Employer Payment of PPE :
Final Rule for Employer Payment of PPE
The Assistant Secretary of Labor, Edwin Foulke announced November 14, 2007 the new rule of employer payment for personal protective equipment (PPE). The final rule is published in the November 15, 2007 Federal Register and can be viewed in its entirety at
The Assistant Secretary of Labor, Edwin Foulke announced November 14, 2007 the new rule of employer payment for personal protective equipment (PPE). The final rule is published in the November 15, 2007 Federal Register and can be viewed in its entirety at
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=18178
OSHA standards already require that the employer provide such PPE however, do not specify that the employer needs to provide the PPE without cost to the employee. This rule covers construction, general industry, and maritime standards. The final rule does not create new requirements on what an employer must provide in PPE.
The final rule requires that the employer must pay for replacement PPE; however, if the PPE is lost or intentionally damaged, the employer is not required to pay for its replacement. Employees may choose to use their own PPE and the employer does not need to reimburse the employees for the PPE; however, the final rule makes clear that the employer cannot require employees to provide for their own PPE and that use of PPE that the employee owns must be completely voluntary and the PPE is adequate to protect the employee from hazards.
The final rule does include exceptions for ordinary protective equipment such as non-specialty safety-toe protective footwear (which includes steel-toe shoes or steel-toe boots), non-specialty prescription safety eyewear (which can be worn off site), shoes or boots with built-in metatarsal protection versus the detachable metatarsal guards, logging boots, everyday work clothing or clothing, skin creams or other items used solely for protection from the elements.
The final rule becomes effective on February 13, 2008 and must be implemented by May 15, 2008.
OSHA standards already require that the employer provide such PPE however, do not specify that the employer needs to provide the PPE without cost to the employee. This rule covers construction, general industry, and maritime standards. The final rule does not create new requirements on what an employer must provide in PPE.
The final rule requires that the employer must pay for replacement PPE; however, if the PPE is lost or intentionally damaged, the employer is not required to pay for its replacement. Employees may choose to use their own PPE and the employer does not need to reimburse the employees for the PPE; however, the final rule makes clear that the employer cannot require employees to provide for their own PPE and that use of PPE that the employee owns must be completely voluntary and the PPE is adequate to protect the employee from hazards.
The final rule does include exceptions for ordinary protective equipment such as non-specialty safety-toe protective footwear (which includes steel-toe shoes or steel-toe boots), non-specialty prescription safety eyewear (which can be worn off site), shoes or boots with built-in metatarsal protection versus the detachable metatarsal guards, logging boots, everyday work clothing or clothing, skin creams or other items used solely for protection from the elements.
The final rule becomes effective on February 13, 2008 and must be implemented by May 15, 2008.
