Personal Protective Equipment… Who’s Picking Up the Tab?

Have you ever issued hundreds of dollars worth of safety equipment to an employee, only to have it lost or damaged? You know Personal Protective Equipment (PPE) should be provided, but at whose expense? Until now, there were never clear rules on employee-owned PPE, replacement PPE, everyday clothing, and weather-related clothing. However, on May 15, 2008, the Occupational Safety and Health Administration’s (OSHA) ruling on employer-paid PPE goes into effect, providing much-needed clarification.

The new ruling reinforces OSHA’s stance that employers are solely responsible for compliance with safety and health standards, with some newly clarified exceptions. For example, employers are not responsible to pay for:

• PPE different than that provided at no cost to the employee;
• Ordinary safety-toe footwear or prescription safety eyewear, as long as the employer is not restricting the use of such to their job only;
• Everyday clothing, even if specific types of clothing are required (ie: long-sleeved shirts, long pants);
• Ordinary hand tools; nor
• An employee’s own PPE if he/she voluntarily prefers to use his/her own. An employer may not require employees to provide their own PPE, and are still required to ensure the adequacy of employee-owned PPE.

The new ruling also gives clarification for employers to reasonably charge employees who lose or intentionally damage PPE. Overall, the new rules provide specific guidance on how to add structure and consistency when addressing common PPE problems, especially in cases of loss or intentional misuse.

At ESG, we help businesses create more than just a safety program that sits on a shelf; we help bring safety back to work. ESG partners with employers throughout the nation to navigate through the complexities of being an employer. vist us at http://www.esghr.com/ or call toll free 888-810-8187.