Seat belts and rollover protection on rotating excavators

September 25, 1995
Mr. Michael J. Frenzel,
CSP Associated Safety Consultants, Inc.
[Recipient address omitted]
Dear Mr. Frenzel:
Your letter dated December 2, 1994, addressed to Mr. John B. Miles, Director of Compliance Programs, requesting an interpretation of 29 CFR 1926.602(a)(1)(iii) as it applies to seat belts for excavators was forwarded to the Office of Construction and Maritime Compliance Assistance for response.
The Operator's compartments on rotating housings of excavating and similar equipment are not required to be equipped with seat belts or roll over protective structures (ROPS). As you know, paragraph 1926.602(b) entitled "Excavating and other equipment" requires tractors covered in paragraph 1926.602(a) to have seat belts in the operators compartment. This includes tractors with back-hoe or other excavation attachments. However, OSHA does not consider excavators with a rotating housing to be tractors or similar to the equipment that is covered in paragraph 1926.602(a). Similarly, equipment with a rotating housing is not required to be equipped with ROPS because they are not similar to the type of equipment covered by 1926.1000.
With regard to your question on whether there is adequate canopy protection for the operator of this equipment, please be advised that OSHA does not consider an excavator boom assembly to be an adequate roll stopper.
If we can be of further assistance please contact [the Office of Construction Standards and Guidance, fax # (202) 693-1689].
Sincerely,
Roy F. Gurnham, P.E., J.D. Director
Office of Construction and Maritime Compliance Assistance

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

[Corrected 5/17/2006]