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.

August 20, 1985

Mr. Steen Hagensen
Haandvaerksraadet
The Danish Federation of Crafts and Smaller Industries
Jyllandsafdeling:
Lille Sct. Hansgade 20
DK-8800 Viborg, Denmark

Dear Mr. Hagensen:

This is in response to your letter of July 8, 1985, addressed to Mr. Bill Simms of my staff, requesting answers to three questions concerning our Construction Standards. We have answered your questions in the same order you posed them.

(1) 29 CFR 1926.602(a)(4) requires: All earthmoving equipment mentioned in this 1926.602(a) shall have a service braking system capable of stopping and holding the equipment fully loaded, as specified in Society of Automotive Engineers SAE-J237, Loader Dozer-1971, J236, Graders-1971, and J319b, Scrapers-1971. Brake systems for self-propelled rubber-tired off-highway equipment manufactured after January 1, 1972 shall meet the applicable minimum performance criteria set forth in the following Society of Automotive Engineers Recommended Practices:

Self-Propelled Scrapers .......................SAE J319b-1971
Self-Propelled Graders.........................SAE J236-1976
Trucks and Wagons..............................SAE J166-1971
Front End Loaders and Dozers...................SAE J237-1971

(2)(a) We do not have any information to properly evaluate the Hydrema 805 and 807 mentioned in your letter.

(2)(b) The test methods described in Subpart W, 29 CFR 1926.1002; apply to an open or closed canopy requiring ROPS.

(2)(c) The test methods described in 29 CFR 1926.1002 will provide the minimum employee protection and equivalent protection.

(2)(d) It is not planned to modify any of the existing requirements in 29 CFR 1926.1003 at this time.

(2)(e) Manufactures must substantiate that ROPS meet the minimum performance criteria of 29 CFR 1926.1001 and 29 CFR 1926.1002.

(3) The Occupational Safety and Health Administrations's requirements for brakes have been included in your answer to your first question.

If we can be of further assistance, please let us know.

Sincerely,



John B. Miles, Jr., Director
Directorate of Field Operations