May 13, 2008

May 15: OSHA To Begin Enforcing Rule Requiring Employers To Pay For Most PPE

 Although the new rule states that employers are responsible to pay for almost all types of personal protective equipment (PPE) used on the job by their workers was published last fall with an effective date of February 13, 2008, OSHA will actually begin enforcing it on May 15. The enforcement delay was intended to allow sufficient time for employers to learn about the rule and acquire PPE as needed and for labor-management teams to adjust their collective bargaining agreements as necessary to accommodate the rule. And that means, employers are now expected to be in full compliance — no excuses.

To recap, the final rule does not create new requirements regarding what PPE employers must provide, but it does require employers to pay for most types of PPE mandated by OSHA’s general industry, construction, and maritime standards. Thus, employers will have to pay for such items as lifelines, lanyards, face shields and protective clothing that is not suitable for everyday, off-the-job use. But, this rule does not require employers to pay for such things as uniforms, items worn to keep clean, or other items that are not PPE.

Specifically, the new rule reinforces that employers are responsible for most types of safety gear specified in the NFPA 70E Standard for Electrical Safety in the Workplace, in addition to basic worksite personal protective equipment. (NECA’s popular PPE Selector, which is based on NFPA 70E, is a great tool for compliance assistance! It’s available under “Safety” at