A description of the proposed changes are as follows:

1. TITLE 8:

Construction Safety Orders
Chapter  4, Subchapter 4, Article 10
Section 1596(b), (f) and (h)
Roll-Over Protective Structures (ROPS) and Protective Enclosures



Section 1596. Roll-Over Protective Structures (ROPS).

This section contains requirements consisting of an installation timetable for ROPS and seatbelts for various types of construction equipment (e.g. rollers, compactors, scrapers, tractors, bulldozers, front-end loaders, etc.), ROPS design criteria based on SAE standards, modification/repair of ROPS, labeling, use of seatbelts, ROPS for wheel-type agricultural tractors, protective enclosure specifications, and existing ROPS approvals.

Section 1596(b) contains requirements for ROPS design criteria and requires ROPS to be in compliance with or equivalent to SAE Recommended Practice J-1040-a, February 1975 for equipment manufactured on or after April 1, 1971, or J-1040-c, April 1979. This subsection contains an exception referring the employer to Section 1596(i).

Revisions are proposed to change the subsection (b) title to "ROPS Approval" and delete all of the language described above except for the "EXCEPTION" for replacement by language requiring ROPS to be approved as defined in Section 1505.

The proposal will require the employer to determine whether the ROPS has been approved, and if not, select a method of approval for his/her ROPS per approval language contained in Section 1505.

Section 1596(f) contains existing ROPS labeling specifications which include the name and address of the ROPS manufacturer, ROPS model number, make, model of equipment the ROPS is designed for and, a statement of compliance with SAE J-1040-a, February 1975, J-1040-c, April 1979 or the Construction Safety Orders Section 1596(d) or Federal standard 1926.1000(c)(2).

Revisions are proposed to delete subsection (f)(4) which pertains to the statement of compliance. The proposed revision will have no other effect upon the employer except to reduce the existing labeling information required by subsection (f)(4) and to clearly indicate that ROPS labels need only to contain the other data described earlier, as contained in subsection (f)(1-3).

Existing Section 1596(h) pertains to wheel-type agricultural or industrial tractors and contains requirements for ROPS and seatbelt installation in accordance with the installation schedule in Section 1596(a)(1) and requires all ROPS to meet SAE standard or equivalent. Examples of what are considered appropriate SAE standards (a total of 7 suggested SAE standards) are listed.

Subsection (h) also requires protective enclosures to meet the requirements of ASAE standard S.336.1, February 1974 or SAE Recommended Practice J-168-a, February 1974.

Subsection (h)(4) pertains to ROPS approvals granted for wheel type agricultural or industrial tractors and states they will remain effective for the specified model of the equipment for which they were granted unless revoked for cause. Subsection (h)(4) requires these ROPS to bear a label with their California State Approval Number.

Revisions are proposed to delete language in subsection (h)(2), which requires ROPS to conform to the appropriate SAE standard or equivalent as described by the SAE examples listed in the regulation. Replace deleted language, which states that the ROPS shall be approved for its intended use as described in Section 1505.

Further revisions are proposed for subsection (h)(3), which pertains to protective structures. It is proposed that existing language pertaining to the ASAE standard S.336.1, February 1974, and SAE Recommended Practice J-168-a, February 1974 be deleted and replaced by language specifying that the protective enclosure be approved for its intended use as defined in Section 1505.

The proposed revisions will require the employer to ensure that his/her ROPS are either designed and built to meet a nationally recognized consensus standard to have engineering documentation available to substantiate the ROPS/protective structure is approved per Section 1505.