OSHA NEW PPE Rule

On November 14, 2007, the Occupational Safety and Health Administration (“OSHA”) announced a new rule clarifying employer responsibilities regarding payment for personal protective equipment (“PPE”).

Employers must pay for almost all personal protective equipment required for employees on the job, according to a new rule clarification from the Occupational Safety and Health Administration.

The “final rule” notes that employers in the general industry, construction and maritime industries already are required to pay for 95 percent of the personal protective equipment worn by their workers.

OSHA said the new rule does not create new requirements for personal protective equipment. Also, it does not add any employer responsibility to pay for uniforms or other items of apparel that are not classified as personal protective equipment.

The new rule is published at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=20094

Employers will not have to pay for ordinary safety-toed footwear, ordinary prescription safety eyewear, logging boots, and ordinary clothing and weather-related gear that can be worn off the job.

Employers also are freed from reimbursing employees for personally purchased safety gear that employees choose to buy and wear instead of employer-purchased equipment. But employers nonetheless have the duty to ensure that the employee-purchased equipment meets OSHA safety standards.

If you have any questions regarding the new Employer Payment for Personal Protective Equipment standard, or would like assistance in reviewing your PPE polices contact Physical Plant's Safety Programs Coordinator: Jeff Rogers