Get off the soapbox. There aren't any ROPS safety police and OSHA doesn't apply to non-commercial owners.
I think you missed the point by a country mile.
If I bought a new tractor for my personal use.. and it's rops failed in a manner they should not have.. ( lets say defect in workmanship or materials so that the rops yelided way under rating ) I think that would be a legal basis for a product liability lawsuit. You don't have to be in business to sue over something.
That said.. say the machine gets sold to 'bobs lawn service' down the road.. and bobs employee gets killed when the home-modified thing that used to be a certified rops folds up and the operator is killed. the widos lawyer will likely get the hot poker out and start examining 'bob' I'm sure bob will mention that he just bought the thing from the guy down the street.. and if the lawyser is worth his salt, he will investigate that rops.. the average person may not be able to ID a well copied rops conversion.. but a rep from the company looking in a spec book seeing a fixed rops came on that machine would know it. when the liability started trickling down, I see the certified rops people getting a free pass since it was modified. I see bob getting sued badly since he did not have a real rops to protect his employees. I see alot of excess liability available to be handed out to anyone standing near..
Sounds far fetched huh? not really. I handle alot of our HR and insurance at work.. let me fill you in on what happens in a lawsuit.
Our business is at the intersection of a SR and county road. a few years ago, the state road was straight thru, and the county road had stop signs. our fence is further back from the row than it needs to be, just so that it is easier to see at that intersection.
The county decided to erect a new traffic signal at that location, and did so.. had the signs up for weeks about the new signal and patterns.. then put the lamp up in blink mode for a couple weeks.. etc. a national contractor did the work.. I see them all over doing traffic signalisation. one day a 16yr old girl who just got her dl and a new car THAT DAY, was riding with her 15yr old boyfriend, and stopped at the stop sign, then pulled into the intersection.. atout 3' in front of a semi with a long box of cargo going the speed limit ( 45 ).. It was horrible.. girl died on the scene after a long time extracting her from what was left of the car which was now part of the semi engine. boy survived with a traumatic brain injury, was in a coma for a YEAR, and finally came out of it last I heard.
GPS on the truck shows he was doing the speed limit.. witness's on the scene at the jiffy store catty-corner to our shop saw the entire thing.. girl made a mistake and pulled out in front of the truck.. RIGHT IN FRONT of him.. he had no where to go, no time to react.
parents sued:
truck driver, trucking company, cargo company that owned the trailer being hauled, owner of the freight IN the trailer, county, contractor that installed the traffic signals, individuals that worked for the contractor on that particular job where the traffic signals were instaleld, county workers that removed old sinage from the intersection, our company since we were on the corner where the accident occured and the owner of our company personally.
Imagine that...
Judge removed owner of our company, contractors employees, and county employees from that list, then let the rest of it go to court. In the end, the liability insurance companies for all other listed parties agreed to each pay an equal share of a 6 digit payout... and felt that it was safer than going to court and getting a multi million dollar loss from a sympathetic jury over the loss.
That's the starke reality of liability... I'm not making this stuff up.
'stuff' happens. don't happen to everybody.. but when 'it' does, and the 'stuff' hits the rotary oscilating device, then everybody involved gets covered in 'it'.
there's your soapbox...
soundguy