Employers Paying for PPE

SUBJECT: PAYMENT OF PERSONAL PROTECTIVE EQUIPMENT (PPE) BY EMPLOYERS
ORIGIN: Moldex Technical Services Department
REVIEWED/UPDATED: July 2020

Overview

After being proposed several years ago OSHA has finally issued a standard requiring employers to pay for employee personal protective equipment.  The rule became effective February 13, 2008.  The rule affects OSHA standards for general industry, shipyard employment, marine terminals, longshoring and construction.  The rule requires that personal protective equipment shall be provided by the employer at no cost to the employees.  For General Industry the rule was added under the already existing Subpart I – Personal Protective Equipment of Code of Federal Regulations 29 CFR Part 1910.132 General Requirements.  The requirement is also codified under 1915.152, 1917.96,1918.106 and 1926.95 for Shipyard Employment, Longshoring, Marine Terminals and Construction.

The rule does provide for some exceptions for footwear and everyday clothing.

This rule does not have any affect on Respiratory and Hearing protection devices where the employer was already required to pay for such equipment.

In regards to respiratory protection, the OSHA standard 1910.134(c)(4) states:
“The employer shall provide respirators, training and medical evaluations at no cost to the employee”

The hearing protection standard, 1910.95(i)(1) states:
“Employers shall make hearing protectors available to all employees exposed to an 8-hour time-weighted average of 85 decibels or greater at no cost to the employee”

Clearly, when hearing or respiratory protection is required to be worn by an employee in a workplace it must be provided by the employer to the employee at no cost.

Reference And Resources

Occupational Safety & Health Reporter Bureau of National Affairs November 15, 2007
November 15, 2007 Federal Register Notice (72:64341 – 64430) Final Rule- Employer Payment for Personal Protective Equipment:

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=20094

WARNING: The information contained in this Tech Brief is dated and was accurate to the best of Moldex’s knowledge, on the date above. It is not meant to be comprehensive, nor is it intended to be used in place of the warning/use instructions that accompany Moldex respirators. Outside of the USA, check with all applicable and local government regulations.

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