Employer-Paid PPE

What's covered under the new rule?

It was a long time coming, but on Nov. 15, 2007, OSHA finally issued its final rule on employer payment for personal protective equipment (PPE). Under the rule, all required PPE, with a few exceptions, must be provided at no cost to the employee. Employers must implement the PPE payment requirements no later than May 15, 2008.

The rule does not specify the method that employees must use to pay for PPE. Many employers use allowances or reimbursement systems, or maintain a stock of PPE and hand it out to their employees. All these methods are acceptable, as long as the employee receives the PPE at no cost.

Employers DO NOT have to pay for:

Non-specialty safety-toe protective footwear (e.g., steel toe shoes/boots)

Non-specialty prescription safety eyewear

Sunglasses/sunscreen

Sturdy work boots

Ordinary cold weather gear
(coats, parkas, cold weather gloves, winter boots)

Logging boot required under Sec. 1910.266 (d)(1)(v)

Ordinary rain gear

Back belts

Long sleeve shirts

Long pants

Dust mask/respirators used under the voluntary use provisions in
Sec. 1910.134

Employers DO have to pay for:

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 hats

Hearing protection

Welding PPE

Items use 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 or sever cuts/abrasions. Payment is not required if they are only for keeping clean or for cold weather (with no safety or health consideration)

Rubber gloves

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

Information taken from NAFED FireWire newsletter, February 2008