Final Rule for Employer Payment of PPE Standard Published

On Wednesday, Assistant Secretary of Labor Edwin Foulke announced the final rule for employer payment for personal protective equipment (PPE).  The rule was published in the November 15 Federal Register.  This rule covers construction, general industry and maritime standards.

OSHA standards already require the employer to provide PPE, however the standards have not specified that the employer needs to provide the PPEs without cost to the employee. The final rule does not create new requirements on what an employer must provide in PPE.

The final rule requires that the employer must pay for PPE and replacement PPE; however, if the PPE is lost or intentionally damaged, the employer is not required to pay for its replacement.  Employees may choose to use their own PPE and the employer does not need to reimburse the employees for the PPE; however, the final rule makes clear that the employer cannot require employees to provide for their own PPE, that the use of PPE which the employee already owns must be completely voluntary, and the PPE must be adequate to protect the employee from hazards.

Exceptions in the final rule include: ordinary protective equipment such as non-specialty safety-toe protective footwear (which includes steel-toe shoes or steel-toe boots), non-specialty prescription safety eyewear (which can be worn off site), shoes or boots with built-in metatarsal protection versus the detachable metatarsal guards, logging boots, everyday work clothing, skin creams or other items used solely for protection from the elements.

The final rule becomes effective on February 13, 2008, and must be implemented by May 15, 2008.