OSHA Rules Employers Must Provide Most Safety Gear

OSHA anticipates that this rule will have substantial safety benefits that will result in more than 21,000 fewer occupational injuries per year.

Employers must pay for almost all personal protective equipment required for employees on the job, according to a new rule clarification from the Occupational Safety and Health Administration.

The final rule contains many exceptions for items that could be considered safety gear but are not the responsibility of the employer including: safety-toe footwear, prescription safety eyewear, logging boots, and weather-related apparel. The new rule does not create new requirements for the equipment nor does it add any employer responsibility to pay for uniforms or other items of apparel that are not classified as personal protective equipment. In addition, the rule does not dictate what equipment employers must mandate. The final rule also clarifies OSHA’s requirements regarding payment for employee-owned personal protective equipment and replacement personal protective equipment. Employers do not have to reimburse employees for safety gear that employees choose to buy instead of employer-purchased equipment. However, employers do have the duty to ensure that the employee-purchased equipment meets OSHA safety standards. While these clarifications have added several paragraphs to the regulatory text, the final rule provides employees no less protection than they would have received under the 1999 proposed standard. The final rule became effective Feb. 13, 2008; the final rule must be implemented by May 15, 2008. For a review of the final rule, visit: osha.gov/SLTC/personalprotectiveequipment/index.htm