Employees often need to wear personal protective equipment (PPE) to minimize their exposure to jobsite hazards that could cause illness, injury or death. Many OSHA standards address this need. For example, the OSHA PPE standard for construction 1926.95 clearly states that PPE shall be provided, used and maintained in a sanitary and reliable condition. Some OSHA standards specifically require the employer to pay for PPE. However, most (including 1926.95) are silent with regard to whether the employer is obligated to pay. To clarify the matter, OSHA added a Section (d) to 1926.95 — Payment for Protective Equipment.
Effective May 15, 2008, all employers are required to pay for their employees’ personal protective equipment. The new rule — which also applies to general industries, longshore, shipyard and maritime industries — does not require employers to provide PPE where none has been required before. Instead, the rule merely stipulates that the employer must pay for PPE required by OSHA standards, except in the limited cases specified in the final rule.
The reasons cited by OSHA for its decision to shift overall responsibility for PPE to employers is that they are more knowledgeable about the hazards that exist in the workplace, in the best position to identify and select the correct equipment and in the best position to maintain control over the issuance, use and maintenance of PPE.
Based on the foregoing, and the fact that employees tend to avoid using PPE or purchase inferior equipment when they are required to pay, the agency believes that the revised rule will improve protection for employees who must wear PPE.
Employers must provide PPE that is required by OSHA standards or wherever it is necessary to protect employees from hazards that cannot be controlled by administrative or engineering controls.
- Examples include, but are not limited to:
- Hard hats
- Safety glasses, goggles and/or face shields
- Hearing protection
- Work gloves to protect workers hands from lacerations, abrasions, burns or chemical hazards
- Harness and life lines
- Welding helmets or shields
- Welding leathers
- Steel-toe rubber boots
- Metatarsal guards
- High visibility vest/clothing (when it is required)
- Respirators (when they are required)
- Specialty prescription eyewear
- Chainsaw chaps
The final rule contains a few exceptions. The employer is not required to pay for:
- Non-specialty safety boots/shoes (including steel-toe footwear)
- Logging boots
- Non-specialty prescription safety eyewear
- Shoes/boots with built-in metatarsal guards if metatarsal guards are provided
- Ordinary clothing or uniforms not required for personal safety
- Clothing used solely for protection from weather such as coats, jackets, raincoats, gloves and parkas
- Ordinary prescription eyewear
- Respirators used under voluntary use provisions
- Ordinary sunglasses
- Skin creams or sunscreen used solely to protect from the weather
Who pays for lost equipment?
Employers are not responsible for replacing lost equipment.
Who pays for damaged or worn out equipment?
The employer must pay for replacement PPE as long as it was not intentionally damaged by the employee.
Who pays for employee-provided PPE?
If the employer permits employees to use their own PPE, the employer is not responsible for reimbursing the employee for replacement, lost or damaged equipment. However, the employer would still be responsible for ensuring that the employees have the necessary PPE to perform their jobs safely.
For most construction companies, complying with the new rule should not be a problem because they already provide standard PPE like hard hats, safety glasses, hearing protection and gloves. The new rule will affect companies that are not already providing more specialized equipment such as welding leathers or chainsaw chaps.
George Kennedy is NUCA Vice President of Safety. |
