Federal OSHA Issues Employer-Paid Personal Protective Equipment Standard

After nine years, a lawsuit filed by the AFL-CIO and UFCW, and nearly a half-million  workplace injuries, in November, 2007, the Bush OSHA Administration issued its Final Rule or Standard on general industry Employer-Paid Personal Protective Equipment (PPE). The standard requires private sector and public sector employers- located in states having “state plans”- to provide and pay for most types of PPE (as long as PPE has been previously required) used to comply with OSHA standards.

Anticipated to prevent thousands of workplace injuries annually, the standard was first proposed in 1999 during the Clinton Administration. However, in a move viewed as friendly to employers, the proposal was withdrawn by the Bush Administration. In response, in January, 2007, the AFL-CIO (with CWA’s support) and the UFCW filed a lawsuit compelling the Bush Administration’s to issue a PPE standard. In addition, in March, 2007, U.S. Representatives George Miller (D, CA.) and Lucille Roybal-Allard (D-CA) introduced legislation to force the U.S. Department of Labor to issue a final PPE Standard.

The PPE rule, which provides coverage for most CWA-represented workers, stipulates the employer must provide and pay for the necessary PPE (such as hard hats, gloves, goggles, non-prescription safety glasses, face shields, lifelines, and chemical and fall protection equipment) except in a limited number of cases. Included as exceptions are prescription safety eyewear, “everyday clothing” (such as long sleeve shits, street shoes, and normal work boots) as well as “ordinary clothing used solely for protection from weather” (such as winter coats, jackets, gloves, rubber boots, hats, and parkas). Regarding footwear, equipment excluded from coverage by the Standard includes non-specialty safety-toe shoes and boots (unless they are required to be left at the work site). In cases where PPE is excluded from coverage, the Union must negotiate these items through the collective bargaining process. Also, the Standard supersedes existing contractual language requiring workers to pay for certain types of PPE and places this responsibility solely upon employers.

Employers may not require employees to provide their own PPE. However, where workers choose to use PPE they own, employers will not be required to reimburse employees for these costs. Also, except in cases where workers lose or intentionally damage PPE, employers are required to pay replacement costs.

The Standard, announced on November 15, 2007, becomes effective February 13, 2008 and must be implemented by May 15, 2008. For additional information regarding the Final Rule, go to www.osha.gov.