be by grant of a variance. Variances are granted only to employers and not to manufacturers or suppliers.

If I may be of any further assistance, please feel free to contact [the Directorate of Enforcement Programs at (202) 693-2100].


John K. Barto, Chief
[Directorate of Enforcement Programs]

[Corrected 8/24/2004]