- Standard Number:1926.1001(h)
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
November 14, 2000
Mr. Steven Blanchard
Caterpillar Inc.
Technical Center
1311 E. Cedar Hills Drive
Mossville, IL. 61552
RE: 29 CFR 1926.1001 - Subpart W - Rollover Protective Structures; Overhead Protection
Dear Mr. Blanchard:
This responds to your June 1, 1999, letter to the Occupational Safety and Health Administration (OSHA), in which you request clarification of OSHA standard 29 CFR 1926.1001 (performance criteria for rollover protective structures), which incorporates by reference an outdated Society of Automotive Engineer (SAE) standard. Please accept our apology for the long delay in responding.
We appreciate your bringing this issue to our attention. Section 1926.1001 sets out "minimum performance criteria for rollover protective structures (ROPS) for rubber-tired self-propelled scrapers; rubber-tired front-end loaders and rubber-tired dozers; crawler tractors, and crawler-type loaders, and motor graders..." As stated in §1926.1001(h), the criteria in this standard are derived from a number of SAE standards, some of which date back to 1969.
In 1994, SAE issued a new consensus standard for ROPS, SAE J1040, which is similar to the International Standard Organization (ISO) standard for ROPS. The new SAE/ISO standards require a lower level of force and energy for the design of ROPS. Our evaluations indicate that for a significant amount of equipment, the difference in the level of energy is marginal (about 1% to 4%). For machines weighing 280,000 pounds or more, the difference is about 28%.
Based on our review, we have found that the new level of required energy for the design of ROPS in the new SAE/ISO standards is based on revised formulae that reflect a better understanding of energy and force requirements. Therefore, if ROPS are designed to meet the new criteria of SAE/ISO, an adequate level of safety will be maintained. Thus, if an employer is not in compliance with the 1969 SAE standard, but is in compliance with these new standards, the violation of §1926.1001 will be considered de minimis and will not be cited.
The fact that you would like OSHA to incorporate more current industry standards is appreciated. However, 29 CFR 1926.1001 can only be updated through the rulemaking process, which is a resource-intensive process. OSHA currently has a full regulatory agenda, and we do not yet have any plans for initiating rulemaking on this standard. In the meantime, as explained above, employers in compliance with the SAE/ISO standard are considered to be in compliance with the OSHA standard under the de minimis policy.
Copies of the SAE standards may be obtained from the Society of Automotive Engineers, 485 Lexington Avenue, New York, NY 10017. Copies may be inspected at the OSHA Docket Office, U.S. Department of Labor, 200 Constitution Ave., NW., Room N2634, or at the Office of the Federal Register, 800 North Capitol St., NW., Suite 700, Washington, D.C. The standards also appear in the 1971 SAE Handbook, which may be examined in each of OSHA's Regional Offices.
If you need additional information, please contact us by fax at: U.S. Department of Labor, OSHA, Directorate of Construction, Office of Construction Standards and Guidance, fax # 202-693-1689. You can also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210, although there will be a delay in our receiving correspondence by mail.
Sincerely,
Russell B. Swanson, Director
Directorate of Construction
[Corrected 6/2/2005]