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.
April 23, 1979
|MEMORANDUM FOR:||RONALD MCCANN
Acting Regional Administrator
|ATTENTION:||KENNETH BOWMAN Area Director - Aurora
|THRU:||DONALD E. MACKENZIE Field Coordinator
|FROM:||GROVER C. WRENN Director
Federal Compliance and State Programs
|SUBJECT:||Proper Citing of Rubber-Tired Skid-Steer Machines Not Equipped with Rollover Protective Structures (ROPS)|
The promulgation of specific OSHA standards for rollover protective structures for rubber-tired skid-steer equipment was reserved in 1972 pending consideration of standards being developed by the Society of Automotive Engineers, Inc. However, since that time the requirement of rollover protective structures for rubber-tired skid-steer machines is recommended in the Performance Criteria for Rollover Protective Structures (ROPS) for Construction, Earthmoving, Forestry and Mining Machines, (SAE) J1040b, published as a preprint in 1977 by SAE.
The use of skid-steer machines without ROPS where ROPS are necessary for the protection of operators is a recognized hazard that is causing and is likely to cause death or serious physical harm to employees operating the equipment. Therefore, utilizing four-wheel drive, skid-steer front-end loaders of mass greater than 1540 lbs., under the above conditions, shall be cited under Section 5(a)(1) of the Act using SAE J1040b to support the recognized hazard.