OSHA to Issue Final Rule on Who

OSHA to Issue Final Rule on Who Pays for PPE

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The Department of Labor says it plans to issue a final rule in November to cover when an employer is required to pay for personal protective equipment (PPE) for employees.

The AFL-CIO and the United Food and Commercial Workers International Union (UFCW) said the department disclosed its intentions in court papers it submitted in response to a lawsuit filed by the unions. In the lawsuit,
the unions asked a court to order the Occupational Safety and Health Administration to issue a final rule on who pays for PPE.

"We applaud the decision to finally issue a final rule on employer payment for their employees' protective equipment," says John Sweeney, president of the AFL-CIO. "This rulemaking has taken far too long.
We will be monitoring the Department of Labor's actions to make sure they honor this commitment and issue a strong, protective rule."

In 1999, OSHA 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 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.

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.