For years, employers have been asking for guidance from both OSHA and state-based OSHA regulators in regards to Personal Protective Equipment, more commonly referred to as PPE. The main questions dealt with who was responsible for purchasing and maintaining the PPE. In the past, the only requirement that OSHA made was that the employers had to train their staff on the proper use of PPE and ensure that their employees followed through on the proper usage.

The enforcement of the new rules will go into effect on about May 1, 2008 (six months after publication in the Federal Register) in order to provide employers time to comply with the new regulations.

The agency estimates the rule will result in 21,000 fewer on-the-job injuries every year.

OSHA Administrator Edwin Foulke Jr. said workers are less likely to purchase the right equipment or buy it at all if they have to pay for it. Employers now pay about 95 percent of the cost of personal protective equipment, he said. Making them pick up the remaining 5 percent of the tab will cost employers a total of $85 million, OSHA estimates.

This rule change is of particular interest to landscape contractors, lawn care professionals, arborists, landscape superintendents, and all landscape operation owners whose crew wear eyes, hearing, head, hand, and foot protection.

Not only is the employer responsible for the purchase and maintenance of the equipment, the employer is also responsible for training the staff in the proper use of the PPE. This training must be held in the language that the employee is fluent in, which means that the training may have to be conducted in both English and Spanish, and all forms provided to the employees that demonstrate, explain, and document the proper use of PPE must also be in all the languages that are necessary to train the staff.

The rule applies only to personal protective equipment that is needed to comply with OSHA standards. Employers are not required to pay for ordinary safety-toed footwear, logging boots, ordinary prescription safety eyewear, ordinary clothing or weather-related gear.

?EUR??,,????'??I?EUR??,,????'???m glad to see the department has finally acted,?EUR??,,????'?? said Rep. George Miller, D-Calif.., who chairs the House Education and Labor Committee.

Miller and Rep. Lucille Roybal-Allard, D-Calif., introduced legislation in March to force the Department of Labor and OSHA to issue the rule.

?EUR??,,????'??It is tragic that so many workers?EUR??,,????'??+many of whom are low-income or immigrant workers in dangerous jobs?EUR??,,????'??+have been injured or killed while the Department of Labor stalled on issuing this critical rule,?EUR??,,????'?? Roybal-Allard said.

Sources: Jim Lipot, MBA, OSHA, Bizjournals.