STANDARD: OSHA CLARIFICATION OF EMPLOYER DUTY TO PROVIDE PERSONAL PROTECTIVE EQUIPMENT AND TRAIN EACH EMPLOYEE
ORIGIN: Federal Register December 12, 2008 Final Rule
REVIEWED/UPDATED: August 2021
In 2009 OSHA amended its standards to add language clarifying that personal protective equipment (PPE) and training requirements impose a compliance duty to each and every employee covered by the standards and that noncompliance may expose the employer to liability on a per-employee basis.
Employers are not required to provide any new type of PPE or training, to provide PPE or training to any employee not already covered by the existing requirements, or to provide PPE or training in a different manner than that already required. The amendments simply clarify that standards apply to each employee.
OSHA therefore is taking the position that a separate violation occurs for each employee who is not provided required PPE or training and that a separate citation item and proposed penalty may be issued for each.
This clarification applies to the respiratory protection standards 1910.134 and most general industry toxic substance health standards as well as in shipyards and in the construction industry. It also applies to noise exposure as set forth in Occupational Noise Exposure 29 CFR 1910.95.
Moldex recommends that all employers be made aware that they can receive non-compliance violations and penalties for each and every employee that requires respirators or hearing protection that has not been provided with these devices or properly trained in their use.
Get the word out to the employers. This could be costly to employers that have been cited by OSHA on the use of PPE and training required in their use.
Federal Register/ Vol. 73 No. 240/ Friday December 12, 2008/ Rules and Regulations pp.75568 – 75589
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’s products.
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