01/03/2007
Unions Sue to Force Rule on Who Pays for PPE

Safety.BLR.com

The AFL-CIO and the United Food and Commercial Workers (UFCW) have filed a lawsuit against the Department of Labor, asking a court to order the agency to issue a final rule requiring employers to pay for personal protective equipment (PPE).

In 1999, the agency proposed a rule that would require that employers pay for all types of PPE required under OSHA standards, except for safety shoes, prescription safety eyewear, and logging boots in certain circumstances. However, the agency never issued a final rule.

In 2004, the agency said it was still evaluating the proposal and requested more comments on the proposal from the public. Specifically, the agency wanted to know how the rule should address types of PPE that are typically supplied by the employee, taken from jobsite to jobsite or from employer to employer, and considered to be "tools of the trade," especially in industries with high turnover.

In the lawsuit, the unions allege that OSHA's failure to complete the rule is putting workers in danger. The lawsuit asks the court to issue an order directing OSHA to complete the protective gear rule within 60 days of the court's order.

"Nothing is standing in the way of OSHA issuing a final PPE rule to protect worker safety and health except the will to do so," says Joseph Hansen, UFCW International president. "It is long overdue that the agency take action on protective equipment. Now, we are asking the courts to force OSHA to act."

Certain OSHA standards require covered employers to pay for PPE, but others are silent on the issue of who pays for PPE. For example:

• Under the Respiratory Protection Standard, the agency requires that covered employers provide respirators at no cost to employees.
• Under the Occupational Noise Exposure Standard, OSHA requires that employers make hearing protectors available to all employees exposed to an 8-hour time-weighted average of 85 decibels or greater at no cost to the employees.