PPE... Who’s Picking Up the Tab?

The Occupational Safety and Health Administration’s (OSHA) ruling on employer-paid Personal Protective Equipment (PPE) goes into effect May 15, 2008.  The new ruling does not alter when to require or what type of PPE to issue, but it does clarify what has to be paid for by the employer.
 
The new ruling reinforces OSHA’s stance that employers are solely responsible for compliance with safety and health standards, and therefore the cost of PPE, with some newly clarified exceptions. Employers are not responsible to pay for:

• PPE different than that provided at no cost to the employee;
• Ordinary safety-toe footwear or prescription safety eyewear, as long as the employer is not restricting the use of such to their job only;
• Everyday clothing, even if specific types of clothing are required (ie: long-sleeved shirts, long pants);
• Ordinary hand tools; nor
• An employee’s own PPE if he/she voluntarily prefers to use his/her own.  An employer may not require employees to provide their own PPE and are still required to ensure the adequacy of employee-owned PPE.

The new ruling also provides clarification for employers to reasonably charge employees who lose or intentionally damage PPE, as well as specific guidance on how to add structure and consistency when addressing common PPE problems. For more information on the new ruling, please contact one of PSM´s Human Resources Consultants at 800-967-5515.