labor lawAdivision of labor law center

On August 19, the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) published a proposed final rule to clarify the requirement for personal protective equipment and training for workers. The item was published in the Federal Register.

 

The new OSHA regulation affects personal protective equipment or PPE in general industry, maritime and construction trades.

 

Employers are invited to comment on the proposed regulation for 30 days.  

OSHA regulations have long required employers to furnish PPE to workers at no charge. Such protective gear may include work gloves, safety glasses or goggles, safety masks and other protective equipment. Even though the equipment is not shared among employees, the employer must bear the expense of providing it.

 

Since 1990, OSHA regulations have permitted inspectors to issue separate fines for each instance where an employee was not using a required PPE. In a factory, if 10 employees were not using safety glasses, OSHA could issue 10 fines to the employer.  OSHA claims that it only did so in cases where the employer flagrantly disregarded its legal responsibilities for the safety and health of workers.

 

The most recent regulation addresses several court decisions that the language of the ordinance may not permit OSHA to issue multiple violations.

Employers are still responsible for issuing personal protective equipment to all workers, and ensuring that it is used. However, in some cases, under the previous regulations, if 10 workers in a single location are found not to be using protective eyewear, the courts threw out 9 of the 10 OSHA citations and penalties, and only permitted one.

 

The new regulations would close that loophole, requiring employers to pay all 10 fines. The proposed revisions are primarily concerned with PPE and training related to known health hazards, such as asbestos and lead.  

The proposed changes will make no difference to employers’ legal obligations; however, they will ensure that OSHA has the necessary tools to assess higher penalties when safety inspectors deem it necessary.

 

 

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