Changes to OSHA's PPE Standard
By: Chris Hall
Last November OSHA changed its personal protective equipment standard, 29 CFR 1910.132. This change did not effect what types of PPE were to be required or when employees are to utilize it. The change was made to clarify and outline an issue than many employers and employees have taken issue with for a long time; who is responsible to pay for which types of PPE. Most employers have always paid for all types of PPE for their employees. OSHA's rule change, discussed here applies not only to general industry, but also construction, longshoring, shipyard, and marine terminal regulations.
Employers are required to provide employees with equipment that is specifically required to protect them from hazards they encounter on a daily basis. This includes, but is not limited to:
- Respirators which are required to comply with OSHA standards
- Hard Hats
- Work gloves to protect against hazards such as cuts and chemical exposure
- Metatarsal guards (removable guards if permitted, otherwise the boot is required)
- Welding helmets/shields and welding leathers
- Specialized footwear, such as steel-toe rubber boots or shoes with non-slip soles
- Specialty prescription eyewear, such as prescription lenses for use with respirators
- Hearing protection
- Eye and Face protection
The written standard specifically outlines which PPE employers are not required to pay for. The excluded items may be paid for by employers if desired, bust OSHA does not require it. These items are as follows:
- Non-specialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots)
- Non-specialty prescription safety eyewear, provided that the employer permits them to be worn off the job
- The logging boots required by 29 CFR 1910.266(d)(1)(v);
- Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or
- Ordinary clothing, skin creams, or other items, used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.
- Respirators used under voluntary use provisions of 29 CFR 1910.134
- The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.
The final rule goes into effect on May 15, 2008. This delay gives employers and employees time to make required arrangements or negotiate future agreements as they may relate to PPE. For more information, visit the federal register at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=20094&p_table=FEDERAL_REGISTER