Employer Payment for Personal Protective Equipment; Final Rule

Transcription

1 Employer Payment for Personal Protective Equipment; Final Rule Presented by Carl Potter, CSP,CMC When does this rule take place? Becomes effective: February 13, 2008 Must be implemented: May 15,

2 Why is the new rule being implemented? Three Reasons: The rule 1. effectuates the underlying requirement in the OSH Act that employers pay for the means necessary to create a safe and healthful work environment 2. will reduce work-related injuries and illnesses 3. will create a clear policy across OSHA s standards, thus reducing confusion among employers and employees concerning the PPE that employers must provide at no cost to employees What PPE will the employer pay for? In this final rule, OSHA is requiring employers to pay for the PPE used to comply with OSHA standards 2

3 What is the reasoning behind the new rule? There are three main reasons why the final rule will result in safety benefits: When employees are required to pay for their own PPE, many are likely to avoid PPE costs and thus fail to provide themselves with adequate protection. OSHA also believes that employees will be more inclined to use PPE if it is provided to them at no cost. What is the reasoning behind the new rule? There are three main reasons why the final rule will result in safety benefits: 2. Employer payment for PPE will clearly shift overall responsibility for PPE to employers. When employers take full responsibility for providing PPE to their employees and paying for it, they are more likely to make sure that the PPE is correct for the job, that it is in good condition, and that the employee is protected. 3

4 What is the reasoning behind the new rule? There are three main reasons why the final rule will result in safety benefits: 3. An employer payment rule will encourage employees to participate whole-heartedly in an employer's safety and health program and employer payment for PPE will improve the safety culture at the worksite. What does this new rule do? This rule does not set forth new requirements regarding the PPE that must be provided and the circumstances in which it must be provided. The rule merely requires employers to pay for the PPE that is used to comply with the Parts amended. The rule generally requires employers to pay for PPE, and sets forth specific exceptions where employers are not required to pay for such equipment. 4

5 Are there any exceptions to the rule? The final rule includes the exceptions in the proposed rule, which have been clarified and simplified; clarifications of OSHA's intent in the proposed rule regarding everyday clothing and weather-related clothing; and clarifications regarding employee-owned PPE and replacement PPE that were raised by various commenters. Are there any exceptions to the rule? The exceptions are: The first exception addresses nonspecialty safety-toe protective footwear and nonspecialty prescription safety eyewear. The regulatory text makes clear that employers are not required to pay for ordinary safety-toe footwear and ordinary prescription safety eyewear, so long as the employer allows the employee to wear these items off the job-site. 5

6 Are there any exceptions to the rule? The exceptions are: The second exception relates to metatarsal protection. The final rule clarifies that an employer is not required to pay for shoes with integrated metatarsal protection as long as the employer provides and pays for metatarsal guards that attach to the shoes. Are there any exceptions to the rule? The exceptions are: A third exception to the final rule is located only in the general industry standard and exempts logging boots from the employer payment requirement. The logging standard does not require employers to pay for the logging boots required by (d)(1)(v), but leaves the responsibility for payment open to employer and employee negotiation. The final rule makes clear that logging boots will continue to be excepted from the employer payment rule. 6

7 Are there any exceptions to the rule? The fourth exception relates to everyday clothing The final rule recognizes that there are certain circumstances where long- sleeve shirts, long pants, street shoes, normal work boots, and other similar types of clothing could serve as PPE. However, where this is the case, the final rule excepts this everyday clothing from the employer payment rule. Similarly, employers are not required to pay for ordinary clothing used solely for protection from weather, such as winter coats, jackets, gloves, and parkas. In the rare case that ordinary weather gear is not sufficient to protect the employee, and special equipment or extraordinary clothing is needed to protect the employee from unusually severe weather conditions, the employer is required to pay for such protection. OSHA also notes that clothing used in artificially- controlled environments with extreme hot or cold temperatures, such as freezers, are not considered part of the weather gear exception. Who pays for replacement PPE? The final rule clarifies the issue of who pays for replacement PPE. The final rule requires that the employer pay for the replacement of PPE used to comply with OSHA standards. However, in the limited circumstances in which an employee has lost or intentionally damaged the PPE issued to him or her, an employer is not required to pay for its replacement and may require the employee to pay for such replacement. 7

8 What about employees who want to use their own PPE? The final rule also clearly addresses the use of employee-owned PPE. The rule acknowledges that employees may wish to use PPE they own, and if their employer allows them to do so, the employer will not need to reimburse the employees for the PPE. However, the regulatory text also makes clear that employers cannot require employees to provide their own PPE or to pay for their own PPE. The employee's use of PPE they own must be completely voluntary. What if there is a disagreement with the type or style of PPE between the employee/employer? If an employer decides to use upgraded PPE to meet the requirements, the employer must pay for that PPE. If an employer provides PPE at no cost, an employee asks to use different PPE, and the employer decides to allow him or her to do so, then the employer is not required to pay for the item. 8

9 A word of encouragement to employees about the payment of PPE not required Although employer payment is not required when an item of PPE is not used to comply with an OSHA standard, OSHA encourages employers to pay for this PPE, given the safety benefits OSHA finds will accrue when employers are responsible for providing and paying for PPE. What are the cost savings? While every industry will experience different investment levels, it is estimated that the annual saving of is: $17.4 million in indirect cost $39.2 million in preventable injuries $48.5 million in insurance administration $17.3 million in total temporary disability $93.9 million in permanent disability 9

10 Where can I get official information? GO TO THE FOLLOWING WEBSITE: document?p_table=federal_register&p_ id=20094 Need more information about Carl Potter? GO TO THE FOLLOWING WEBSITE: 10