Bituminous Insurance Companies

OSHA Final Rule – Employer Payment for PPE

In a final rule, The Occupational Safety and Health Administration (OSHA) is requiring employers to pay for the personal protective equipment (PPE) provided, with exceptions for specific items. The rule, which becomes effective on February 13, 2008, and must be implemented by May 15, 2008, does not require employers to provide PPE where none has been required before. Instead, the rule merely stipulates that the employer must pay for required PPE, except in the limited cases specified in the standard, as follows:

Sec. 1915.152 General requirements: (f) Payment for protective equipment.

(1) Except as provided by paragraphs (f)(2) through (f)(6) of this section, the protective equipment, including personal protective equipment (PPE), used to comply with this part, shall be provided by the employer at no cost to employees.

(2) The employer is not required to pay for non–specialty safety–toe protective footwear (including steel–toe shoes or steel–toe boots) and non–specialty prescription safety eyewear, provided that the employer permits such items to be worn off the job–site.

(3) When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built–in metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots.

(4) The employer is not required to pay for: (i) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or (ii) 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.

(5) The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.

(6) Where an employee provides appropriate protective equipment he or she owns, the employer may allow the employee to use it and is not required to reimburse the employee for that equipment. The employer shall not require an employee to provide or pay for his or her own PPE, unless the PPE is excepted by paragraphs (f)(2) through (f)(5) of this section.

Note to Sec. 1915.152(f): When the provisions of another OSHA standard specify whether or not the employer must pay for specific equipment, the payment provisions of that standard shall prevail.

A complete discussion, including background information on the decision making, may be found at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=20094.

COPYRIGHT ©2007, ISO Services Properties, Inc.

The information contained in this publication was obtained from sources believed to be reliable. ISO Services Properties, Inc., its companies and employees make no guarantee of results and assume no liability in connection with either the information herein contained or the safety suggestions herein made. Moreover, it cannot be assumed that every acceptable safety procedure is contained herein or that abnormal or unusual circumstances may not warrant or require further or additional procedure.