Text For Citation: 01 Item/Group: 001 Hazard: UNCLASS

Title 40.1-51.1(a) Code of Virginia: The employer, Eastern Contracting, Inc. did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees. In 1977, SAE adopted performance criteria for Roll Over Protective Structures (ROPS), when used on a variety of different kinds of machines, including compactors and skid steer equipment. SAE recommended that it meet a specified minimum level of performance. It developed that criteria after studying how ROPS had performed in actual rollover incidents (SAE J1040b (1977). Therefore, at least since 1977, the industry has recognized that there is rollover hazard associated with this type of equipment. ROPS and seat belts are feasible in many situations to reduce this hazard for pneumatic compactors and skid steer equipment. On September 10, 2011, at 7327 Statecrest Drive, Annandale, Virginia, the employer was performing paving operations and operating a Sakai 320-1 vibrating roller which was equipped with ROPS. The employer did not require seat belt usage for operators of the machine.s