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Standard Interpretations
09/09/1985 - Four-wheel All Terrain vehicles which lack roll-over protection structures are not presently covered by our construction standards.

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OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.


September 9, 1985

Mr. and Mrs. W. Will
265 Esta Avenue
Crescent City, California 95531

Dear Mr. and Mrs. Will:

This is in response to your communication of July 21, 1985 concerning All Terrain Vehicles.

The Occupational Safety and Health Administration (OSHA) enforces safety and health standards for the protection of employees. OSHA does not enforce safety and health regulations for the general public.

The four-wheel All Terrain vehicles mentioned in your letter which lack roll-over protection structures are not presently covered by our construction standards. However, employers who use the All Terrain vehicles on work-sites must comply with section 5(a)(1) of the Occupational Safety and Health Act of 1970, which requires employers to furnish to their employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm.

If we can be of further assistance, please let us know.

Sincerely,


John B. Miles, Jr., Director
[Directorate of Enforcement Programs]

[Corrected 10/22/2004]



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