A. Background
- On September 5, 2006, the Commissioner of Labor and Industry adopted through
incorporation by reference under COMAR 09.12.31 Maryland
Occupational Safety and Health Act - Incorporation by Reference
of Federal Standards, the revisions relating to Roll-Over
Protective Structures, published in 70 FR 76979 - 77025 (December
29, 2005), as amended. This final rule was originally published
as a direct final rule on December 29, 2005. Confirmation of
the effective date of the final rule was published in 71 FR
9909 (February 28, 2006). This action, which was proposed for
adoption in 33:15 Md. R. 1288 (July 21, 2006), has been adopted
as proposed. This action was recommended to the Commissioner
of Labor and Industry by the Maryland Occupational Safety and
Health Advisory Board pursuant to meeting held on April 5, 2006,
notice of which was given in accordance with State Government
Article, §10-506(c), Annotated Code of Maryland.
- In 1996, OSHA issued a technical amendment which removed the original detailed
ROPS-testing standards and referred instead to national consensus
standards for substantive ROPS-testing requirements. Later,
OSHA determined that differences existed between its original
construction and agriculture ROPS standard and the ROPS standards
adopted under the 1996 technical amendment, and that these differences
had a substantial impact on the affected industries. As a result,
OSHA reinstated its original standard.
Although this final rule applies to employers in construction
and agriculture so that their employees may operate safe equipment
(i.e., wheel-type tractors), it more directly affects equipment
manufacturers. Equipment manufacturers design and build machines
that have ROPS to meet the testing criteria specified in OSHA's
ROPS standards. Employers in the construction and agriculture
industries who purchase and use wheel-type tractors are in violation
of OSHA's ROPS standards when the tractors do not have protective
structures meeting the standards.
B. Action
- MOSH Compliance and Consultation Supervisors shall ensure that all Compliance
Officers are trained on the contents of this notice.
cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing, and Regulation
Office of Administrative Hearings
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