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.

August 29, 1986

Mr. David L. Olson
Contracting Officer
United States
Department of the Interior
Bureau of Reclamation
Missouri Basin Region
Post Office Box 36900
Billings, Montana 59107-6900

Dear Mr. Olson:

This is in response to your recent letter requesting a clarification of 29 CFR 1926.602(a)(4).

29 CFR 1926.602(a)(4) requires all earthmoving equipment mentioned in 29 CFR 1926.602(a) shall have a service breaking 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 regardless of the date of manufacture.

29 CFR 1926.602(a)(4) also requires brake systems for self-propelled rubber-tire off-highway equipment manufactured after January 1, 1972 shall meet the applicable minimum performance criteria set forth in the Society of Automotive Engineers Recommended Practices listed in the standard. 29 CFR 1926.602(a)(8) requires the equipment mentioned in paragraphs (a)(4) and (5) of this section, and manufactured before January 1, 1972, which is used by any employer after that date, shall meet the applicable rules prescribed herein not later than June 30, 1973. Therefore, A-3-brake systems is required for scraper equipment manufactured prior to January 1, 1972.

If we can be of further assistance, please feel free to contact me.


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