29 C.F.R. § 1926.1000

Scope

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(a) Coverage. This subpart applies to the following types of material handling equipment: All rubber-tired, self-propelled scrapers, rubber-tired front-end loaders, rubber-tired dozers, wheel-type agricultural and industrial tractors, crawler tractors, crawler-type loaders, and motor graders, with or without attachments, that are used in construction work. This subpart also applies to compactors and rubber-tired skid-steer equipment, with or without attachments, manufactured after July 15, 2019, that are used in construction work. This subpart does not apply to sideboom pipelaying tractors.

(b) Equipment manufactured before July 15, 2019. Material handling equipment described in paragraph (a) of this section (excluding compactors and rubber-tired skid-steer equipment) manufactured before July 15, 2019, shall be equipped with rollover protective structures that meet the minimum performance standards prescribed in § 1926.1001(b), as applicable. Agricultural and industrial tractors used in construction shall be equipped with rollover protective structures that meet the minimum performance standards prescribed in § 1926.1002(b), as applicable. When overhead protection is provided on agricultural and industrial tractors, the overhead protection shall meet the minimum performance standards prescribed in § 1926.1003(b), as applicable.

(c) Equipment manufactured on or after July 15, 2019. Material handling machinery described in paragraph (a) of this section manufactured on or after July 15, 2019, shall be equipped with rollover protective structures that meet the minimum performance standards prescribed in § 1926.1001(c). Agricultural and industrial tractors used in construction shall be equipped with rollover protective structures that meet the minimum performance standards prescribed in § 1926.1002(c). When overhead protection is provided on agricultural and industrial tractors, the overhead protection shall meet the minimum performance standards prescribed in § 1926.1003(c).

(d) Remounting. ROPS removed for any reason, shall be remounted with equal quality, or better, bolts or welding as required for the original mounting.

(e) Labeling. Each ROPS shall have the following information permanently affixed to the structure:

(1) Manufacturer or fabricator's name and address;

(2) ROPS model number, if any;

(3) Machine make, model, or series number that the structure is designed to fit.

(f) Machines meeting certain existing governmental requirements. Any machine in use, equipped with rollover protective structures, shall be deemed in compliance with this section if it meets the rollover protective structure requirements of the State of California, the U.S. Army Corps of Engineers, or the Bureau of Reclamation of the U.S. Department of the Interior in effect on April 5, 1972. The requirements in effect are:

(1) State of California: Construction Safety Orders, issued by the Department of Industrial Relations pursuant to Division 5, Labor Code, § 6312, State of California.

(2) U.S. Army Corps of Engineers: General Safety Requirements, EM-385-1-1 (March 1967).

(3) Bureau of Reclamation, U.S. Department of the Interior: Safety and Health Regulations for Construction. Part II (September 1971).

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 84 FR 21577, May 14, 2019]

Notes of Decisions

Cited in 6 cases, 1982–2010 · leading case: Caterpillar, Inc. v. Shears, 911 S.W.2d 379 (Tex. 1995).

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Caterpillar, Inc. v. Shears, 911 S.W.2d 379 (Tex. 1995). · cites it 2× “Although OSHA requires the use of a ROPS in most situations, see 29 C.F.R. § 1926.1000 (b) (1994), it specifically allows use of a loader without a ROPS in certain low-clearance working environments and where there is little risk of a rollover.”

Reiss v. Komatsu Am. Corp., 735 F. Supp. 2d 1125 (D.N.D. 2010). · cites it 4× “The relevant standard in this case is 29 C.F.R. § 1926.1000 which governs ROPSs for compactors.”

Rosario Lindsey, Individually & as of the Est. of Charles Lindsey v. Caterpillar, Inc, 480 F.3d 202 (3rd Cir. 2007). “” 29 C.F.R. § 1926.1000 (e)(2)(i). The regulations exclude sideboom pipelaying tractors from this mandate in a single sentence: “This requirement [to equip material handling equipment with rollover protective structures] does not apply to sideboom pipelay-ing tractors.”

C. Sanchez & Son, Inc. v. United States, 24 Cl. Ct. 14 (Ct. Cl. 1991). · cites it 4× “Army Corps of Engineers Safety and Health Requirements Manual (Safety Manual) and 29 C.F.R. § 1926.1000 . Both the Safety Manual and § 1926.”

Rigby v. Suburban Rendco, Inc., 548 F. Supp. 202 (D. Del. 1982). “29 C.F.R. § 1926.1000 (c)(v) (1980). Plaintiff simply asserts that the safety cage, as constructed in 1971, was unsafe—a proposition the Court cannot accept.”

Lindsey v. Caterpillar Inc (3rd Cir. 2007). “" 29 C.F.R. § 1926.1000 (c)(2)(i). The regulations exclude sideboom pipelaying tractors from this mandate in a single sentence: "This 3 requirement [to equip material handling equipment with rollover protective structures] does not apply to sideboom pipelaying tractors.”

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