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DOL Issues Final Rule on Personal Protective Equipment PDF Print E-mail

On November 15, 2007, the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) published a final rule on employer-paid personal protective equipment (PPE).   The rule addresses the issue of who pays for PPE and when, not the types of PPE an employer must provide.

The rule only requires payment for PPE. It does not require payment for uniforms, caps, or other clothing worn solely to identify a person as an employee.  In addition, the rule also does not require payment for items worn to keep employees clean for purposes unrelated to safety or health or for product safety or consumer safety.

As written, regardless of the industry in question, if the PPE is not required, then the employer is not required to pay for it.* However, when an employer selects a specific type of PPE to be used at the workplace or when it is required by OSHA rule to comply with a standard, the employer is required to pay for it.  Exceptions included non-specialty, safety-toe footwear or prescription eyewear permitted to be worn off the jobsite as well as PPE which is lost or intentionally damaged by the employee.  Employers are also not responsible for paying for employee owned PPE so long as the use of such equipment is not required by the employer.  Even if such equipment is permitted, its adequacy for use in the workplace is still the responsibility of the employer.

Finally, the standard contains a note stating that if another rule specifies payment, the other rule will prevail.

The rule provides an enforcement deadline of six months from the date of publication to allow employers time to change their existing PPE payment policies. The effective date is May 15, 2008 for Illinois employers. For Indiana employers (Indiana has its own state OSHA program), the effective date is July 14, 2008.  The rule does not specify the method that employers must use to pay for PPE.  These may include allowances, reimbursement systems, or an on hand stock of PPE to be handed out to employees.  All methods are acceptable, as long as the employee receives the PPE at no cost.


For more information, visit www.osha.gov or the PPE Payment Fact Sheet.

 

While PPE is not REQUIRED by OSHA (or IOSHA) for employees who work in the graphic arts industry, it is your responsibility, as the employer, to identify any potential work hazards and protect your employees.  If you have questions about PPE, please contact Joanne Rock at PII, 312-580-3032 or .