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News & Updates

OSHA Final Rule: Employer Payment for Personal Protective Equipment

On Thursday, November 15, 2007, OSHA amended the following regulations to include provisions which require employers to provide personal protective equipment (PPE) at no cost to the employee:

29 C.F.R. §§ 1910.132; 1915.152; 1917.96; 1918.106; 1926.95

The final rule follows the June 2004 comment period for employer payment of tools of the trade.

Employers must provide, at no cost to employees, PPE required in order to comply with OSHA regulations.

The employer is not required to pay for the following items:

1. non-specialty safety-toe protective footwear (including steel-toe shoes or boots);
2. non-specialty prescription eyewear;
3. logging boots required by 29 C.F.R. § 1910.266(d)(1)(v);
4. everyday clothing; or
5. ordinary clothing, skin creams, and other items used solely for the protection from weather.

The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.

Where an employee provides adequate PPE that he or she owns, the employer may allow the employee to use it and is not required to reimburse the PPE. However, the employer shall not require an employee to provide or pay for PPE.

These requirements are effective February 13, 2008. Employers must implement the PPE payment requirements no later than May 15, 2008 .

Employer payment may consist of: 1) direct purchase and distribution by an employer; 2) allowances; 3) vouchers; and 4) employer reimbursement to employees.

The requirement that employers pay for PPE is limited to only PPE required under OSHA standards . It does not extend to other equipment and tools that the employee must use (such as coveralls or aprons used for protection of clothing from being soiled).

The final version of the rule may be found at here.

If you have any questions, please contact Mike Wey or Sarah Surber.