Personal protective equipment (PPE) is essential and often required to shield employees from safety hazards while on-the-job. The Occupational Safety and Health Administration (OSHA) ruled in 2008, after years of debate, that employers are required to pay for their employees’ PPE.
OSHA does not specify the method that employers must use to pay for PPE. Many employers maintain a stock of PPE and hand it out as employees need it. Other employers use allowances or reimbursement systems. Any of these methods are acceptable, as long as employees receive the PPE at no cost.
Why Are Employers Responsible?
OSHA believes that when employees pay for their own PPE, they are more likely to purchase the wrong equipment, use the PPE beyond its expected service life and avoid purchasing the equipment at all.
When employers pay for PPE, however, OSHA believes employers select the right PPE for the hazards present in their workplace and ensure the equipment is maintained and replaced as necessary.
Exceptions
Employers are not required to pay for non-specialty safety toe protective footwear, including steel toe shoes and logger boots [29 CFR 1910.266(d)(1)(v)]. Employers are required though to pay for non-standard “specialty” items (e.g. non-skid shoes for floor strippers).
Employers are also not required to pay for non-specialty prescription safety eyewear, such as “regular” safety glasses with prescription lenses. Employers must, however, pay for non-standard “specialty” items (e.g. prescription eyeglass inserts for full-face piece respirators).
Employers are not required to pay for everyday items, such as:
- Long-sleeve shirts
- Street shoes
- Normal work boots
- Skin creams or similar items to protect from weather
Employers are required though to pay for clothing used to protect employees from excessive artificial heat or cold created by the work environment (e.g. employees working in a freezer warehouse who need heavy coats). There is no specific regulatory citation to support this requirement, but OSHA has made this clarification in the preamble to this final rule.
PPE Dos and Don’ts
The following examples further characterize PPE employers are or are not required to pay for.
Employers DO have to pay for:
- Work boots and shoes
- Special boots for longshoremen working logs
- Safety glasses and safety goggles
- Prescription eyewear inserts/lenses for welding and diving helmets
- Face shields
- Hard hats
- Bump caps
- Ear plugs and muffs
- Welding gear
- Firefighting gear
- Items to protect from exposure to infectious agents
- Respirators, including SCBA, atmosphere-supplying respirators (escape only)
- Ladder safety device belts
- Climbing ensembles used by linemen (e.g. belts and climbing hooks)
- Window cleaners’ safety straps
- Personal flotation devices (e.g. life jackets)
- Encapsulating chemical protective suits
- Reflective work vests
- Chemical resistant, rubber insulating and cut-resistant gloves
Employers DO NOT have to pay for:
- Non-essential rain gear
- Back belts
- Long pants
- Dust mask/respirators when used voluntarily (29 CFR 1910.134)
6 Comments
Neil LeMastersays:
01/01/2018 at 9:49 amDoes the employer have to pay for the eye doctor if the employee is forced to get prescription for inserts in gas mask.
Karensays:
01/02/2018 at 9:45 amHi Neil, thanks for your comment!
Although employers do need to pay for actual prescription eye wear inserts or lenses that fit into full-face respirators, there is no regulation that states that the employer must pay for eye exams.
Most eye care professionals can work with an existing prescription to fit lenses into respirator eye wear inserts. Note that the lenses should meet ANSI standards for impact resistance.
Please let us know if you have any other questions!
Best,
Karen
Mattsays:
01/05/2018 at 10:57 amCan used PPE/fall protection be re-issued to new employees or do all new hired employees have to get brand new equipment?
Karensays:
01/08/2018 at 7:15 pmHi Matt, thanks for your question.
OSHA prohibits the reuse of some types of PPE. For example, disposable dust masks are designed for one-time use and therefore cannot be reissued to any employee.
There are also certain types of PPE that are more personal in nature and really should not be shared – even if OSHA does not specifically prohibit it. Chemical gloves are one example. Another is specialty safety footwear. If it has been lightly used, it may technically still be serviceable. However, everyone walks and stands a little bit differently in their shoes. A used pair may technically satisfy the requirement to provide foot protection, but they may not be comfortable for the employee who has to wear them all day, and that discomfort could potentially contribute to an incident.
When it comes to fall protection equipment, OSHA does not specifically prohibit the reuse of equipment. However, they do prohibit the reuse of any equipment that is frayed, worn-out, exposed to chemicals, is excessively dirty or has been involved in a fall. No matter who is wearing it, the equipment must fit properly, be in good condition and be appropriate for the risks and hazards that the employee will face.
Before fall protection equipment could be reissued to a new employee, the employer would need to verify that it has not been involved in a fall and is in every way suitable for the conditions that the new employee would be facing. Unless the former employee was supervised at all times with daily logs documenting that the protective equipment wasn’t subjected to a fall or other significant event that would compromise its integrity, it may be difficult to do this. It also doesn’t necessarily show a good-faith effort in providing the new employee with the correct tools and equipment to do his/her job.
Hope this info helps! If you have any additional questions please let us know!
Thanks,
Karen
Tom Nardonesays:
05/04/2018 at 1:29 pmIf an employer requires employees to wear a bulletproof vest, does the employer need to provide it? What if the employer does not require vests, but they are commonly used in the industry? One example might be for armored car drivers or armed security employees.
Karensays:
05/15/2018 at 11:48 amHi Tom,
Thanks for your comment. Taking one step back: It is the employer’s responsibility to evaluate the workplace for safety hazards or risks. When a hazard or risk is found, the employer must first look for ways to eliminate that hazard or risk. When that is not possible, they must have a plan that addresses how they will minimize the employee’s exposure to it.
In your example of armored car drivers or armed security employees, most safety professionals would agree that there is definitely a risk of those types of employees being shot, and a bullet-proof vest is certainly one of the first things that comes to mind. If the employer agrees with that sentiment, determines that wearing bulletproof vests is the best that they can do to reduce that risk and requires their employees to wear vests, the employer would be required to select appropriate vests and pay for them because they are a form of personal protective equipment (PPE).
But, before the employer starts searching for the perfect vest: just because vests are commonly used in these industries doesn’t make them a requirement under federal regulation and doesn’t make them the perfect solution. Remember that the employer is required to look for ways to eliminate hazards. If there is a way to do that, the employer may choose another method of protection other than vests if they feel that it provides the necessary protection. Personal protective equipment should always be used as a last resort, and only when engineering and administrative controls are not sufficient.
For example, if an armed security employee is stationed in an open lobby exposing him to potential harm, the employer may choose to close the lobby, limit access, and put the employee behind bullet-proof glass instead of requiring him/her to wear a bullet-proof vest. This is an extreme example, and it may not be practical for many situations; but it demonstrates OSHA’s intent for employers to look for ways to reduce hazards before requiring an employee to wear PPE. On the other hand, they may choose to make the lobby alterations and still see a need for their employee to wear a vest. It all comes down to understanding the hazard and choosing the best possible protection for the employee.
Please let us know if you have any other questions.
Thanks,
Karen
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