Comments by a ROPS attorney/ California ROPS lawyer:



Tractor “Roll Over Protection Structure” (hereinafter “ROPS”) refers to operator compartment structures (usually cabs or frames) intended to protect equipment operators from injuries caused when a tractor overturns or rolls over.  In case of an overturn, ROPS provide a "zone of protection" for the operator.  The operator must stay within this zone; if the operator is thrown off the tractor, or is thrown partially off the tractor, he or she may not be protected by the ROPS.

Because the operator is only protected from injury if he or she remains securely in the "zone of protection," seat belts must be used when operating a ROPS-equipped tractor. ROPS have two fundamental components: the structure or frame and the seatbelt.

Seatbelts on tractors have two purposes.  First, to keep the operator in the “zone of protection” in the case of a roll-over.  Second, to keep the operator in the operator’s seat so that they are not thrown or bucked from the seat and then run over by the tractor.

ROPS and seatbelts are nothing new with tractors.  Because of this identifiable risk of injury due to rollover or operator ejection, in 1976, the Occupational Safety and Health Administration (OSHA) required all agricultural employers to equip all employee-operated tractors manufactured after October 25, 1976, with ROPS and safety belts. 29 CFR 1926.1002.  This standard is still in effect today. 

In 1975 California passed Cal. Code Of Regulations Title 8, Section 3651; which required all tractors used in California to have ROPS (i.e., structure/ frame and a seatbelt).

In 1993, Excel Industries, Inc. manufactured the Hustler 4400 and sold the tractor in California.  The Hustler 4400 had neither a seat belt nor ROPS.  At the time it was sold, the Hustler 4400 tractor was illegal for use on any work site in California. The  Excel tractor had no ROPS.

Tragically, a local San Diego County worker was using the Excel Industries, Inc.   tractor - a Hustler 4400, and he was seriously injured when he was ejected from the cab of the Excel tractor and was run over by the tractor.  Now he faces a lifetime of brain damage and severe crushing injuries. 

If only Excel Industries, Inc. had sold a safe tractor. By making ROPS “an option” Excel Industries, Inc. is manufacturing and selling defective and dangerous tractors.  You should remember that the next time you go to buy a tractor for your farm.   

If you are injured or a had a family member killed on a tractor that was not equipped with ROPS an/or a seat belt; be sure to hire a seasoned ROPS lawyer and/or ROPS attorney.