Seat Belt Requirements

[vickyp]

#102600

Forum: Community

Is there Legislated requirements for a worker to wear a seat belt on an ATV such as a Quad Yamaha or John Deere Mower X738′ Both pieces of equipment did not come equipped with a seat belt, and there is no ROP (roll over protection).

[vickyp]

#102974

Hi Brad, thank you for your question. The short answer to your question is no – ROPS and seatbelt use if not required for the specific equipment you asked about, and here’s why.
Section 16.22, 24, 25, 26 of the BC OHS regs address rollover protective systems – ROPS.
16.22 will be most useful to your question. The first item discussed in 16.22 is the weight requirement for mobile equipment to be equipped with ROPS. That weight is 700 kd/1,500 lbs. The John Deere X738 weighs 534 kg/1178 lbs (with a 54-inch mower). So, it doesn’t meet the ROPS weight requirement.
16.32-33 address seat belt use – Mobile equipment with ROPS and side boom tractors must have seat belts…
Read on for more details and requirements for both ROPS and Seatbelt requirements in BC.
16.22 Rollover protective structures
(1) The following types of mobile equipment, weighing 700 kg (1,500 lbs) or more, must have rollover protective structures (ROPS):
(a) crawler tractors, loaders and skidders;
(b) wheel tractors, dozers, loaders and skidders;
(c) motor graders;
(d) self-propelled wheel scrapers;
(e) compactors/rollers;
(f) self-propelled rock drills moved by an on-board operator;
(g) wheeled trenchers manufactured after January 1, 1999;
(h) pipe layers or side boom tractors manufactured after January 1, 2000.
(2) The Board may require a ROPS to be installed on any mobile equipment if the design of the equipment or circumstances of use indicate the need.
(3) Mobile equipment listed in subsection (1) may be used without a ROPS if
(a) the equipment operates in a specific location where there is no significant hazard of rollover, and
(b) the surface in the area of operation is maintained free of ground irregularities which might cause a rollover.
Note: Where circumstances render compliance with the requirement for ROPS impracticable, alternative proposals designed to provide equivalent protection to workers may be submitted to the Board for consideration.
16.24 ROPS certification
(1) A ROPS must be certified by the ROPS manufacturer or a professional engineer as meeting a standard specified in section 16.23.
(2) Any addition, modification, welding or cutting on a ROPS must be done in accordance with the instructions of and be recertified by the ROPS manufacturer or a professional engineer.
16.25 ROPS identification
(1) The following information must be permanently marked upon a ROPS:
(a) the name and address of the manufacturer or the professional engineer who certified the ROPS;
(b) the model number or other effective means of identifying the machine for which the ROPS was designed;
(c) the serial number or other unique means of identifying the ROPS;
(d) the maximum weight of the machine for which the ROPS was designed;
(e) the standard to which the ROPS conforms.
(2) Modified ROPS must be permanently marked with the following information:
(a) an identification of the modifications effected;
(b) the date of recertification;
(c) the name and address of the recertifying engineer.
16.26 Effect of ROPS on visibility
ROPS and other structures required by this Part for the protection of the operator must be designed and installed to provide an adequate view for the operator to safely use the machine.
Part 16.32-33 address provisions and use of seat belts:
16.32 Provision
(1) Mobile equipment with ROPS and side boom tractors must have seat belts which meet the requirements of Society of Automotive Engineers (SAE) Standard J386 JUN93, Operator Restraint System for Off-Road Work Machines.
(2) Seat belts must be maintained in good condition.
[Amended by B.C. Reg. 312/2003, effective October 29, 2003.]
16.33 Use
(1) If mobile equipment has seat belts required by any law in British Columbia, the operator and passengers must use the belts whenever the equipment is in motion or engaged in an operation which could cause the equipment to become unstable.
(2) The use of a seat belt is not required for:
(a) a road grader operation that requires the operator to stand, in which case, an enclosed cab with closed cab doors or other effective restraining devices must be used,
(b) a side boom tractor without a ROPS, or
(c) ROPS equipped mobile equipment if the mobile equipment operates in a specific location where there is no significant hazard of rollover, and the surface in the area of operation is maintained free of ground irregularities which might cause a rollover.

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