04/ 18/ 2008
by the NFIB Small Business Legal Center
Starting May 15, employers must bear cost of personal protective equipment
Under a new OSHA rule that will take effect May 15, businesses will be responsible for providing most required personal protective equipment at no cost to their employees. At NFIB's urging, OSHA has excluded several common items from this requirement, however.
The new PPE rule contains exceptions for ordinary safety-toed footwear, ordinary prescription safety eyewear, logging boots, and ordinary clothing and weather-related gear. Because of concern about ever-increasing regulatory costs and burdens on small business, NFIB had closely monitored the PPE rulemaking process and urged OSHA to include these employer-pay exceptions in the final rule.
To explain OSHA's requirements regarding payment for employee-owned PPE and replacement PPE, the National Safety Council will host a webinar April 23, 2008, from 10 a.m. to 11 a.m. CST. Jim Maddux from OSHA's Directorate of Standards and Guidance will present the 60-minute interactive webinar to explain the guidelines OSHA published in this regulation. He will also answer questions on compliance with the PPE rules during the live Q&A session. Register at the NSC's Web site or call NSC Customer Service at 800-621 7615. To download a copy of the new rule, visit OSHA's Web site.
OSHA anticipates that the new PPE rule will reduce occupational injuries by more than 21,000 each year.
"Employees exposed to safety and health hazards may need to wear personal protective equipment to be protected from injury, illness and death caused by exposure to those hazards," said Assistant Secretary of Labor for OSHA Edwin G. Foulke Jr. "This final rule will clarify who is responsible for paying for PPE, which OSHA anticipates will lead to greater compliance and potential avoidance of thousands of workplace injuries each year."
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.
