Complying with OSHA’s PPE Standards

On September 9, 2009, OSHA issued a final rule which revised and updated Personal Protection Equipment (PPE) standards to be more consistent with the current consensus standards regarding good industry practices, as reflected by the latest editions of the pertinent American National Standards Institute (ANSI) standards at the time (74 Fed. Reg. 46350-46361). The rule provided guidance for the selection and use of PPE, as well as clearer requirements that are performance-oriented where appropriate. New paragraphs containing requirements covering equipment selection, defective and damaged equipment, and training, were added to 1910.132.

OSHA recently revised its standards on PPE at 1910.132 and 1910.133 regarding employer payment for required PPE (November 15, 2007) and eye, face, head and foot protection (September 9, 2009).

General Industry Requirements under Part 1910, Subpart I – Personal Protective Equipment

29 CFR 1910.132(a)	Provide PPE that is necessary to protect employees from hazards
29 CFR 1910.132(b)	Ensure that employee-owned equipment is adequate, properly maintained, and sanitary
29 CFR 1910.132(c)	Ensure that the PPE used is safe in design and construction
29 CFR 1910.132(d)	Conduct a hazard assessment and select protective equipment accordingly
29 CFR 1910.132(e)	Prohibit the use of defective or damaged protective equipment
29 CFR 1910.132(f)	Provide PPE training to employees
29 CFR 1910.132(g)	This provision provides that the hazard assessment and training provisions at (d) and (f) above apply to Subpart I requirements (see the following table) for eye, face, head, foot, and hand PPE.  However, the hazard assessment and training provisions at (d) and 5 (f) do not apply to respiratory protection or electrical protective equipment.
29 CFR 1910.132(h)	Provide most PPE required by OSHA standards at no cost to employees
29 CFR 1910.133	Eye and face protection
29 CFR 1910.134	Respiratory protection
29 CFR 1910.135	Head protection
29 CFR 1910.136	Foot protection
29 CFR 1910.137	Electrical protective equipment
29 CFR 1910.138	Hand protection

General Requirements (29 CFR 1910.132)

1910.132 describes current OSHA standards that apply to PPE. Standards specifically applicable to a condition, practice, means, method, operation, or process will prevail over any different general standard which might otherwise be applicable. However, general standards apply according to their terms to any employment and place of employment in any industry even though specific standards are also prescribed. Initially, OSHA will apply the most specific PPE standard to the specific hazard or exposure and apply general PPE standards to those situations not specifically covered by a standard. When a specific PPE standard does NOT apply to working conditions, or does NOT fully address a hazard, OSHA will determine whether a citation under 5(a)(1), the General Duty Clause of the OSH Act, is appropriate.

OSHA will cite 1910.132(a) when the employer fails to:

1. provide,
2. ensure use, and
3. maintain protective clothing, in a sanitary and reliable condition

whenever it is necessary by reason of hazards capable of causing injury in any part of the body.  The requirement to provide, ensure use, and maintain protective clothing (e.g., flame resistant clothing) in a sanitary and reliable condition whenever it is necessary by reason of flash fires capable of causing injury to parts of the body.

Body protection is required for employees who face potential bodily injury of any kind that cannot be eliminated through engineering, work practice or administrative controls while performing their jobs. Exposure to radiation, temperature extremes, hot splashes from molten metal’s and other hot liquids, and hazardous chemicals are examples of workplace hazards that could cause bodily injury. In addition, exposure to blood and other body fluids may cause illness.  Examples of body protection include laboratory coats, coveralls, vests, jackets, aprons, surgical gowns and full body suits (1910.132(a).

Employee-Owned PPE

OSHA will determine that the employer is ensuring that the PPE is adequate for the job (e.g., properly maintained and in sanitary condition (1910.132(b).

Design of PPE

OSHA will determine that the PPE is of safe design and construction (1910.132(c).

Hazard Assessment and Equipment Selection

OSHA will determine whether the employer has assessed hazards and selected equipment for eye and face protection, head, foot, and hand protection (1910.132(d)(1). Appendix B of Subpart I provides guidance on how to comply with this requirement.

OSHA will NOT cite 1910.132(d) for the employer’s failure to assess respiratory hazards and to select proper respiratory protection. The respiratory protection standard requires the provision of respirators suitable for the purpose intended (1910.134(a)(2). 

OSHA will NOT cite 1910.132(d) for the employer’s failure to assess electrical hazards and to select electrical protective equipment. OSHA’s de minimis policy would allow PPE that is appropriate for the specific parts of the body to be protected and for the work to be performed (1910.335(a)(1)(i).

OSHA will determine whether the employer has selected the types of PPE that are required to protect the employee from identified hazards. OSHA will cite 1910.132(d)(1)(i) for the failure to select adequate PPE.

OSHA will cite more specific assessment and selection provisions when applicable. Examples are:

• The hazardous waste operations and emergency response standard contains assessment and PPE selection requirements at (1910.120(c)(5)(i) – (iv); 1910.120(g)(3)(i) through (vi), and 1910.120(q)(3)(iii), (iv)). 
• The permit-required confined space standard requires PPE when engineering and work practice controls do not adequately protect employees (1910.146(d)(iv)). The standard also requires PPE and rescue equipment needed to conduct rescues safely (1910.146(k)(1)(i)).
• The welding standard’s PPE selection requirement addresses proper and suitable helmets, hand shields, and eye protection needed for the job (1910.252(b)(2)(i)(A)(B) and (D)). 
• The telecommunications standard requires PPE needed for the work to be performed (1910.268(e)).
• OSHA will cite (1910.1030(d)(3)), for provisions requiring employers to provide PPE for occupational exposures, and refer to CPL 02-02-069, Enforcement Procedures for the Occupational Exposure to Bloodborne Pathogens for further guidance regarding bloodborne exposures.

OSHA will determine:

1. whether the employer has communicated selection decisions to each affected employee
2. if the employer has failed to inform employees or conduct PPE demonstrations
3. whether the employer has selected PPE that properly fits each affected employee (NOTE: Appendix B of Subpart I provides non-mandatory guidance for determining and achieving the proper fit that is required)
4. whether the employer has certified in writing that a hazard assessment has been completed (NOTE: Employers may rely on previously conducted, appropriate hazard assessments even if performed by a previous employer, provided that the job conditions and hazards have not substantially changed.  If an employer relies upon a hazard assessment that it or another employer conducted, the certification shall contain the date the employer determined that the prior hazard assessment was adequate rather than the date of the actual assessment).

OSHA will cite the standards for the use of eye and face protective devices, head protection, and foot protection, 1910.133(b), 1910.135(b), or 1910.136(b), respectively, if the PPE provided does NOT meet the ANSI standards incorporated by reference in those standards.  A citation will NOT be issued for a violation of the applicable PPE standard if the employer demonstrates that a piece of equipment is as effective as that complying with the incorporated ANSI standard.

Defective and damaged PPE (1910.132(e)

OSHA will determine whether defective or damaged personal protective equipment is being used.  OSHA will NOT cite 1910.132(e) if, in its present condition, the PPE provides the protection it was designed to provide.  A citation WILL BE issued if the employer allows the employee to use defective or damaged PPE that the employer has provided or that the employee already owns and volunteers to use.

PPE Training (1910.132(f)

The employer is REQUIRED to train each employee who is required to use eye and face protection, head, foot, and hand protection on the following:

1. when and what PPE is necessary,
2. how to don, doff, adjust, and wear the PPE;
3. the limitations of PPE; and
4. the proper care, maintenance, useful life, and disposal of PPE

The provision(s) corresponding to these elements at 1910.132(f)(1)(i) – (v) will be cited if any employee required to use eye, face, head, foot or hand protection has not been trained on ALL of the element(s) listed above.

OSHA will determine:

1. whether each employee performs work requiring the use of PPE can demonstrate an understanding of the required training, and the ability to use PPE properly. Lack of an employee’s knowledge in or use of, assigned PPE would be indicative that the employee has not retained the requisite understanding or skill. OSHA will cite 1910.132(f)(2) where the employer fails to meet this
2. whether changes in the workplace or in the types of PPE used have made previous training obsolete and cite 1910.132(f)(3) with reference to the circumstance at 1910.132 (f)(3)(i) if the employer has not retrained each affected employee.
3. whether the employee knows when and what eye, face, head, foot and hand PPE is necessary, how to properly don, doff, adjust and wear the assigned PPE, the limitations on the assigned PPE, and the proper care, maintenance, useful life and disposal of the assigned PPE. If each employee required to use the assigned PPE does not know all of the above, a citation shall be issued under 1910.132(f)(3)(iii) for the failure toA citation will NOT be issued under 1910.132(f) if the employer did not provide training but a previous employer has provided training that conforms to the above elements. The CSHO will determine if the employee has the requisite knowledge and skill through his or her prior experience.
4. whether the employer has a written certification that EACH AFFECTED employee has received and understands the required information.  

OSHA will cite 1910.132(f)(4) if an employer cannot produce such certification OR if the certification does not contain:

1. 1. the name of each employee trained,
   2. the dates of training, and
   3. the subject of the certification.

NOTE: If an employer relies upon training provided by another employer, or the knowledge and ability gained by an employee through his or her work experience, the written certification should contain the date that the current employer determined that the prior training or the employee’s knowledge was adequate, rather than the date of the actual training.  Employers may use any format that contains the required information. It may be a single certification for all of its employees, for a group of employees (based on a common task, type of exposure, or other appropriate characteristic), or for one or more named employees. The document need only indicate that it is a certification of training for PPE being used by the employee. It need not identify the specific category of PPE (e.g., eye and face protection), type (e.g., goggles), or model of PPE covered by the certification.

 

Eye and Face Protection (29 CFR 1910.133)

Where such protection is necessary, OSHA will verify whether employers provide their affected employees with eye and face protection as required by 1910.132 and 1910.133. The employer MUST ENSURE that EACH AFFECTED employee uses protective eye and face wear that fits properly and protects against specific workplace hazards. In addition, the employer should ensure that the protective eye and face wear is:

• reasonably comfortable,
• provides unrestricted vision and movement,
• is durable and clean, and
• provides unrestricted functioning of any other required PPE

For additional information on eye and face protection, see OSHA Publication 3151-12R-2003, Personal Protective Equipment.

The standard requires that EACH AFFECTED employee shall use appropriate eye or face protection when exposed to eye or face hazards from:

• flying particles,
• molten metal,
• liquid chemicals, acid or caustic liquids,
• chemical gases or vapors, or
• potentially injurious light radiation

Front and side eye protection MUST be used when there is a hazard from flying objects. Detachable side protectors (e.g., clip-on or slide-on shields) meeting the pertinent requirements of this section are acceptable to OSHA, but should not be allowed in any PPE program (personal opinion!). 

EACH AFFECTED employee who wears prescription lenses while engaged in operations that involve eye hazards must wear eye protection that incorporates the prescription in its design, or protection that can be worn over the prescription lenses without disturbing the proper position of either the PPE or the prescription lenses. 

When employees use equipment with filter lenses, the lenses must have a shade number appropriate for the work being performed for protection from injurious light radiation. See 1910.133, Table I-1, 1910.133, Table I-1, Filter Lenses for Protection Against Radiant Energy, which lists the necessary shade numbers for various operations.

NOTE: When goggle and helmet lenses are worn together, the shade value of the goggle and helmet lenses can be summed to satisfy the shade requirements of 1910.133, Table I-1.

Protective eye and face devices MUST comply with ANY of the following consensus standards:

1. ANSI Z87.1-2003, American National Standard Practice for Occupational and Educational Eye and Face Protection (1910.133(b)(1)(i)); or
2. ANSI Z87.1-1989 (R-1998), American National Standard Practice for Occupational and Educational Eye and Face Protection (1910.133(b)(1)(ii)); or
3. ANSI Z87.1-1989, American National Standard Practice for Occupational and Educational Eye and Face Protection (1910.133(b)(1)(iii)).

NOTE: Eye and face protective devices that the employer demonstrates are at least as effective as devices that are constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section (1910.133(b)(2)).

The following are some examples of eye protection:

Safety spectacles or glasses have safety frames constructed of metal or plastic and impact-resistant lenses. Permanent or detachable side protection is available on some models. NOTE: Side protection is required when there is a hazard from flying objects.

Detachable side protectors (e.g., clip-on or slide-on side shields) may be permitted as long as they meet the criteria specified in ANSI Z87.1-1989 (1910.133(a)(2)).  NOTE: Detachable side protectors meeting the criteria of ANSI Z87.1-1989 (R-1998) and ANSI Z87.1-2003 are also acceptable.

Goggles are tight-fitting eye protection that completely covers the eyes, eye sockets and the facial area immediately surrounding the eyes. They provide protection from impact, dust and splashes. Some goggles will fit over corrective lenses.

Face shields are transparent sheets of plastic extending from the eyebrows to below the chin and across the entire width of the employee’s head. Some are polarized for glare protection. Screen type face shields are used around molten metal operations. Face shields protect eyes from small particles and potential splashes or sprays of hazardous liquids but will not provide adequate protection against impact hazards. NOTE: Face shields shall be used only in conjunction with spectacles or goggles, providing a higher level of protection to the employees face and eyes. See, ANSI Z87.1-2003, American National Standard Practice for Occupational and Educational Eye and Face Protection.

Welding shields are constructed of vulcanized fiber or fiberglass and can be fitted with a filtered lens. Welding shields protect eyes from burns caused by infrared or intense radiant light; they also protect both the eyes and face from flying sparks, metal spatter, and slag chips produced during welding, brazing, soldering, and cutting operations. OSHA requires filter lenses to have a shade number appropriate to protect against harmful light radiation. For additional information on filtered lenses, see Table I-1 at 1910.133.

Laser safety goggles are specialty goggles that protect against intense concentrations of light produced by lasers. Laser safety goggles should protect for the specific wavelength of the laser and must be of sufficient optical density for the energy involved.  Safety goggles intended for use with laser beams must be labeled with the laser wavelengths for which they are intended to be used, the optical density of those wavelengths, and the visible light transmission. The type of laser safety goggles chosen by the employer will depend upon the equipment and operating conditions in the workplace.

Respiratory Protection (29 CFR 1910.134)

OSHA will determine if an employer has complied with the requirements in 1910.134. The standard applies to respirator use where respirators are being worn to protect employees from exposure to air contaminants above an exposure limit or are otherwise necessary to protect employee health, and where respirators are otherwise required to be worn by the employer, and where respirators are voluntarily worn by employees for comfort or for other reasons. The standard requires employers to have a written respiratory protection program that includes procedures for:

1. respirator selection,
2. use,
3. fit testing, 
4. cleaning,
5. maintenance and repair,
6. training in respirator use,
7. respiratory hazards;
8. medical evaluations of employees required to use respirators;
9. procedures for ensuring adequate breathing air; and
10. for evaluating the respiratory protection program’s effectiveness

The requirement for employers to conduct engineering and work practice controls appears in several substance-specific standards (e.g., the asbestos standard at 1910.1001(f)). OSHA will cite the respirator provisions of substance-specific Part 1910 standards when those standards apply (e.g., the asbestos standard at 1910.1001(g)).

The requirement for employers to provide respirators is found in several substance-specific Part 1910 standards (e.g., the lead standard at 1910.1025(e) and (f)).  OSHA will cite the respirator provisions of substance-specific standards when those standards apply.  Respirator violations are normally grouped with the overexposure to substances regulated by other standards.

The employer must provide the right type of respirator for the substance and level of exposure involved. Respiratory protection equipment includes:

1. filtering face pieces (dust masks) and other air-purifying respirators;
2. atmosphere-supplying respirators, including supplied-air respirators and self-contained breathing apparatus; and
3. escape-only respirators.

Unless a substance-specific standard applies, citations shall be issued under 1910.134(d) if an employer fails to provide an appropriate respirator. For complete enforcement guidance on respiratory protection, see CPL 02-00-120, Inspection Procedures for the Respiratory Protection Program and CPL 02-00-148, Field Operations Manual.

 

Head Protection (29 CFR 1910.135)

OSHA will determine compliance with head protection requirements in 1910.135(a). Employers MUST REQUIRE employees to wear a protective helmet or hard hat when working in areas where there is potential for injury to the head from falling objects (1910.135(a)(1).

A protective helmet designed to reduce electrical shock hazards must be worn by employees where there is potential for electric shock or burns due to contact with exposed electrical conductors which could contact the head (1910.135(a)(2).

In general, hard hats or protective helmets shall:

• resist penetration by objects,
• absorb the shock of a blow,
• be water-resistant, and
• have slow-burning properties

Manufacturers’ instructions explaining proper adjustment and replacement of the suspension and headband should be followed. Employees MUST replace protective helmets and their suspension systems when damaged or deteriorated, and at intervals specified by the manufacturer.

For additional information on head protection, see OSHA Publication 3151-12R-2003 Personal Protective Equipment (pdf) and ANSI Z89.1-2003, American National Standard for Industrial Head Protection.

Head protection must comply with ANY of the following consensus standards:

1. ANSI Z89.1-2003, American National Standard for Industrial Head Protection (1910.135(b)(1)(i)); or
2. ANSI Z89.1-1997, American National Standard for Industrial Head Protection (1910.135(b)(1)(ii)); or
3. ANSI Z89.1-1986, American National Standard for Personnel Protection -Protective Headwear for Industrial Workers – Requirements (1910.135(b)(1)(iii)).

NOTE: Head protection devices that the employer demonstrates are at least as effective as devices constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section (1910.135(b)(2)).

ANSI Z89.1-1986 contains the following types and classes:

1. Type I. Type I helmets have a full brim.
2. Type II. Type II helmets are brimless with a peak extending forward from the crown.
3. Class A. Class A helmets are intended to reduce the force of impact of falling objects and to reduce the danger of contact with exposed low-voltage conductors. Representative sample shells are proof-tested at 2,200 volts (phase to ground).
4. Class B. Class B helmets are intended to reduce the force of impact of falling objects and to reduce the danger of contact with exposed high-voltage conductors. Representative sample shells are proof-tested at 20,000 volts (phase to ground).
5. Class C. Class C helmets are intended to reduce the force of impact of fallingThis class offers no electrical protection.

NOTE: Proof-test voltages for Class A and B helmets are not intended tobe an indication of the voltage at which the headgear protects the wearer,but only the level at which they are tested.

ANSI Z89.1-1997 classifies protective helmets according to the specific impact (types) and electrical performance requirements they are designed to meet (classes).

1. Type I. Helmets intended to reduce the force of impact resulting from a blow only to the top of the head.
2. Type II. Helmets intended to reduce the force of impact resulting from a blow which may be received off center or to the top of the head.

NOTE: ANSI Z89.1-1997 eliminated the old Type I and Type II (full brim vs. no encircling brim) design designations. In the 1997 ANSI standard, Type I is used to designate vertical impact protection and Type II is used to designate vertical and side impact protection.

1. Class G (General). Class G helmets are intended to reduce the danger of contact exposure to low-voltage conductors. Test samples are proof-tested at 2,200 volts (phase to ground).
2. Class E (Electrical). Class E helmets are intended to reduce the danger of exposure to high-voltage conductors. Test samples are proof-tested at 20,000 volts (phase to ground).
3. Class C (Conductive). Class C helmets are not intended to provide protection against contact with electrical conductors.

NOTE: ANSI Z89.1-1986 specified the helmet classes as A, B, and C. The 1997 ANSI standard (Z89.1-1997) changed these helmet classes to G, E, and C. Prooftest voltages for Class G and E helmets are not intended to be an indication of the voltage at which the headgear protects the wearer, but only the level at which they are tested.

Foot Protection (29 CFR 1910.136)

Employers MUST ENSURE that employees wear protective footwear when working in areas where there is a danger of foot injuries from falling or rolling objects, or objects piercing the sole (1910.136(a)). 

Protective footwear must comply with ANY of the following consensus standards:

1. ASTM F-2412-2005, Standard Test Methods for Foot Protection, and ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear (1910.136(b)(1)(i)); or
2. ANSI Z41-1999, American National Standard for Personal Protection- Protective Footwear (1910.136(b)(1)(ii)); or
3. ANSI Z41-1991, American National Standard for Personal Protection- Protective Footwear (1910.136(b)(1)(iii)).

NOTE: Protective footwear that the employer demonstrates is at least as effective as footwear that is constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section (1910.136(b)(2)). The manufacturers’ instructions and the distributors’ literature may not be in themselves evidence of effectiveness.

For additional information on foot protection, see OSHA Publication 3151-12R-2003 Personal Protective Equipment (pdf). The following are some examples of foot (or lower leg) protection:

Metatarsal guards are designed to protect the top of the foot from the toes to the ankle over the instep of the foot. This protection is required when there is a potential for injury to that part of the foot from impact or compression hazards. Examples include handling heavy pipes or similar activities where loads could drop on or roll over an employee’s foot. These guards are made of aluminum, steel, composites, fiber or plastic, and may be attached to the outside of shoes.

Toe guards fit over the toes of regular shoes to protect the toes from impact and compression hazards. They may be made of steel, aluminum, or plastic. NOTE: ANSI Z41-1991, American National Standard for Personal Protection- Protective Footwear, which is incorporated by reference, requires at paragraph 1.4 that the toe box be incorporated into the footwear during construction and shall be an integral part of the footwear. An employer who chooses to provide employees with toe guards must demonstrate that they are as equally protective as the Z41-1991 standard as required by 1910.136(b)(1) and (b)(2).

Combination foot and shin guards protect the lower legs and feet, and may be used in combination with toe guards when greater protection is needed.

Safety shoes or boots provide protection against impact (impact resistant toes), compression and puncture hazards, and have heat resistant soles that protect against hot work surfaces.

Electrically conductive shoes provide protection against the buildup of static electricity.  Employees working in actual or potentially explosive and hazardous locations must wear conductive shoes to reduce the risk of static electricity buildup on the body that could produce a spark and cause an explosion or fire.  Foot powder should not be used with protective conductive footwear because foot powder provides insulation and reduces the conductive ability of the shoes. Silk, wool, and nylon socks can produce static electricity and should not be worn with conductive footwear. Conductive shoes must be removed when the task requiring their use is completed. WARNING!: Employees exposed to electrical hazards must NEVER wear conductive shoes.

Electrical hazard, safety-toe shoes or boots are intended to provide protection against open circuits of 600 volts or less under dry conditions. This footwear is designed to reduce hazards due to contact with electrically energized parts and is only intended to provide secondary electrical hazard protection on surfaces that are substantially insulated. They also provide toe protection.  WARNING! Electrical hazard footwear is not meant for use in explosive or hazardous locations where conductive footwear is required. Nonconductive footwear must not be used in an explosive or hazardous location. The insulating protection of electrical hazard shoes may be compromised if: the shoes become wet, the soles are worn through, metal particles become embedded in the sole or heel or employees touch conductive items that are grounded.

Foundry shoes have safety toe protection, insulate the feet from the extreme heat of molten metal, and keep hot metal from lodging in shoe eyelets, tongues, or other shoe parts. These snug-fitting leather or leather-substitute shoes have leather or rubber soles and rubber heels.

Applicable Electrical Standards (PPE Implications)

1910.137 Electrical Protective Devices, 1910.269 Electric Power Generation, Transmission, and Distribution

1910.333 Selection and Use of Work practices

1910.335 Safeguards for personnel protection

OSHA will cite 1910.137(b)(2)(ii) when the employer fails to ensure that the insulating equipment has NOT been inspected for damage before EACH day’s use and immediately following any incident that can reasonably be suspected of having caused damage.

OSHA will cite 1910.137(b)(1) when protective equipment has NOT been maintained in a safe, reliable condition and 1910.137(b)(2)(viii) when electrical protective equipment has NOT been periodically tested.  NOTE: Insulated protected tools and testing equipment are not considered to be personal protective equipment when working in proximity to exposed electrical parts. These tools are designed to make contact with exposed energized conductors or circuit parts.

OSHA’s existing clothing requirement in 1910.269(l)(6)(iii) does NOT require employers to protect employees from electric arcs through the use of flame-resistant clothing. Rather, it requires that an employee’s clothing does not increase the extent of an injury when exposed to flames or electric arcs. OSHA will cite 1910.333(a) when employers fail to select and use work practices to prevent electric shock from direct or indirect electrical contacts when work is performed near or on equipment or circuits which are or may be energized. Specific work practice requirements are detailed in 1910.333(c). OSHA will cite  1910.335(a)(2)(ii) when the employer fails to use safeguards, such as shields, barriers, or insulating material, to protect employees from shock, burns, or other electrically related injuries. In situations where safeguards that are not fully protective safeguards are used, OSHA’s citation policy for de minimis violations may apply if the employer has implemented supplemental measures, which could include the use of arc-rated clothing, to fully protect employees from all residual energy (e.g., the resultant thermal effects from the electric arc that passes the initial safeguard). See Letter of Interpretation dated November 14, 2006.

Hand Protection (29 CFR 1910.138)

Employers MUST select and REQUIRE AFFECTED employees to use appropriate hand protection when their hands are exposed to hazards such as:

• from skin absorption of harmful substances,
• severe cuts or lacerations,
• severe abrasions,
• punctures,
• chemical burns,
• thermal burns,
• harmful temperature extremes, and
• sharp objects.

EACH AFFECTED employee who faces possible bodily injury of any kind that cannot be completely eliminated through engineering, work practice or administrative controls must wear appropriate hand protection while performing their jobs. For additional information on hand and body protection, see OSHA Publication 3151-12R-2003 Personal Protective Equipment (pdf).  NOTE: Most chemical glove manufacturers provide recommendations based on the chemicals used and even the type of protection needed (such as immersion versus splash). Many of these recommendations are available from the manufacturers online.

Hearing Protection (29 CFR 1910.95)

When permissible noise exposure levels are exceeded and feasible administrative or engineering controls fail to reduce the noise level to below the PEL, the employer MUST provide hearing protection to EACH AFFECTED employee.  OSHA will determine whether employers have identified ALL AFFECTED employees and ensure EACH employee exposed above permissible noise levels wears the hearing protection.

Employee exposure to excessive noise is affected by a number of factors, including:

1. the noise level(s) as measured in decibels (dB),
2. the duration of exposure to noise,
3. whether employees move between work areas with different noise levels, and
4. whether noise is generated from one or multiple sources.

The Permissible Noise Exposures table below is from the OSHA noise standard; Table G-16 at 1910.95(b)(2). In general, the louder the noise (sound level), the shorter the period during which employees may be exposed without requiring hearing protection.

Permissible Noise Exposures
Duration per day, in hours	Sound level dBA in slow response
8	90
6	92
4	95
3	97
2	100
1.5	102
1	105
½	110
¼ or less	115

As part of a continuing, effective hearing conservation program employers must make hearing protection available to all employees exposed to an 8-hour time-weighted average of 85 decibels or greater measured on the A scale (slow response) at no cost to the employees.

The provisions of 1910.95(c) require employers to ensure that hearing protection is provided to, and worn by, ALL EMPLOYEES who:

1. are exposed to an 8-hour time-weighted average of 85 decibels or greater,
2. are required by 1910.95(b)(1) to wear personal protective equipment
3. have not yet had a baseline audiogram established pursuant to 1910.95(g)(5)(ii) as required by 1910.95(i)(2)(ii)(A); or
4. have experienced a standard threshold shift (1910.95(i)(2)(ii)(B)

Hearing protection equipment must be replaced as necessary (1910.95(i)(1), as ALL types of PPE have a LIMITED LIFE SPANS. For example, the foam seal on earmuffs flanges on rubber earplugs, and foam earplugs all lose their elasticity over time. As hearing protectors wear out, their attenuation properties are diminished. Also, the headband on earmuffs can relax so that they no longer provide a snug fit. Although some foam plugs can be washed several times in mild soap and water, they should usually be changed every day or two, especially in dusty or oily environments.  They should not be removed with dirty hands if they are expected to be reused, as reinsertion of dirty plugs may cause ear infections.

Employees must be given the opportunity to select hearing protection from a variety of suitable equipment provided by the employer (1910.95(i)(3). For example, employers must give employees a choice between at least one type of earplug and one type of earmuff since individuals may be more comfortable in one type of protection than in the other.

The employer MUST provide training in the use and care of all hearing protection provided to employees (1910.95(i)(4).

The employer MUST ensure proper initial fitting and supervise the correct use of all hearing protection (1910.95(i)(5).

Hearing Protector Attenuation

OSHA will determine whether the employer has evaluated hearing protector attenuation for the specific noise environments in which the protector will be used. The employer MUST use one of the evaluation methods described in 1910.95 Mandatory Appendix B: Appendix B: Methods for Estimating the Adequacy of Hearing Protection Attenuation(1910.95(j)(1). The OSHA eTOOL for Noise and Hearing Conservation, provides useful information related to noise potential health effects, noise standards limits, evaluation of noise exposures, and requirements for an effective hearing conservation program including:

1. Monitoring program;
2. Audiometric testing program;
3. Hearing protection devices (HPDs);
4. Employee training and education; and
5. Recordkeeping

Hearing protectors MUST attenuate employee exposure at least to an 8-hour time-weighted average of 90 decibels as required by paragraph (b) of the standard (1910.95(j)(2).  For employees who have experienced a standard threshold shift, hearing protectors MUST attenuate employee exposure to an 8-hour time-weighted average of 85 decibels or below (1910.95(j)(3)). 

The adequacy of hearing protector attenuation MUST be RE_EVALUATED whenever employee noise exposures increase to the extent that the hearing protectors provided may no longer provide adequate attenuation. Employers shall provide more effective hearing protectors where necessary (1910.95(j)(4).

General information on some types of hearing protectors:

Single use earplugs are made of waxed cotton, foam, silicone, rubber, or fiberglass wool. They are self-forming and, when properly inserted, they work as well as most molded earplugs.

Pre-formed or molded earplugs need to be individually fitted by a professional and can be disposable or reusable. Reusable plugs need to be cleaned after each use.

Earmuffs require a complete seal around the ears. Glasses, facial hair, long hair or facial movements (such as chewing) may reduce the protective value of earmuffs.

Employer Obligations to Provide and Pay for Personal Protective Equipment (PPE)

The PPE standards, 1910.132 through .138, establish the employer’s obligation to provide PPE to employees. In particular, 1910.132(a) states: “Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.”

OSHA’s final rule for Employer Payment for Personal Protective Equipment requires employers to pay for the PPE used to comply with OSHA standards, with specific exceptions. 72 F.R. 64341-64430 (November 15, 2007).

Many OSHA safety and health standards require employers to provide their employees with specific protective equipment, including personal protective equipment (PPE), when such equipment is necessary to protect employees from job-related injuries, illnesses, and fatalities. These requirements address PPE such as:

• hard hats,
• gloves,
• goggles,
• safety shoes,
• safety glasses,
• welding helmets and goggles,
• face shields,
• chemical protective equipment, and
• fall protection equipment.

OSHA standards requiring PPE state that the employer is to provide such PPE, but some of these provisions do not state that the employer is to provide such PPE at no cost to the employee. OSHA’s final rule for Employer Payment for Personal Protective Equipment adds explicit employer payment requirements to PPE provisions applicable to most industries, including the general industry PPE provisions at 1910. 72 F.R. 64341-64430 (November 15, 2007).  The rule did not change existing OSHA requirements as to the types of PPE that must be provided. Instead, the rule merely clarified that employers must pay for PPE required to comply with OSHA standards, except in the limited cases specified in the standards.

The final rule for  Employer Payment for Personal Protective Equipment became effective on February 13, 2008. The compliance deadline was May 15, 2008. This instruction provides enforcement guidance on the payment responsibilities of employers under OSHA standards requiring the use of PPE.  The PPE payment regulatory text for general industry can be found at 1910.132(h)(1) through (h)(7). The provisions applicable to other OSHA Parts are noted below.

PPE that is required to be provided at no cost to employees

PPE Payment Standards for Covered Industries

• General Industry 1910.132(h)(1) through (h)(7)
• Shipyard Employment 1915.152(f)(1) through (f)(7)
• Longshoring 1917.96(a) through (g)
• Marine Terminals 1918.106(a) through (g)
• Construction 1926.95(d)(1) through (d)(7)

Employers MUST provide at NO COST to employees the PPE that is used to comply with the provisions in Parts 1910, 1915, 1917, 1918, and 1926 that require PPE.  Employers must provide at NO COST to employees the PPE that is necessary to protect against the hazards that the employer is aware of as a result of any assessments required by those Parts. 

In some provisions, such as 1910.132(d), there is an explicit requirement to perform a hazard assessment. In others, such as 1926.95(a), the requirement to provide PPE “wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact” implies a duty to determine whether such hazards exist.

Generally, employers MUST provide PPE at NO COST to their employees. OSHA will determine ALL relevant factors that establish the existence of an employer-employee relationship. The nature and degree of control asserted over the work is one of many factors in examining whether an employer-employee relationship is present.  Other factors include:

1. the level of skill required to perform effectively,
2. the source of required instruments and tools,
3. the location of the work,
4. the duration of the relationship between the parties,
5. the right of the employer to assign new projects to the individual,
6. the extent of the individual’s control over when and how long to work,
7. the method of payment, the individual’s role in hiring and paying assistants,
8. whether the work is the regular business of the employer,
9. the provision of employee benefits, and
10. the tax treatment of the individual.

As noted above, the final rule applies to general industry, shipyard employment, marine terminals, longshoring, and construction. The PPE payment requirements apply to all employers in these industries, including those with short-term employees, whether referred to as temporary employees, piece workers, seasonal employees, hiring hall employees, labor pool employees, or transient employees. The PPE payment rule does not apply to agriculture.

If an employer-employee relationship is established, then the employer MUST provide PPE at NO COST to that employee. A truly self-employed “independent contractor” is not an “employee” under the OSH Act and is therefore not covered by OSHA standards. OSHA will carefully scrutinize the nature and degree of control asserted over the means and methods of how the work is to be performed, to determine that employees involved in day to day activities are in fact independent contractors.

Employers must provide, at no cost to employees, metatarsal guards attachable to shoes when metatarsal protection is necessary (1910.132(h)(2). If metatarsal protection is necessary under OSHA standards, and an employer requires employees to use metatarsal shoes instead of detachable guards, then the employer is required to provide the metatarsal shoe at no cost to the employee. If the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, then the employer is not required to pay for the metatarsal shoes or boots.

An employer MUST provide, at no cost to employees, upgraded PPE that the employer chooses to use to meet OSHA PPE requirements. OSHA standards set minimum requirements, but if employers choose a more expensive way to comply, then they have to provide the “upgraded” PPE at no cost to employees.

Examples of PPE that employers must provide at no cost to employees

The list below provides examples of PPE items that an employer is required to provide at no cost to employees under the PPE payment rule in complying with an OSHA standard. This table is not intended to be exhaustive. 

EXAMPLES OF PPE FOR WHICH EMPLOYER PAYMENT IS REQUIRED WHEN USED TO COMPLY WITH AN OSHA STANDARD

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-facepiece respirators.

Prescription eyewear inserts/lenses for welding and diving helmets.

Goggles.

Face shields.

Laser safety goggles.

Firefighting PPE (helmet, gloves, boots, proximity suits, full gear).

Hard hats / Bump Caps

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, such as 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 considerations)

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.

Self Contained Breathing Apparatus, atmosphere-supplying respirators (escape only).

Respirators.

Personal fall protection.

Ladder safety device belts.

Climbing ensembles used by linemen (for example, belts and climbing hooks).

Window cleaners’ safety straps.

Personal Flotation Devices (life jackets).

Encapsulating chemical protective suits.

Reflective work vests.

Some Exceptions to the Employer Payment Requirement

Non-specialty safety-toe protective footwear if the employer allows the employee to wear it off the job site. (See 1910.132(h)(2); 1915.152(f)(2); 1917.96(b); 1918.106(b); 1926.95(d)(2)). Examples:  Non- Specialty PPE or Safety Equipment: Safety toe protective footwear (leather/steel toe shoes/boots). Specialty PPE:Rubber boots with steel toes.

Non-specialty prescription safety eyewear if the employer allows the employee to wear it off the job site. (See 1910.132(h)(2); 1915.152(f)(2); 1917.96(b); 1918.106(b); 1926.95(d)(2)). Examples: Non- Specialty PPE or Safety Equipment:Prescription safety eyewear (ordinary). Specialty PPE:Prescription eyewear inserts/lenses for welding and driving helmets.

Metatarsal shoes (shoes with integrated metatarsal protection) as long as the employer allows the use of and provides, at no cost to employees, metatarsal guards attachable to shoes when metatarsal protection is required by OSHA standards. (See 1910.132(h)(3); 1915.152(f)(3); 1917.96(c); 1918.106(c); 1926.95(d)(3)).

Logging boots required by 1910.266(d)(1)(v). The logging standard does not require employers to pay for the logging boots required by 1910.266(d)(1)(v), but leaves the responsibility for payment open to employer and employee negotiation. The final PPE payment rule excludes this PPE from the employer payment requirement. (See 1910.132(h)(4)(i).

Everyday clothing. Long-sleeved shirts, long pants, street shoes, and ordinary fabric or leather work gloves may help employees avoid workplace injury and have protective value; however, the final rule excludes this everyday clothing from the employer payment rule. (See 1910.132(h)(4)(ii); 1915.152(f)(4)(i); 1917.96(d)(1); 1918.106(d)(1); 1926.95(d)(4)(i)).

Ordinary clothing used solely for protection from weather. Employers are not required to pay for ordinary clothing, skin creams, or other items used solely for protection from weather such as winter coats, jackets, gloves, and parkas that employees would normally have to protect themselves from the elements. (See 1910.132(h)(4)(iii); 1915.152(f)(4)(ii); 1917.96(d)(2); 1918.106(d)(2); 1926.95(d)(4)(ii)).  NOTE: 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. Clothing used in artificially-controlled environments with extreme hot or cold temperatures, such as freezers, is not considered part of the weather gear exception.

Replacement PPE when the employee has lost or intentionally damaged the PPE.  Existing PPE standards require that the employer provide replacement PPE used to comply with OSHA standards as necessary, when the PPE no longer provides the protection it was designed to provide, or when the previously provided PPE is no longer adequate or functional. The final rule clarifies that when 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. (See 1910.132(h)(5); 1915.152(f)(5); 1917.96(e); 1918.106(e); 1926.95(d)(5)).

Employee-owned PPE. This exception refers to PPE that employees already own and request to use (and are allowed by the employer to use) instead of the PPE that the employer provides at no cost to employees.  This exception also refers to upgraded PPE that employees want to buy and use (and that the employer allows) instead of the PPE that the employer provides at no cost to employees.

The PPE payment rule recognizes that employees may wish to use PPE they already own. If the employer determines that the PPE is adequate and allows them to use it instead of the one the employer has provided at no cost to employees, then the rule does not require the employer to reimburse the employee. However, the rule also makes clear that employers cannot require employees to provide their own PPE or to pay for their own PPE, unless such PPE is specifically exempted by the standard. The employee’s use of PPE that he or she owns must be completely voluntary and NOT a condition of employment, continuing employment, or a condition for placement in a job. (See 1910.132(h)(6); 1915.152(f)(6); 1917.96(f); 1918.106(f); 1926.95(d)(6)).  NOTE: OSHA recognizes that in certain emergency situations, such as response to a natural disaster, where immediate action is required, it may be necessary for employers to hire or select employees already in possession of the appropriate PPE. Where employees provide their own protective equipment, employers have a duty under 1910.132(b) to ensure the adequacy of the equipment, including proper maintenance and sanitation of the equipment.

Upgraded and Personalized PPE

An employer does not have an obligation to pay for PPE requested by an employee that exceeds the PPE requirements, provided that the employer provides PPE that meets the standards at no cost to the employee.

If the employer allows the employee to acquire and use upgraded or personalized PPE, then the employer is not required to reimburse the employee for the equipment, provided that the employer has provided adequate PPE at no cost to the employee.

An employer is still required to evaluate an employee’s upgraded or personalized PPE to ensure that it is: adequate to protect from hazards present in the workplace, properly maintained, and kept in a sanitary condition.

Examples of PPE and Other Items Exempted from the Employer Payment Requirements

The list below provides some more examples of PPE and other items that an employer is not required to provide at no cost.

EXAMPLES OF PPE AND OTHER ITEMS EXEMPTED FROM THE EMPLOYER PAYMENT REQUIREMENTS

Non-specialty safety-toe protective footwear (such as, steel-toe shoes/boots).

Non-specialty prescription safety eyewear.

Sunglasses/sunscreen.

Sturdy work shoes.

Non-specialty slip-resistant, non-safety-toe footwear.

Lineman’s boots.

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

Logging boots required under 1910.266(d)(1)(v).

Ordinary rain gear.

Back belts.

Long-sleeve shirts.

Long pants.

Dust masks and respirators used under the voluntary use provisions in 1910.134.

Items worn to keep employees clean for purposes unrelated to safety or health (denim coveralls, aprons).

Items worn for product or consumer safety (not employee safety and health). For example: hairnets worn solely to protect food products from contamination, that is not used to comply with machine guarding requirements; and plastic or rubber gloves worn solely to prevent food contamination during meal preparation (This would not include cut-proof gloves worn to prevent lacerations).

Items worn for patient safety and health; not employee safety and health.

Uniforms, caps or other clothing worn solely to identify a person as an employee.

Travel time and related expenses for employees to shop for PPE.

Permissible Use of PPE

1. An employer may allow PPE to be used off of the job site. However, they still must provide the required PPE at no cost to employees, even if use of the PPE is allowed off-site. NOTE: Some substance-specific OSHA standards require that PPE remain at the job site.

2. An employer may require that PPE provided at no cost to the employee remain at the worksite in, for example, lockers or other storage facilities.  NOTE: If an employer requires, for any reason, employees to leave their non-specialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots) and non-specialty safety eyewear at the worksite, then the employer must provide that PPE at no cost to employees.

Employers can use policies such as allowances, replacement schedules, and fair and uniformly enforced work rules to ensure that employees properly use and care for employer-provided PPE so long as the policies ensure that employees receive replacement PPE at no cost to them as required by the rule.

Recovery of PPE

The rule does not prohibit the employer from requiring the employee to return the PPE (provided at no cost) upon termination of employment. If an employee quits his/her job and does not return the employer’s PPE, then the employer may require the employee to pay for it, or take reasonable steps to retrieve the PPE.  Employers who employ short-term and part-time employees may require employees to return employer-owned PPE at the end of the day or when they terminate employment, and may use a deposit system or other mechanism to help ensure that such employees return the PPE.

Payment for Replacement PPE

Employers are required to replace PPE following the criteria in OSHA’s existing standards governing when PPE is required to be replaced. For example: “Hearing protectors shall be replaced as necessary,” under 1910.95(i)(1) means that employers must replace worn out hearing protectors.

Employers must provide replacement PPE at no cost to the employee except when the employee has lost or intentionally damaged the PPE.

Employers do not have to bear the cost of replacing PPE that the employee has lost, even if it is a single instance. The PPE may be considered “lost” if the employee comes to work without the issued PPE.

The rule does not prohibit employers from sending employees home to retrieve the PPE or from charging an employee for replacement PPE when the employee fails to bring the PPE back to the workplace.

Employers are free to develop and implement workplace rules, such as reasonable and appropriate disciplinary policies, replacement schedules, and allowances, to ensure that employees have and use the PPE that the employer has provided at no cost to employees.

The employer has an obligation to pay for replacement PPE when the working conditions have changed such that PPE an employee has provided at his/her cost, and which was not previously required to comply with an OSHA standard, later becomes required by an OSHA standard.

If the emplopee has provided PPE at his/her own cost that is no longer adequate, then the employer must pay for the replacement PPE that is required to comply with the rule, unless the employee voluntarily decides to provide and pay for his or her own replacement PPE, which may occur if the employee wants personalized or upgraded PPE.  However, under these circumstances:

1. the employer is prohibited from requiring employees to provide their own PPE unless exempted from the payment standard; and
2. the employer must pay for replacement PPE if the employee no longer volunteers his or her own PPE for workplace use

Other PPE Guidance and Information

Reflective Clothing

OSHA will cite Section 5(a)(1) of the OSH Act, and not 1910.132(a), for failure to provide employees high visibility, reflective, or warning clothing or vests for any hazards identified in general industry.

Electric Arc and Flame Resistant Clothing

It is noted that 1910.269 does not specifically require employers to protect employees who are exposed to momentary electric arc and related thermal hazards (i.e., exposure to open flame and radiant heat) through the use of flame-resistant clothing. However, the employer must ensure that each employee who is exposed to the hazard of flames or electric arcs does not wear clothing that, when exposed to flames or electric arcs could increase the extent of injury that would be sustained by the employee.  NOTE: On June 15, 2005, OSHA proposed to amend the existing standards in Parts 1910 and 1926 for Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment (70 F.R. 34821-34980). OSHA proposed a rule that would require employers to provide FR clothing under certain conditions. If OSHA determines in that rulemaking that FR clothing is required, then it will become subject to the provisions of the PPE payment rule, unless the standard specifically exempts FR clothing from employer payment.

Other FR Clothing

Employers are required to provide, at no cost to employees, FR clothing for applications such as, but not limited to, the handling of flammable chemicals.  OSHA will cite 1910.132(a), for failure to provide and ensure the use of flame-resistant clothing necessary to protect employees from burns due to flash fires. For more information regarding OSHA’s enforcement policy for flash fires refer to the following hyperlink, March 19, 2010 Enforcement Policy for Flame-Resistant Clothing in Oil and Gas Drilling, Servicing, and Production related Operations

OSHA will cite 1910.132(b), for failure to ensure that employee-owned FR clothing is properly maintained and sanitary. 

OSHA will cite 1910.132(c), for failure to provide FR clothing that is of safe design and construction for the work being performed.

OSHA will refer to consensus standards such as NFPA 2112, Standard on Flame–Resistant Garments for Protection of Industrial Personnel Against Flash Fire, and NFPA 2113, Standard on Selection, Care, Use, and Maintenance of Flame-Resistant Garments

 

PPE Payment Q&A

1. Are employers required to pay for lineman belts and hooks when used to comply with an OSHA standard?

Yes. Lineman belts and hooks provide protection to employees from falls while climbing and/or performing work. This equipment is considered PPE and employers must pay for it when used to comply with an OSHA standard.

2. Electrical employees may use fiberglass poles known as “hot sticks” to push over power lines when they are working on the lines. Are these poles regarded as PPE?

No. While some specific and specialized tools have protective characteristics, such as electrically insulated “hot sticks” used by electric utility employees to handle live power lines, this  equipment is more properly viewed as an engineering control that isolates the employee from the hazard. Therefore, they are not covered by the PPE payment standard.  However, because they are an engineering control method, employers must pay for this equipment.

3. As it pertains to prescription eyewear, would non-specialty safety eyewear furnished with permanent side shields be paid for by the employer?

The PPE payment rule specifically exempts non-specialty prescription safety eyewear. Non-specialty safety eyewear worn to protect an employee from impact hazards typically has removable or permanent side shields to provide this protection. Employers are not required to pay for prescription safety eyewear with removable or permanent side shields as long as the employer provides safety eyewear that fits over the employee’s prescription lenses. (See preamble to 72 F.R. 64341-64430, Employer Payment for Personal Protective Equipment; Final Rule, November 15, 2007.)

4. In some situations, employees are required to wear shoes with a slip resistant sole that are uniform in color. The employees wear the shoes to and from work and in other places outside of the work environment. These shoes are indistinguishable from ordinary “street” shoes and many different types of shoes with rubber soles. These employees are not exposed to hazards such as crushing or penetrating injuries or falling or rolling objects, requiring safety shoes with steel toes or metatarsal protection. In such cases, would the slip resistant shoes required here rise to the level of safety footwear with additional protection or more specialized protection, and, therefore, must be provided at no cost?

No. The employer is not required to pay for non-specialty shoes that offer some slip- resistant characteristics, but are otherwise ordinary clothing in nature.

5. What are some examples of equipment that the standard does not require employers to pay for?

Employers are not required to pay for items worn to keep an employee clean for purposes unrelated to safety or health (e.g., denim coveralls and aprons worn solely to prevent clothing and/or skin from becoming soiled and unrelated to safety or health). In addition, the employer does not have to pay for uniforms, caps, or other clothing worn solely to identify a person as an employee.

6. When an employer decides to use flame-resistant clothing (FRC) to protect employees from any type of fire exposure hazard (e.g., flash fire or arc flash) is the employer required to pay for the FRC?

Yes, the employer is required to provide, ensure use, and maintain protective clothing in a   sanitary and reliable condition whenever it is necessary by reason of hazards, capable of causing injury in any part of the body, as addressed in 1910.132(a). Where employees are exposed to electrical hazards (e.g., substations or electrical panels that present the potential for arc flash) refer to Safeguards for personnel protection. – 1910.335 and 1910.132(a) for PPE. Where there are flash fire hazards in General Industry occupations e.g., in the oil and gas industry and in petroleum-chemical plants, the employer is required to pay for FRC as indicated in 1910.132(h)(1). More information relating to FRC use in the oil and gas industry, including gas well drilling, servicing and production related operations, can be found in OSHA’s memorandum dated March 19, 2010 Enforcement Policy for Flame-Resistant Clothing in Oil and Gas Drilling, Servicing, and Production related Operations.

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Interpretation Letters Addressing 1910.132

1910.132; 7/6/05; Acceptability of a fixed ramp with a one-in-four slope on an industrial conveyor. Podlovsky

1910.132;  4/3/81; Applicability of Abrasive Wheel Machinery Guarding Requirements to Scotch-Brite Brand Wheels and Brushes Manufactured by the 3-M Company. Hayes Bell

1910.132 1/29/04 Concern of potential adverse effects from latex by consumers and health care patients with Hevea Natural Rubber Latex Allergy. Spiker

1910.132 8/07/07 Determining the presence of blood in mixture that comprises raw sewage. Cooper

1910.132 5/14/07 Employer liability and payment requirements for prescription protective eyewear. Sklar

1910.132 5/1/08 Employer payment for lineman belts and hooks when the equipment is used to comply with an OSHA standard. Niedenthal

1910.132 10/3/80 Employer not requiring employees that are pouring iron to wear protective clothing, may be cited under 1910.132 (a) Cosbey

1910.132 4/14/93 Evaluation and use of radiofrequency protective clothing. Stanley

1910.132 1/26/94 Exemption from wearing hard hats. Kalsi

1910.132 6/10/99 Fall protection and foot protection for power line workers. Graham

1910.132 1/28/97 Fall protection for the entertainment industry under the OSH Act of 1970. DeLawyer

1910.132 3/27/98 Fire retardant PPE requirements and PPE hazard assessment. Hopper

1910.132 7/25/03 General Duty Clause (5(a)(1)) citations on multiemployer worksites; NFPA 70E electrical safety requirements and personal protective equipment. Brown

1910.132 6/26/85 Gloves are required for employees handling chloropicrin; Arsenic containing pesticides and wood preservatives are not within the scope for the inorganic arsenic standard. Lake

1910.132 4/17/92 Hazards to and personal protective equipment for hands and torsos of retail meat cutters.  Nowell

1910.132 12/2/91 Hazwoper training in hospitals. Andree

1910.132 10/2/00 Hearing protection and the responsibility for paying for the hearing protectors including replacement devices/parts. Nowell

1910.132 9/11/95 Interpretation of OSHA requirements for personal protective equipment to be used during marine oil spill emergency response operations. White

1910.132 7/3/95 Interpretation of the Personal Protective Equipment standard. Allen

1910.132 12/7/95 Interpretation of the electric power generation, transmission, and distribution standard. White

1910.132 8/11/95 OSHA PPE standard requirements for hazard assessment and employee training and the OSHA HAZWOPER standard requirements. Markelz

1910.132 11/14/06 OSHA requirements for warning signs and protection from electric-arc-flash hazards and compliance with NFPA 70E-2004. Linhard

1910.132 6/30/1992 OSHA rules pertaining to the wearing of hard hats by employees who are members of certain religious groups. Howes

1910.132 11/20/91 Occupational protective footwear for molten metal workers in the foundry industry. Syptak

1910.132 08/25/04 Payment for Personal Protective Equipment (PPE) that is required to be provided by 1910.132. Milleson

1910.132 03/19/09 Payment for static dissipative safety-toe footwear for working with flammable liquids and products. Banaszak

1910.132 09/20/93 Personal protective equipment, general requirements and employer responsibility. Zebor

1910.132 07/03/07 Requirement for employer to assess potential hazards of handling trailer debris to provide necessary PPE and hazard communication information to affected employees. Poulos

1910.132 03/07/06 Requirement for flame-resistant clothing in petrochemical plant covered by PSM. Zemen

1910.132 08/11/94 Requirements for emergency eyewash stations in retail auto parts stores. Raiford

1910.132 09/05/02 Respiratory protection requirements for hospital staff decontaminating chemically contaminated patients. Roth

1910.132 03/12/96 Scope of logging standard — 1910.266. Miles

1910.132 12/10/91 Sharp knives and utensils in the workplace. Grassley

1910.132 03/31/94 Standard requirements for eyewash and shower equipment, personnel and other protective. equipment and air circulation fans, used in an automotive battery charging area. Caputo

1910.132 06/05/85 Standards applicable to Bell Industries “Carb- Cutter” powered tool. Novascone

1910.132 01/23/95 The application of the Personal Protective Equipment standard to PPE hazard assessment and training for laboratory and clinical health care workers. Miller

1910.132 05/07/92 The correct testing procedure for tree-trimming saddle belts. Kloster

1910.132 04/29/82 The employer shall make the appropriate safety footwear available. Miles

1910.132 09/10/92 The use of Billy Pugh baskets in the fishing and fish processing industry. Clark

1910.132 11/01/93 The use of a crane near overhead power lines. Schaffner

1910.132 08/22/77 The wearing of hard hats. Coufal

1910.132 11/21/91 The wearing of leather shoes rather than leather sneakers or deck shoes while operating vehicles. Byrd

1910.132 05/04/00 Trainee signatures are not required to verify training; U.S. Postal Service is covered by the OSHAct. Ferranto

1910.132 12/02/02 Training and PPE requirements for hospital staff that decontaminate victims/patients. Hayden

1910.132 10/22/92 Use of personal protective equipment by electric utility linemen. Brown

1910.132 09/11/96 Voluntary safety and health audits under the Occupational Safety and Health Act. White

1910.132 07/17/06 Wearing “Crocs” brand shoes with a partially open heel and a covered toe in a pharmacy setting. Patel

1910.132 08/28/03 Wearing of open-toed shoes in an office environment. Siemon

1910.132 01/25/07 Wearing short-sleeved shirts while performing a thermal spray operation with exposure to hexavalent chromium fumes. Crawmer

1910.132 01/17/91 Decision in The Hardaway Co. v. Dole Case. Clark

1910.132 09/13/01 Fall protection requirements for both residential and commercial HVAC systems; clarification of confined spaces. Vance

1910.132 05/23/05 Fall protection requirements when working from ladders in the  telecommunications industry. Hazelton

1910.132 10/04/84 Hazards requiring foot protection and criteria for protective footwear. Keiler

1910.132 12/02/76 OSHA regulations governing the use of personal protective equipment. Patterson

1910.132 08/28/98 PPE for overexposure to the sun’s radiation. Asaff

1910.132 06/19/00 PPE must be provided for serious sun exposure hazards. Markland

1910.132 03/07/06 Requirement for flame-resistant clothing in petrochemical plant covered by PSM. Zemen

1910.132 02/04/04 Requirements for providing seatbelts for drivers whose size precludes their using seatbelts. Kunz

1910.132 05/13/86 The acceptability of manhole entries through concentric cone or eccentric cone concrete pipe transition sections to underground workplaces. Felton

1910.132 04/16/98 Using sunscreen to shield worker exposure to sun’s radiation. Wright

1910.132 08/19/98 Workers must be protected from hazards of heated (hot) surfaces. Lodge

1910.132 03/08/02 Acceptable use of single point anchor systems for window cleaning operations. Strats

1910.132 11/11/98 Assessing hazards to select eye and respiratory protection. Miles

1910.132 10/18/96 Enforcement of Fall Protection on Moving Stock. Miles

1910.132 04/02/97 OSHA standard for rung spacing on fixed industrial ladders and PPE in powered industrial vehicle battery changing. DeWitt

1910.132 04/14/08 Request to provide list of corrosive materials and concentrations requiring use of emergency eyewashes and showers. Page

1910.132 09/05/02 Respiratory protection requirements for hospital staff decontaminating chemically contaminated patients. Roth

1910.132 12/02/02 Training and PPE requirements for hospital staff that decontaminate victims/patients. Hayden

1910.132 08/28/03 Wearing of open-toed shoes in an office environment. Siemon

1910.132 12/22/08 Requirements of the HCS and the employer’s ability to rely on a manufacturer’s hazard determination. Fox

1910.132 09/05/02 Respiratory protection requirements for hospital staff decontaminating chemically contaminated patients. Niedenthal

1910.132 12/02/02 Training and PPE requirements for hospital staff that decontaminate victims/patients. Hayden

1910.132 05/01/08 Employer payment for lineman belts and hooks when the equipment is used to comply with an OSHA standard. Niedenthal

1910.132 03/16/09 Payment for body belts, positioning straps, and pole and tree climbers. Theis

1910.132 03/19/09 Payment for static dissipative safety-toe footwear for working with flammable liquids and products. Mattiford

1910.132 03/16/09 Payment for body belts, positioning straps, and pole and tree climbers. Banaszak Mattiford Theis

Interpretation Letters addressing 1910.133

1910.133 5/2/98 Requesting consideration of your integral one piece lenses product as meeting the intent of the OSHA Eye and Face Protection standards. Fesi, Jr

1910.133 3/16/88 OSHA has determined that your product, the 1910S-clear 1900 series Tuff-Spec safety spectacle does provide protection equivalent to that provided by eye protection which meets all the requirements of ANSI Z87.1-1968. Therefore, OSHA would consider employers using this Code

1910.133 10/13/88 Gentex Shade 2.0 infrared product, as meeting the intent of the Occupational Safety and Health Administration (OSHA) standards. Fesi, Jr

1910.133 1/29/07 Detachable side protectors (e.g., clip-on or slideon side shields) that meet the pertinent requirements of the section are acceptable. Reynolds

1910.133 8/7/84 The use of a tint in safety glasses in the workplace. Chopek, Jr

1910.133 5/14/07 Employees who wear prescription glasses wear a larger bulkier type of safety glasses over their prescription glasses. Sklar

1910.133 4/2/97 Clarification of two safety concerns, rung spacing on fixed ladders and personal protective equipment (PPE). DeWitt

1910.133 2/13/89 Consideration of the Encon Tuff-Spec 1990 FTCollection safety spectacles. Wells

1910.133 9/3/86 Eye protective device called “Type 3” regarding Eye and Face Protection standard. Koslesky

1910.133 10/21/85 OSHA has determined that your product, the 1910S-clear 1900 series Tuff-Spec safety spectacle does provide protection equivalent to that provided by eye protection which meets all the requirements of ANSI Z87.1-1968. Kline

1910.133 8/30/85 OSHA has determined that your product, the Gleneagle spectacle with 2-mm thick polycarbonate plano lenses, does provide protection which meets all the requirements of ANSI Z87.1-1968. Kaufman

1910.133 7/17/85 OSHA’s standards at [1910.133(b)(2)] provide that “design, construction, testing, and use of devices for eye and face protection shall be in accordance with American National Standard for Occupational and Education Eye and Face Protection, Z87.1-1968.” Heaps

1910.133 6/5/85 (OSHA) standards applicable to a Bell Industries “Carb-Cutter”. Novascone

1910.133 11/19/82 Regarding the wearing of photo-grey safety lenses. Glenn

1910.133 4/14/08 Regarding eyewash and shower facilities. Page

1910.133 11/11/98 Regarding advice on the use of eye protection and respiratory protection in your studio where you produce glass beads. Georgopoulos

1910.133 9/29/94 Clarification of the Subpart I and Subpart S requirements as they apply to electrical workers who wear glasses. Ingram

1910.133 8/11/94 OSHA does not have specific standards requiring emergency eyewash for the protection of employees working in retail auto parts stores and handling automobile batteries. Raiford

1910.133 3/31/94 OSHA does not have specific standards for commercial battery shops; however, the standard at 1910.178(g) requires certain precautions to be taken when charging electric batteries of powered industrial trucks. Caputo

1910.133 8/13/94 OSHA has determined that your product does provide protection equivalent to that provided by eye protection which meets all the requirements of ANSI Z87.1-1968. LaMarre

1910.133 8/13/94 Clarification regarding OSHA’s position on the selection of air purifying respirators (APRs) for gases and vapors with poor warning properties, particularly the common diisocyanates such as Toluene-2,4-diisocyanate (TDI), Hexamethylene- 1,6-diisocyanate (HDI) and Methylene bisphenyl isocyanate (MDI). Janssen

1910.133 4/18/97 (OSHA) does not approve or endorse products. Christensen

1910.133 7/3/95 Requesting an interpretation of our Personal Protective Equipment standard, 1910.132-.138. Esquire

1910.133 10/10/90 Regarding the acceptability of your emergency eye and face wash products and their compliance with OSHA standards. Allison

1910.133 4/8/83 Clarification regarding light duty pneumatic operated hand held tackers (staplers) which are not equipped with a safety release lever to prevent fastener ejection. Stanley

1910.133 10/22/82 OSHA Standards applicable to eye protection (ANSI Z87.1-1968) during the welding operation the use of contact lenses is acceptable. Lake

1910.133 12/9/76 It is recommended that you provide safety glasses with permanently attached side shields. Pryde

Interpretation Letters addressing 1910.134

1910.134 11/13/1984 Respiratory protection from ethylene oxide. Fenerty

1910.134 3/24/1987 OSHA’s acceptance of the Biopak 60P and Biopak 30P for fire-fighting is that these rebreathers are positive pressure devices. Russell

1910.134 3/7/2003 Employer cannot permit respirators with tightfitting facepieces to be worn by employees who have facial hair. Senator Levin

1910.134 5/1/2008 Oxygen-deficient atmosphere requirements in the Respiratory Protection Standard. Senator Sununu

1910.134 5/10/2007 Clarification of OSHA’s asbestos standards for general industry and construction and the respiratory protection standard as applied to medical surveillance of employees. Rafferty

1910.134 10/22/1997 OSHA is not a respirator testing and approval agency. Reandeau

1910.134 10/16/1998 A review of the medical evaluation portion of your company’s respiratory protection program to determine compliance with OSHA’s new Respiratory Protection Standard, 1910.134. Beaujon

1910.134 2/5/2004 A health care facility must perform fit testing for employees who must wear a respirator for protection against Mycobacterium tuberculosis (M. tuberculosis), SARS, Smallpox and Monkeypox. Friedman

1910.134 12/2/1991 Regarding the training of a hospital maintenance worker who is expected to respond to ethylene oxide gas leaks. Andree

1910.134 7/18/1996 Your inquiry requested written clarification of issues related to “incipient stage fire brigades.” Grisham

1910.134 7/3/1995 Requesting an interpretation of our Personal Protective Equipment standard, 1910.132-.138. Allen

1910.134 1/9/2009 Conflict preemption precludes state courts from finding that OSHA-required, respirators do not meet (NIOSH) certification. Shipp

1910.134 7/12/2006 You indicated in your letter that your consulting group provides environmental and safety consultation in the PSM area. Palmer

Interpretation Letters addressing 1910.135

1910.135 7/13/1993 Variances for Head Protection. Shaw

1910.135 6/25/2002 The use of aluminum hard hats. Harper

1910.135 7/25/2003 Clarification on the Multi-Employer citation policy. Brown

1910.135 1/21/1980 The wearing of bump caps. Conklin

1910.135 8/23/1983 Requirements for Head protection. Sisisky

1910.135 11/30/1977 When to wear hard hats. Speece

1910.135 1/26/1994 Exemption from wearing hard hats. Kalsi

1910.135 7/3/1995 Hazard assessment for PPE. Allen

1910.135 10/27/2009 Adhesive stickers, paints on protective helmets. Cohan

Interpretation Letters addressing 1910.136

1910.136 8/6/2007 USPS will remove the statement from all of their documents, including the MMO-XXX-03, Attachment 4 document. Thompson

1910.136 7/17/2006 Relating to the use of “Crocs” Brand shoes (those that have a partially open heel but a covered toe) in a pharmacy setting. Patel

1910.136 8/28/2003 Regarding the wearing open toe shoes in an office. Siemon

1910.136 2/18/1994 ANSI requires safety-toe safety shoes meet a compression test and an impact test. Perry

1910.136 12/5/1985 OSHA standard for foot protection. Robinson

1910.136 10/9/1994 Hazards requiring foot protection and criteria for protective foot wear. Keiler

Interpretation Letters addressing 1910.137

1910.137 10/19/2006 FR Clothing and Eye Protection. Ziobro

1910.137 12/27/1991 Insulated tools & Insulated Handling Equipment. Magers

1910.137 8/12/1994 Rubber Insulating Gloves. Dittmer

1910.137 7/12/1996 Retesting of rubber insulating matting Luoma

1910.137 12/3/1991 Distance to Overhead Power Lines. Miles

1910.137 7/28/2006 Work inside an electrical panel. Kante

Interpretation Letters addressing 1910.138

1910.138 10/3/1997 Latex surgical exam gloves should not be used for skin protection against glutaraldehyde. Duff

1910.138 4/7/1998 The Occupational Safety and Health Administration does not have any regulations requiring the use of latex gloves during the preparation and serving of food. Sabas

1910.138 3/28/1995 Selection criteria used when providing hand protection. Lueck