Cal. Code Regs. tit. 8 § 3651

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 3651 - Agricultural and Industrial Tractors
(a) All agricultural and industrial tractors manufactured after October 25, 1976 (except industrial tow tractors), shall be equipped with rollover protective structures (ROPS) when operated by an employee.

EXCEPTIONS:

1. "Low profile" tractors while used in orchards, vineyards, or hop yards or inside a farm building or greenhouse in which the vertical clearance is insufficient to allow a ROPS equipped tractor to operate, and while their use is incidental to the work performed therein.
2. Tractors while used with mounted equipment that is incompatible with ROPS (e.g. cornpickers, cotton strippers, vegetable pickers and fruit harvesters).
3. Tractors, when operated as stationary power and pumping units, and while their use is incidental to such stationary operations.

NOTE 1: The terms "incidental to the work" or "incidental to," used in the exceptions above, shall mean the necessary additional work required to perform or complete the intended work within the exempted work area (such as, fueling, repairing, maintenance, travel to and from the exempted work area, etc.).

NOTE 2: Requirements for ROPS on tractors that are designed and used for the purpose of mowing lawns and that are manufactured in conformance with the ANSI B71.1 and B71.4 power lawn mower national consensus standards are provided in Section 3563"Power Lawn Mowers."

(b) Where a recognized hazard exists, operator protection from falling or rolling objects shall be provided by either ROPS or other independent means compatible with the use of ROPS.
(c) ROPS used on wheel-type agricultural tractors shall meet the applicable test and performance requirements of ASAE S 310.3 and S 383. ROPS used on track-type agricultural tractors and all industrial tractors shall meet the test and performance requirements of SAE J1040.

EXCEPTIONS:

1. ROPS bearing a label with a California State Approval Number and installed on the specified tractor for which the approval was granted. Approvals issued prior to the effective date of these orders shall remain in effect unless revoked by the Division for cause.
2. ROPS designed by a registered professional civil, mechanical, or structural engineer based on appropriate ASAE Standards, SAE Recommended Practices or equivalent, which are substantiated by detailed structural analysis calculations.
3. ROPS bearing a label specifying compliance with Federal OSHA Section 1928.51 or 1926.1000.
4. ROPS designed and tested to the requirements of ASAE S 305.3, ASAE S 306.3, ASAE S 336.1, SAE J168a, SAE J333b or SAE J334b or SAE 1194 and installed prior to the effective date of these orders.
(d) Each ROPS shall bear a label with the following information:
(1) Manufacturer's or fabricator's name and address;
(2) ROPS model number, if any;
(3) Tractor makes, models, or series numbers that the structure is designed to fit;
(4) A statement of compliance with the appropriate ASAE Standard or SAE Recommended Practice;

Labels shall be stamped plates or other permanently attached means of identification, and shall not be obscured, obliterated, or changed.

(e) All sharp edges and corners at the operator's station shall be appropriately treated to minimize operator injury in the event of upset.
(f) Batteries, fuel tanks, oil reservoirs, and coolant systems shall be constructed and located or sealed to assure that spillage will not occur which might be harmful to the operator in the event of an upset.
(g) Where ROPS are removed for any reason, they shall be remounted in accordance with the provisions of Section 3651.

Cal. Code Regs. Tit. 8, § 3651

1. Amendment filed 12-3-75; effective thirtieth day thereafter (Register 75, No. 49).
2. Amendment of subsection (a) filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).
3. Amendment of subsection (c) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).
4. Amendment of subsection (c) filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).
5. Amendment of subsection (a) and NOTE filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
6. Amendment of subsection (a) filed 8-3-2010; operative 9-2-2010 (Register 2010, No. 32).

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

1. Amendment filed 12-3-75; effective thirtieth day thereafter (Register 75, No. 49).
2. Amendment of subsection (a) filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).
3. Amendment of subsection (c) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).
4. Amendment of subsection (c) filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).
5. Amendment of subsection (a) and Note filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
6. Amendment of subsection (a) filed 8-3-2010; operative 9-2-2010 (Register 2010, No. 32).