OSHA Finalizes Personal Protective Equipment Standard
Issue #35
December 3, 2007
Many Occupational Safety and Health Administration (OSHA) standards require employers to provide personal safety equipment, such as respirators and hard hats, when necessary to protect employees from job-related injuries, illnesses and fatalities.
After nearly nine years, OSHA has adopted the final form of its original 1999 personal protective equipment standard. Under the final rule, all personal protective equipment (PPE) required by OSHA’s general industry, construction and maritime standards will be provided at no cost to the employee, with few exceptions.
OSHA anticipates this clarification will lead to greater compliance, resulting in the potential avoidance of thousands of workplace injuries each year. While many employers currently pay for protective equipment, the final rule must be implemented by May 15, 2008.
Final rule clarifies who pays for PPE
Under the final rule, employers are not required to provide PPE where none has been required before. Instead, the final rule stipulates that the employer must pay for required PPE, with several exceptions, as follows:
Employee-Owned PPE
To accommodate employees who frequently move from job to job, the final rule acknowledges that employees may use their own equipment, if the employer allows them to do so. In these instances, the employer is not required to reimburse the employees for the PPE.
Replacement PPE
The final rule stipulates that employers must pay for replacement equipment, unless the employee has intentionally damaged or lost the gear. Workplace equipment programs should encourage the proper use and maintenance of equipment.
Exceptions to Rule
- Ordinary safety-toe footwear (including steel-toe shoes or steel-toe boots): Employers are not required to pay for ordinary safety-toe footwear if the employer allows the employee to wear them off the jobsite.
- Ordinary prescription safety eyewear: Employers are not required to pay for ordinary safety eyewear that is allowed to be worn off the jobsite.
- Shoes or boots with built-in metatarsal protection: Employers are not required to pay for shoes with built-in metatarsal protection as long as the employer provides and pays for metatarsal guards that attach to the shoes.
- Logging boots: The general industry logging standard does not require employers to pay for logging boots required for the job but leaves the responsibility for payment open to employer and employee negotiation.
- Ordinary clothing: OSHA recognizes that there are certain circumstances where long-sleeve shirts, long pants, street shoes, normal work boots and other similar types of clothing could serve as PPE. However, the final rule excludes everyday clothing from the employer-payment rule.
- Ordinary weather-related gear, skin creams, sunglasses or other items used solely for protection from the weather: Employers are not required to pay for ordinary clothing used solely for protection from weather, such as winter coats and gloves. In the rare case that special equipment or extraordinary clothing is needed to protect the employee from unusually severe weather conditions, the employer is required to pay for such protection. Note: Clothing used in artificially-controlled environments with extreme hot or cold temperatures, such as freezers, is not considered part of the weather-related gear exception.
Kempkey Insurance Services: Your Compliance Partner
Do you have additional questions? If so, we’re here to help. If you would like additional information regarding the employer-paid equipment final rule, or would like to learn more about our additional tools and resources designed to support your equipment safety initiatives, please contact me at (888) 536-7539 or ed@kempkey.com for more information.