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 https://www.osha.gov.

March 23, 1979

Mr. Robert A. Kluver Manager
OEM Accounts
Palm Industries, Inc.
Box 680
Litchfield, Minnesota 55355

Dear Mr. Kluver:

This is in response to your recent correspondence and confirms a telephone conversation with a member of my staff concerning the need for ROPS on the Job TB 1200 L, manufactured by the Takeuchi Manufacturing Company, Ltd.

The Occupational Safety and Health Administration's Construction Safety and Health Regulations 29 CFR 1926.1000 do not require ROPS for the Job TB 1200 L excavator equipped with a dozer blade at this time.

29 CFR 1926.602(b)(3) requires for excavating and other equipment that the safety requirements, ratios, or limitations applicable to machines or attachment usage covered in the Power Crane and Shovel Associations (PCSA) Standards No. 1 and No. 2 - 1968, and No. 3 - 1969, shall be complied with and shall apply to cranes, machines, and attachments under this part.

Section 5.05 of the PCSA Standard No. 3 requires that "a traction lock or brake shall be provided capable of holding the machine stationary under normal working conditions, and on any grade the machine is capable of negotiating. Manufacturers shall specify the type of holding means provided."

In addition to the above, Section 8.1.8 of PCSA Standard No. 3 also requires insofar as practical, without interference with operation, that cabs shall provide necessary protection of the machinery and operator's station from the weather.

I hope this information will be helpful to you. If I may be of any further assistance, please feel free to contact me.


John K. Barto, Chief
Division of Occupational
Safety Programming