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Brake rules for older earthmoving scrapers

Summary A federal contracting officer asked whether construction brake rules applied to earthmoving scrapers made before 1972. OSHA said the applicable requirements covered the equipment regardless of manufacture date, subject to the rule's transition deadline for older equipment. It concluded that an A-3 brake system was required for the older scraper described.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1986-08-29
Date issued
August 29, 1986
Status
Active
Status last verified October 10, 2026

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August 29, 1986

Mr. David L. Olson
Contracting Officer
United States
Department of the Interior
Bureau of Reclamation
Missouri Basin Region
[Recipient address omitted]
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.

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

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