Subpart D-Safety for Agricultural Equipment 1928.57 Guarding of farm field equipment, farmstead equipment, and cotton gins.

Subparts E-H-[Reserved]

Subpart I-General Environmental Controls 1928.110 Field sanitation.

AUTHORITY: Secs. 6 and 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 655, 657); Secretary of Labor's Orders No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 983 (48 FR 35736), as applicable; 29 CFR Part 1911.

Section 1928.21 also issued under 5 U.S.C. 553.

SOURCE: 40 FR 18257, Apr. 25, 1975, unless otherwise noted.

Subpart A-General

§ 1928.1 Purpose and scope.

This part contains occupational safety and health standards applicable to agricultural operations.

Subpart B-Applicability of Standards

§ 1928.21 Applicable standards in 29 CFR Part 1910.

(a) The following standards in Part 1910 of this Chapter shall apply to agricultural operations:

(1) Temporary labor camps§ 1910.142;

(2) Storage and handling of anhydrous ammonia-§ 1910.111 (a) and (b); (3) Pulpwood logging-§ 1910.266; (4) Slow-moving vehicles—§ 1910.145. (5) Hazard communication— § 1910.1200.

(b) Except to the extent specified in paragraph (a) of this section, the standards contained in Subparts B through T and Subpart Z of Part 1910 of this title do not apply to agricultural operations.

[40 FR 18257, Apr. 25, 1975, as amended at 42 FR 38569, July 29, 1977; 52 FR 31886, Aug. 24, 1987]

Subpart C-Roll-Over Protective Structures

§ 1928.51 Roll-over protective structures (ROPS) for tractors used in agricultural operations.

(a) Definitions. As used in this subpart

"Agricultural tractor” means a twoor four-wheel drive type vehicle, or track vehicle, of more than 20 engine horsepower, designed to furnish the power to pull, carry, propel, or drive implements that are designed for agriculture. All self-propelled implements are excluded.

(4) The tractor is designed so that the operator straddles the transmission when seated.

"Tractor weight" includes the protective frame or enclosure, all fuels, and other components required for normal use of the tractor. Ballast shall be added as necessary to achieve a minimum total weight of 110 lb. (50.0 kg.) per maximum power take-off horsepower at the rated engine speed or the maximum gross vehicle weight specified by the manufacturer, whichever is the greatest. Front end weight shall be at least 25 percent of the tractor test weight. In case power take-off horsepower is not available, 95 percent of net engine flywheel horsepower shall be used.

(b) General requirements. Agricultural tractors manufactured after October 25, 1976, shall meet the following requirements:

(1) Roll-over protective structure. A roll-over protective structure (ROPS) shall be provided by the employer for each tractor operated by an employee. Except as provided in paragraph (b)(5) of this section, ROPS used on wheel type tractors shall meet the test and performance requirements of § 1928.52 or 1928.53 or § 1926.1002 of Part 1926, and ROPS used on track type tractors shall meet the test and performance requirements of § 1926.1001 of Part 1926.

(2) Seatbelts. (i) Where ROPS are required by this section, the employer shall:

(A) Provide each tractor with a seatbelt which meets the requirements of this paragraph;

(B) Ensure that each employee uses such seatbelt while the tractor is moving; and

(C) Ensure that each employee tightens the seatbelt sufficiently to confine the employee to the protected area provided by the ROPS.

(ii) Each seatbelt shall meet the requirements set forth in Society of Automotive Engineers Standard SAE J4C, 1965 Motor Vehicle Seat Belt Assemblies, 1 except as noted hereafter:

1

1 Copies may be obtained from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pa. 15096.

(A) Where a suspended seat is used, the seatbelt shall be fastened to the movable portion of the seat to accommodate a ride motion of the operator.

(B) The seatbelt anchorage shall be capable of withstanding a static tensile load of 1,000 pounds (453.6 kg) at 45 degrees to the horizontal equally divided between the anchorages. The seat mounting shall be capable of withstanding this load plus a load equal to four times the weight of all applicable seat components applied at 45 degrees to the horizontal in a forward and upward direction. In addition, the seat mounting shall be capable of withstanding a 500 pound (226.8 kg) belt load plus two times the weight of all applicable seat components both applied at 45 degrees to the horizontal in and upward and rearward direction. Floor and seat deformation is acceptable provided there is not structural failure or release of the seat adjusted mechanism or other locking device.

(C) The seatbelt webbing material shall have a resistance to acids, alkalies, mildew, aging, moisture, and sunlight equal to or better than that of untreated polyester fiber.

(3) Protection from spillage. Batteries, fuel tanks, oil reservoirs, and coolant systems shall be constructed and located or sealed to assure that spillage will not occur which may come in contact with the operator in the event of an upset.

(4) Protection from sharp surfaces. All sharp edges and corners at the operator's station shall be designed to minimize operator injury in the event of an upset.

(5) Exempted uses. Paragraphs (b) (1) and (b)(2) of this section do not apply to the following uses:

(i) "Low profile" tractors while they are used in orchards, vineyards or hop yards where the vertical clearance requirements would substantially interfere with normal operations, and while their use is incidental to the work performed therein.

(ii) "Low profile" tractors while used 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.