On November 14, the Occupational Safety and Health Administration published its long-awaited rule establishing that employers will be required to pay for almost all personal protective equipment (PPE) used to comply with OSHA standards. 

OSHA says the rule conforms with underlying requirements of the OSH Act that employers pay for workplace safety and health, and creates a clear and consistent policy across OSHA standards for general industry, construction, shipyard, marine terminal and longshoring.  It was first proposed in 1999, and in the last year has been a contentious issue between OSHA and organized labor, who took legal action forcing the agency to complete the rule.

In general, the rule requires that employers have to pay for PPE used to comply with the requirements of an OSHA standard. If the PPE is not required, employers do not have to pay for it.  Exceptions for which employers are not required to pay include non-specialty safety-toe footwear and non-specialty prescription safety eyewear, logging boots, and ordinary work clothing. The rationale for these exception is that they are highly individualized, and may be worn off the job. Any item that it job-specific, or that is not allowed off the work site, must be provided by the employer.  In the case of prescription safety eyewear, OSHA further reasoned that employers should not be required to pay because other means of eye protection are available (e.g. visitor specs or other protective devices worn over prescription glasses).  Prescription eyewear inserts for respirators or welding helmets are not exempted.  Some clothing or equipment used to for protection against weather conditions is also exempted, although employers will pay for clothing or equipment to protect against unusually severe weather conditions or artificial heat or cold.

Employers will be expected to pay for replacement PPE, except when the PPE has been lost or intentionally damaged by the employee. Employee-owned PPE may be used without requiring employer reimbursement, but its use must be entirely voluntary by the employee, and the employer will still be responsible for ensuring that it is adequate for the hazard.

OSHA published tables in the proposed rule listing examples of the types of PPE that are exempted, and those for which it will expect employer payment. 

ISEA commented on the proposed rule when it was first published in 1999, testified in favor of the rule at the public hearing that year, and commented and again when it was reopened in 2004 to collect input on whether some PPE should be considered a “tool of the trade.” The association’s position was that the employer should provide PPE, to ensure that the equipment is suitable to the hazards in the workplace. 

The effective date of the new rule is February 13, 2008, and employers must implement the PPE payment requirements by May 15, 2008. OSHA estimates that the new rule will prevent 21,000 occupational injuries and save over $200 million a year, at an additional cost to employers of $85 million.

Links:
OSHA news release (11/14/07)
OSHA Fact Sheet (11/14/07)
Assistant Secretary Foulke's remarks at  OSHA news conference (11/14/07) An MP3 audio version is available
Final rule (11/15/07 Federal Register notice)