30 June 2011

Risk Management - Part 3 of 4

In a Trade News Release issued on 15 February of 2011, OSHA issued the Enforcement Guide for PPE to provide enforcement personnel with instructions for determining whether employers have complied with OSHA personal protective equipment (PPE) standards.

OSHA's PPE standard (29 CFR 1910.132[h]) says that employers must pay for most types of PPE when used by employees exclusively in the workplace – not for personal or off-hours use.
The general rule is that the employer must pay for PPE whenever an OSHA rule explicitly requires it, such as for respiratory or hearing protection.
OSHA's "employer pays rule" also mandates that you pay to replace required PPE on a regular basis. But you don't have to pay to replace PPE  still in safe condition.
Sometimes an employee decides to buy their own PPE. If an employee buys their own PPE and it is suitable (compliant) to use at work, you are not required to reimburse the employee. For instance, an employee may decide to upgrade the quality of their safety shoes.  The employer is not required to reimburse the employee for the upgrade nor to replace the boots with a similar product when worn.
You also don't have to pay for replacement PPE if the employee has lost the item due to negligence or has intentionally damaged the PPE (1910.132[h][5]).
OSHA recommends that you establish a policy to clarify PPE payment and replacement rules so that both employees and supervisors understand requirements concerning matters such as:
• Define normal wear and tear - what service life to expect.
• PPE which is lost or damaged due to negligence (vs. uncontrollable circumstances).
• How to properly use, maintain and store PPE.
• Company position on use of PPE for personal activities which are not related to work.
OSHA’s final rule to revise the personal protective equipment (PPE) sections of its standards: http://edocket.access.gpo.gov/2009/E9-21360.htm
See our Web site: SafetyRich

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