Client Alert - Employment Law Update
OSHA Promulgates New Personal Protective Equipment (PPE) Rule
The Occupational Safety and Health Administration (OSHA) recently published a new rule concerning employee personal protective equipment (PPE). With few exceptions, the new rule requires employers to bear the expense of PPE for employees working in various areas including general industry and construction. The new rule becomes effective February 13, 2008 and must be implemented by May 15, 2008.
Prior to the new rule, OSHA had only required employers to pay for the PPE of employees working in certain conditions, such as where there was excessive noise, lead, asbestos, or bloodborne pathogens. However, under the new rule, employers are required to pay for almost all PPE required by OSHA's general industry, maritime, shipyard, longshoring, and construction standards. The new rule does not create any new PPE requirements, but simply shifts the cost burden to employers in order to affect greater compliance with existing PPE requirements.
The only exceptions to the rule concern ordinary protective equipement. Employers are not required to pay for safety-toe footwear (steel-toe boots), prescription safety eyewear, everyday clothing, and weather-related gear. In addition, employers are not required to pay for intentionally damaged or lost PPE. Further, the rule does not apply to uniforms, caps, or other clothing worn by employees in order to identify them as part of a particular company, or to items worn solely to keep employees clean in situations unrelated to occupational safety and health, such as hairnets.
If you have questions about how this regulation will affect your business, or wish to review your PPE policies, please contact Mr. Gonzalez at 312-558-9779 or at egonzalez@elvisgonzalezltd.com.
|
|