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OSHA Considers Requiring Employers to Pay for Employee Personal Protective Equipment

The Occupational Safety and Health Administration (OSHA) is seeking comments from the public on a proposal to require employers to pay for all types of personal protective equipment (PPE) used by employees under OSHA standards, with the exception of safety shoes and prescription safety glasses.

OSHA is also considering exempting “tools of the trade” from the requirement. These are items typically supplied by the employee and carried from job to job, such as hard hats, safety glasses and gloves.

Current OSHA standards usually state that the employer is required to “provide” protective equipment, without specifying who has to pay for it. However, some standards, such as those for respiratory protection, require the employer to provide the equipment at no cost, and recent OSHA regulations have been moving towards that requirement for all necessary PPE for employees.

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Those who oppose requiring employers to pay for protection equipment that is considered a “tool of the trade” are encouraged to send a comment to OSHA. Several points can be brought to the agency’s attention:

• Payment for PPE is a management decision, and employers should be allowed to run their businesses as they see fit, including how they manage worker safety and health.
• Hard hats, safety glasses, safety shoes and various types of work gloves are examples of personal equipment that is individually sized and intended to be used by one specific worker.
• Continually having to supply employees with personal equipment that is lost, stolen or taken when workers change employers can pose a significant financial burden for home builders.
• Employees must also be responsible and committed to safety and they are more likely to use PPE and keep it in good condition when they have paid for it and own it.

Interested NAHB members must submit comments to OSHA no later than Aug. 23. Comments can be submitted via:

• FAX at 202-693-1648
• OSHA’s Web site at http://dockets.osha.gov/welcome.asp
• Mail to Docket Office, Room N2625, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210.

“Docket Number S042” should be included on the submission.

For more information, e-mail Rob Matuga or call him at 800-368-5242 x8507.

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