Payment for Personal Protective Equipment

1. Payment for Personal Protective Equipment • Marianne McGee, OSHA Compliance Assistance Specialist Webinar offered by: OSHA Directorate of Training and Education

2. Why issue an OSHA rule for PPE payment? • Implements Congressional intent that employers bear the costs of complying with OSHA standards • Creates a clear and consistent policy across OSHA’s standards, reducing confusion about the items for which employers are required to pay • Most important, OSHA estimates that the rule will result in over 21,000 fewer injuries and nearly 2 fewer deaths per year

3. PPE Payment - Scope • Affects all of OSHA’s PPE standards • General Industry • Construction • Shipyards • Marine terminals • Longshoring (Does not apply to agriculture)

4. PPE Payment – Scope(cont.) • The rule only deals with the issue of who pays for PPE, not the types of PPE an employer must provide • What is or is not a violation of a PPE requirement is unchanged by the rule

5. PPE Payment – Scope(cont.) The rule only requires payment for PPE. It does not require payment for: • Uniforms, caps, or other clothing worn solely to identify a person as an employee • Items worn to keep employees clean for purposes unrelated to safety or health. Denim coveralls, aprons or other apparel, when worn solely to prevent clothing and/or skin from becoming soiled • Items worn for product safety, consumer safety, or patient safety and health, rather than employee safety and health

6. Regulatory Text - 1910.132(h)(1) • Except as provided by paragraphs (h)(2) through (h)(6), 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

7. 1910 Regulatory Text(cont.) • The rule only applies when the equipment is used by an employer to comply with one of the PPE requirements in OSHA’s standards • If the PPE is not required, then the employer is not required to pay for it

8. 1910.132(h)(2) • The employer is not required to pay for non-specialty: • safety-toe protective footwear (including steel-toe shoes or steel-toe boots), and • prescription safety eyewear • …provided that the employer permits such items to be worn off the job-site

9. 1910.132(h)(2) (cont.) • If the employer requires employees to keep at the workplace non-specialty: • safety-toe protective footwear (including steel-toe shoes or steel-toe boots), • prescription safety eyewear • …then the employer must pay for the items • Examples include: • Prescription eyeglass insert for SCBA • Non-skid safety-toe shoes in meat packing

10. 1910.132(h)(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 • When the employer requires employees to use shoes or boots with built-in metatarsal protection, the employer is required to pay for them

11. 1910.132(h)(4) • The employer is not required to pay for: • (i) The logging boots required by 29 CFR §1910.266(d)(1)(v) • (ii) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots* • (iii) 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 *Even when the employer requires employees to use them, and the clothing provides protection

12. 1910.132(h)(4) (cont.) • If ordinary weather gear is not sufficient to protect the employee, and special equipment or extraordinary clothing is needed to protect the employee from unusually severe weather conditions, the employer is required to pay for the protection

13. 1910.132(h)(4) (cont.) • Clothing used to protect employees from artificial heat or cold is not included in the exception. • For example, employees working in a freezer warehouse may need heavy coats. In this situation, the employer is required to pay for the protection

14. 1910.132(h)(5) • The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE (The new standard does not mandate replacement, only payment. Replacement is determined by the applicable PPE standard)

15. 1910.132(h)(6) • Where an employee provides adequate protective equipment he or she owns pursuant to paragraph (b) of this section, 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 (h)(2) through (h)(5)

16. Use of Employee-Owned PPE • The employee’s use of his or her own PPE must be completely voluntary • The employee can withdraw use of his or her own PPE at any time • The employer is still responsible for making sure the PPE is adequate, properly maintained, and sanitary (use the applicable PPE standard)

17. 1910.132(h)(7) • This paragraph became effective on February 13, 2008. Employers were required to implement the PPE payment requirements no later than May 15, 2008

18. Note to 1910.132(h) • 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

19. Employer Obligations to Provide & Pay for PPE • OSHA’s final rule for Employer Payment for PPE requires employers to pay for the personal protective equipment used to comply with OSHA standards, with specific exceptions • The rule does not require any new type of PPE to be purchased • The rule does not impose any new requirements for PPE use

20. Citation Scenarios - Example 1 • The employer has provided the PPE required by an OSHA standard but charges the employee for the equipment by deducting the costs of the PPE from the employee’s pay • Correct Citing: The employer would be cited for a violation of 1910.132(h)(1)

21. Citation Scenarios – Example 2 • The employer provides and pays for the initial PPE in accordance with another OSHA standard but later charges the employee for replacement PPE • Correct Citing: Provided that the employee has not lost or intentionally damaged the PPE, the employer would be cited for a violation of 29 CFR 1910.132(h)(5)

22. Citation Scenarios– Example 3 • Initially, an employee voluntarily provides his/her own PPE; however, he/she later decides not to use it • Correct Citing: The employee may voluntarily use their own equipment without employer reimbursement, provided it is adequate and the employer allows it. However, an employee may decide to stop voluntarily providing their own equipment

23. Citation Scenarios – Example 3 (cont.) • If the employer then purchases the required PPE for the employee but charges the employee for it, the employer would be cited for a violation of 29 CFR 1910.132(h)(1) • If the employer requires the employee to continue to provide PPE at the employee’s cost, the employer would be cited for a violation of .132(h)(6)

24. Questions?