Jun. 20, 2008
The new rule requires employers to pay for almost all personal protective equipment that is required by OSHA's general industry, construction, and maritime standards. The rule neither creates new requirements regarding what PPE employers must provide, nor does it require employers to pay for uniforms, items worn to keep clean, or other items that are not PPE. The new rule contains exceptions for certain ordinary protective equipment, such as safety-toe footwear, prescription safety eyewear, everyday clothing and weather-related gear, and logging boots. The rule also clarifies OSHA's intent regarding employee-owned PPE, and replacement PPE: It provides that, if employees choose to use PPE they own, employers will not need to reimburse the employees for the PPE. The standard also makes clear that employers cannot require employees to provide their own PPE and the employee's use of PPE they already own must be completely voluntary. Even when an employee provides his or her own PPE, the employer must ensure that the equipment is adequate to protect the employee from hazards at the workplace. Finally, the rule requires that the employer pay for replacement PPE used to comply with OSHA standards. However, when an employee has lost or intentionally damaged PPE, the employer is not required to pay for its replacement. Contact Information: R.J. (Randy) Stevenson Partner, Section Chair Baird Holm LLP rstevenson@bairdholm.com P: 402.344.0500 |
