On November 15, 2007, OSHA published its long awaited regulation identifying the personal protective equipment (PPE) the employer must pay for. The regulation is effective February 13, 2008 but you have until May 15, 2008 to start paying for the PPE.

Of note, the items employers are not required to pay for are:

  • Non-specialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots) and non-specialty prescription safety eyewear,  that is allowed by the employer to be worn off the job-site;
  • Shoes or boots with built-in metatarsal protection that the employee has requested to use instead of the employer-provided detachable metatarsal guards;
  • Logging boots required by 1910.266(d)(1)(v);
  • Everyday work clothing, long sleeve shirts, long pants or
  • Ordinary clothing, skin creams, or other items used solely for protection from the weather, such as rain gear, back belts, parkas, cold weather gloves, winter boots.

What about flame-resistant clothing? OSHA does not consider flame-resistant clothing to be PPE so the employer is not required to pay for it. However, OSHA is in the process of revising 1910.269 and may decide it is PPE at that time.

 

Here’s a list of what is considered by OSHA to be PPE (if it is required to comply with an OSHA standard):

  • Most metatarsal foot protection.
  • Special boots for longshoremen working logs.
  • Rubber boots with steel toes.
  • Shoe covers—toe caps and metatarsal guards.
  • Non-prescription eye protection.
  • Prescription eyewear inserts/lenses for full face respirators.
  • Prescription eyewear inserts/lenses for welding and diving helmets.
  • Goggles.
  • Face shields.
  • Laser safety goggles.
  • Fire fighting PPE (helmet, gloves, boots, proximity suits, full gear).
  • Hard hat.
  • Hearing protection.
  • Welding PPE.
  • Items used in medical/laboratory settings to protect from exposure to infectious agents (Aprons, lab coats, goggles, disposable gloves, shoe covers, etc).
  • Non-specialty gloves – (Payment is required if they are PPE, i.e. for protection from dermatitis, severe cuts/abrasions.  Payment is not required if they are only for keeping clean or for cold weather (with no safety or health consideration).
  • Rubber sleeves.
  • Aluminized gloves.
  • Chemical resistant gloves/aprons/clothing.
  • Barrier creams (unless used solely for weather-related protection).
  • Rubber insulating gloves.
  • Mesh cut proof gloves, mesh or leather aprons.
  • SCBA, atmosphere-supplying respirators (escape only).
  • Respiratory protection.
  • Fall protection.
  • Ladder safety device belts.
  • Climbing ensembles used by linemen (e.g., belts and climbing hooks).
  • Window cleaners safety straps.
  • Personal flotation devices (life jacket).
  • Encapsulating chemical protective suits.
  • Reflective work vests.
  • Bump caps.