Rollover protective structures for material handling equipment

April 19, 1991

Mr. Thomas G. Jeter
Sherman & Howard
[Recipient address omitted]
Dear Mr. Jeter:

Thank you for your letter of March 25, concerning the Occupational Safety and Health Administration (OSHA) standard at 29 CFR 1926.1000(a), Rollover protective structures (ROPS) for material handling equipment.

In your letter you specifically request that the following questions be addressed:

1. Does 29 CFR 1926.1000(a) specifically require the installation of ROPS on trenchers such as the Vermeer T-600D?

2. Are trenchers such as the Vermeer T-600D considered to be "crawler tractors?" If so, does the regulation require installation of ROPS on all crawler tractors?

3. Why are side boom pipelaying tractors exempt?

4. Has OSHA published policy guidance on waiver of these requirements in appropriate circumstances?

5. Is the advice summarized above (in the contents of your letter) by OSHA personnel generally correct?

Rollover protective structures (ROPS) are required upon all equipment described by the standard at 29 CFR 1926.1000(a)(1) and which are used in the construction industry.

In response to your questions we provide the following:

1. Trenchers such as the Vermeer T-600D and T-650, which are depicted with your letter, are required to be equipped with ROPS when used during construction operations.

2. The trenchers depicted by your enclosures appear to be mounted upon crawler tractor type equipment and are certainly expected to traverse terrain in an identical manner, therefore, OSHA classifies your equipment as a crawler tractor. All crawler tractors used at construction sites are required to be equipped with ROPS, unless the circumstances are determined to provide for a "de minimis violation".

3. Side boom pipelaying tractors were exempted during the rule making which took place during 1971 and early 1972. As the result of guidance and recommendations from the Advisory Committee on Construction Safety and Health the rule making which culminated with the publishing of the standard in the Federal Register on April 5, 1972, (copy enclosed) exempted side boom pipelaying tractors. No subsequent actions have been taken to modify this provision.

4. At worksites where the hazard of rollover is present (eg. in mountainous areas or along steep grades) the requirement for ROPS is unyielding. However, when material handling equipment such as the Vermeer T-600D is to be used on level terrain and the potential for rollover is remote, OSHA may determine that the violation of the standard is "de minimis" because employees are not subjected to a workplace hazard. OSHA policy concerning "de minimis violations" of OSHA standards are set forth in the OSHA Field Operations Manual (FOM), Chapter IV.B.6, copy enclosed. De minimis violations do not result in citations and do not require abatement.

The Occupational Safety and Health Act provides employers a right to request a variance from the specific requirements of a standard. Such variance requests are only available to employers who require use of the equipment by their employees and should be directed to the Office of Variance Determination. Variances are only granted when the employer has implemented alternative safeguarding to provide equal or better protection for the employees as that required by the standard.

5. The advice summarized by you is primarily incorrect, however, when the specific location or manner of use constitutes a rollover hazard, the authority having jurisdiction would require that ROPS be installed.

If we may be of further assistance, please contact us.

Sincerely,
Gerard F. Scannell
Assistant Secretary

Enclosures

M/R: The Docket files were reviewed to obtain an answer to question #3. The file did not reveal precisely from whence the exclusion came. The office of safety std's subsequently provided guidance. A marked-up draft by Ike Martin to Tom Korson (SOL) included the final language of the standard. It appears that Martin's draft was coordinated thru Korson to the Advisory Committee.

[Requester letter reproduced on OSHA page; omitted here.]