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SAFETY TIPS

REVISED PERSONAL PROTECTIVE EQUIPMENT STANDARD

Although most employers currently supply their employees with Personal Protective Equipment, changes have occurred as of November 14, 2007.  The Occupational Safety and Health Administration (OSHA) has clarified the employer/employee responsibilities for payment of PPE.

This clarification is intended to reduce confusion about which items an employer is required to purchase for workers.  It is estimated that this new ruling will result in 21,000 fewer injuries per year.

Some current OSHA standards specifically require the employer to pay for PPE.  However, most are silent with regard to whether the employer is obligated to pay.  This new provision states that the PPE must be provided, used, and maintained in a sanitary and reliable condition.  The current provisions that are silent on whether the employer must pay have been subject to varying interpretations and applications by employers, OSHA, the Occupational Safety and Health Review Commission, and the courts.

In this final rule, OSHA is requiring employers to pay for the PPE used to comply with OSHA standards, with a few exceptions.  OSHA is promulgating the final rule for three primary reasons.  First, the rule effectuates the underlying requirement in the OSH Act that employers pay for the means necessary to create a safe and healthful work environment.  Second, the rule will reduce work-related injuries and illnesses.  Third, the rule will create a clear policy across OSHA’s standards, thus reducing confusion among employers and employees concerning the PPE that employers must provide at no cost to employees.

Since 1978, OSHA has promulgated nearly twenty safety and health standards that explicitly require employers to furnish PPE at no cost.  Some examples are the standards for logging, lead, noise, asbestos and bloodborne pathogens.

There are three main reasons why the final rule will result in safety benefits.  When employees are required to pay for their own PPE, many are likely to avoid PPE costs and thus fail to provide themselves with adequate protection.  Employer payment for PPE will clearly shift overall responsibility for PPE to employers, making them more likely to make sure that the PPE is correct for the job, that it is in good condition, and that the employee is protected.  An employer payment rule will encourage employees to participate whole-heartedly in an employer’s safety and health program and employer payment for PPE will improve the safety culture at the worksite. 

The final rule includes some limited exceptions.  The employer is responsible for paying for the minimum level of PPE required by the standards.  If an employer decides to use upgraded PPE to meet the requirements, the employer must pay for that PPE.  If an employer provides PPE at no cost, and an employee asks to use different PPE, and the employer decides to allow him or her to do so, then the employer is not required to pay for the item.
The first exception addresses non-specialty safety-toe protective footwear and non-specialty prescription safety eyewear.  Employers are not required to pay for ordinary safety-toe footwear and ordinary prescription safety eyewear, as long as the employer allows the employee to wear these items off the job-site.  The second exception relates to metatarsal protection.  Employers are not required to pay for shoes with integrated metatarsal protection as long as the employer provides and pays for metatarsal guards that attach to the shoes.  A third exception exempts logging boots from the employer payment requirement.  The logging standard does not require employers to pay for the logging boots, but leaves the responsibility for payment open to employer and employee negotiation. 

The fourth exception relates to everyday 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.  Where this is the case, the final rule exempts this everyday clothing from the employer payment rule.  Employers are not required to pay for ordinary clothing used solely for protection from weather, such as winter coats, jackets, gloves, and parkas.  In the rare case that ordinary weather gear is not sufficient to protect the employee, and special equipment or extraordinary clothing is needed, then the employer will be required to pay for such protection.  Clothing used in artificially controlled environments with extreme hot or cold temperatures, such as freezers, are not considered part of the weather gear exception.

The final rule also clarifies who pays for replacement PPE.  Employers are required to pay for replacements used to comply with OSHA standards.  However, in the limited circumstances in which an employee has lost or intentionally damaged the PPE issued, an employer is not required to pay for its replacement and may require the employee to pay for such replacement.

This final rule also addresses the use of employee-owned PPE.  Employees may wish to use PPE they own, and if their employer allows them to do so, the employer will not need to reimburse the employees for the PPE.  Employers cannot require employees to provide their own PPE or pay for their own PPE.

Employers are not required to pay for items that are not PPE or which is worn to keep employees clean, such as uniforms, coveralls, aprons, plastic or rubber gloves, or caps because they are not being worn to protect from a workplace hazard.  These items may be worn for the protection of patients or food.  Of course, cut-proof gloves used to prevent lacerations will be covered, and employer payment is required. 

This final rule becomes effective on February 13, 2008, with implementation to begin on May 15, 2008.  For a complete copy of this new standard, go to www.osha.gov .



Submitted by Sharon Roman, Regulatory Compliance Consultants, Inc.
For more information or questions concerning this article, contact our office at 419-882-9224.

 

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