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.

January 29, 1982

MEMORANDUM FOR:     JAMES W. LAKE
                   REGIONAL ADMINISTRATOR

ATTENTION:          JOHN A. GRANCHI

THRU:               JOHN MILES
                   FIELD COORDINATOR

FROM:               PATRICK R. TYSON
                   DIRECTOR, FEDERAL COMPLIANCE
                     AND STATE PROGRAMS

SUBJECT:            Case Davis-Maxi Sneaker

REFERENCE:          Memorandum from your office to Patrick Tyson
                   dated December 17, 1981

29 CFR 1926.602(a)(2) shall be enforced when the equipment is moving to or from a trenching operation as mentioned in your memorandum. However, when the operator is using the plowing attachment and facing 90 degrees from the direction of travel, then 29 CFR 1926.602(a)(2) should not be enforced for this type of operation. 29 CFR 1926.602(b)(1) requires seat belts for operators when seated in the normal seating arrangement, but does not require seat belts for operation of attachments.