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.



January 24, 1992

Wesley Kaurala
Sales Coordinator
Pettibone Michigan
Post Office Box 368
Baraga, Michigan 49908

Dear Mr. Kaurala:

This is in reply to Mr. Hurbert Moberg's December 5 letter requesting an updated letter addressing the need for roll-over protective-structures (ROPS) on Cary-lift loaders. I apologize for the delay in responding to your inquiry.

We regret that we cannot revise our June 2, 1972, letter and delete the Carry All and High Lift machines. Although the letter may address machines that are no longer being manufactured, the letter needs to remain in effect because the machine models are possibly still in use and subject to the ROPS requirements.

If we can be of any additional assistance please contact [the Office of Construction Standards and Guidance, phone# (202) 693-2020].


Patricia K. Clark, Director
Directorate of Compliance Programs

December 5, 1991

Directorate Of Compliance Programs
U.S. Department Of Labor
Occupational Safety And Health Administration
200 Constitution Avenue N.W.
Washington, D.C. 20210

Attention: Ms. Patricia Clark

Dear Ms. Clark:

Pettibone Michigan is the manufacturer of heavy duty rubber tire material handling equipment as per the enclosed brochures of CARY-LIFTS, for your review.

We are writing to you with regards to the attached letter of June 2, 1972, from the U.S. Department Of Labor which is self-explanatory. Being that this letter is almost twenty years old we are requesting an updated letter similar to this effect. The only change required is in paragraph no. 2. The Carry All and High Lift machines can be deleted because these units have been obsolete. The CARY-LIFT machine would remain intact.

Since the past twenty years our equipment has been updated and in compliance to safety standards as noted on the brochures under standard equipment.

Please send your early reply or if you have any questions to:

Mr. Wesley Kaurala
Sales Coordinator
P.O. Box 368
Baraga, Michigan 49908

Thanking you for your services and early reply, we remain,

Yours very truly,



June 2, 1972

Mr. Donald A. Spartz
Corporate Safety Director
Pettibone Corporation
4700 West Division Street
Chicago, Illinois 60651

Dear Mr. Spartz:

This is in response to your letter of April 4, 1972 to Mr. David Hadden requesting confirmation of the determinations made relating to Rollover Protective Structures (ROPS) application.

The Carry All, Cary Lift, and High Lift machines as pictured in the brochures presented would indicate an impractical application of ROPS. The fact that each of these machines have hoist frames that extend vertically above the operator's station appears to give the machine an effective roll stopper when the side of the machine parallels the ground surface.

This then would indicate a need for adequate harness in the form of seat belts or other additional restraint to prevent the operator from leaving his safety zone in the event of an upset. There is also some need for falling object protection such as the Society of Automotive Engineers (SAE) ROPS for this type of machine. Guarding of scissor points where the hoist components surround the operator's station or access areas is obviously needed although there is no specific standard on this now. There is a standard for loader scissor points that is essentially the same type of machine design. A conventional wheeled or track type loader with forklifts attached to the bucket or attached in place of the loader bucket will be required to have ROPS installed in conformance to Subpart W of 1926.1000 to 1926.1003 of OSHA-Construction Safety and Health Regulations.

Performance standards development for loader forklift, Carry All, Cary Lift, High Lift articulated boom or arm lifts, and similar type material handling equipment was assigned to SAE's Construction Industry Machinery Technical Committee (CIMTC), Subcommittee IX by its sponsor, Mr. A.J. Rutherford, at a recent CIMTC meeting. Mr. Rutherford was told of your interest in participating in this work and tells us that you will be contacted by Mr. North, Chairman of Subcommittee IX.

We appreciate your interest and concern in relation to safety and health standards. If we can be of further assistance do not hesitate to call on us.

Very truly yours.

Chief, Office of Standards Development

[Corrected 5/17/2006]