Standard Interpretations - Table of Contents
• Standard Number: 1926.602(a)(1); 1926.1000(a)(2)

March 16, 1998

Mr. Brian McQuade
Executive Director
Laborer's Health and Safety Fund of North America
1225 Eye Street, N.W., Suite 900
Washington D.C., 20005-3914

Re: §1926.602(a)(1); §1926.1000(a)(2); section 5(a)(1) of the OSH Act (General Duty clause)

Dear Mr. McQuade:

Thank you for your two letters on behalf of the Laborer's Health and Safety Fund of North America to the Occupational Safety and Health Administration (OSHA.) Both letters, dated December 18, 1997, provided detailed statistical information on recent fatalities and serious injuries concerning road construction hazards. One letter raised safety concerns about the operation of roller compactors while the other addressed controlling hazardous energy (lockout/tagout) in construction.

Regarding roller compactors, you indicated that a study of BLS's Census of Fatal Occupational Injuries found that this type of equipment was most often involved in fatal overturns at road construction sites. However, as explained in OSHA's letters of interpretation dated April 23, 1979, and August 8, 1991, that were enclosed with your letter, the Agency does not have a specific standard addressing compactors and rubber-tired skid steer equipment used in construction. As you noted, in §1926.602(a)(1) and §1926.1000(a)(2), OSHA held off issuing safety standards that would address seat belts and roll-over protection (ROPS) pending consideration of (consensus) standards being developed at that time.

The construction industry has long recognized the hazard of rollover with respect to compactors and skid steer equipment. In 1977, SAE adopted performance criteria for ROPS when used on a variety of different kinds of m