OSHA’s New PPE Rule for Construction Workers: Ensuring Proper Fit and Safety
Dec 20, 2024Personal Protection Equipment in Construction
OSHA’s new rule becomes effective on January 13, 2025
The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) recently announced the finalization of revisions to the rule governing personal protective equipment (PPE) in the construction industry. The final rule, published in the Federal Register on December 12, 2024, includes an explicit requirement that PPE properly fit each affected employee. OSHA believes that ill-fitting PPE discourages workers from using it, leading to increased risk.
According to the National Institute for Occupational Safety and Health (NIOSH), many women working in the construction industry say that their protective equipment fits them poorly. Proponents of the change say that it will not only benefit women, but also workers with disabilities and those with larger or much smaller body types. The rule applies to all types of PPE —footwear, gloves, helmets, safety glasses, hearing protection, respirators, and protective clothing — which are fundamental to worker safety. The new rule amends the old PPE standard, 29 CFR 1926.95(c), by explicitly requiring all gear to fit correctly. The new rule is scheduled to take effect on January 13, 2025.
What does “properly fitting” mean?
When the Notice of Proposed Rulemaking was announced in July 2023, some stakeholders expressed concern that the agency had not defined exactly what “properly fitting” means. Some individuals and professional associations felt that without more specificity about what “properly fitting” meant, employees could complain about “improperly fitting” PPE simply because it is uncomfortable – or they simply do not want to wear it.
In the final rule, OSHA responds to this concern by saying the agency is “willing to work with construction industry stakeholders to develop specific guidance that will broadly address any confusion or concerns the industry has about provided PPE thatproperly fits workers.” OSHA maintains that before such specific guidance can be developed, the agency must have “clear and explicit language in its construction standards that communicates an employer’s obligations.” OSHA believes that the language in the revised rule accomplishes this goal. While most construction employers are probably already on board with OSHA’s general understanding of “properly fitting” PPE, the new rule will create another area of regulatory scrutiny whenever OSHA visits a construction site. Employers should be prepared to show compliance officers that they are being responsive to OSHA’s “proper fit” rule. Nevertheless, this new requirement could come in conflict with OSHA’s requirement to conduct “reasonable” inspections – e.g. will OSHA make everyone take their boots off and measure their feet? We shall see.
New expectations
As previously reported, an indicator employers should reference to determine what OSHA expects from them can be found in Table 7 of the new rule. In this table, OSHA defines the three categories of PPE used in construction:
• PPE provided by the employer and not of universal fit,
• PPE items purchased by the employee and reimbursed by the employer and
• PPE of universal fit.
PPE items identified as universal fit are adjustable and capable of fitting most people. The only PPE that OSHA believes may need replacement because of this final rule are the items provided by the employer and not universal fit: body harnesses, chemical protective clothing, chemical protective footwear, chemical splash goggles, earmuffs, earplugs, face shields, gloves for abrasion protection, gloves for chemical protection, non-prescription safety glasses, safety goggles, safety vests, and splash aprons.
For these items, the standard size may only fit some workers. OSHA suspects that in cases where employers have provided only standard-sized PPE, some workers may not have been provided properly fitting PPE. Respirators are not included in this list because fit testing is already required in paragraph 1910.134(f) of the respiratory protection standard 29 CFR 1910.134(f).
What employers should do
While OSHA does not believe this change will significantly increase employers’ costs or compliance burdens, once the rule is effective, construction employers should begin stocking a much broader array of PPE for certain items than they may have in the past. Or adopting a simple administrative control by asking each employee to sign a PPE checklist confirming receipt and proper fit.
It should also be noted that federal agencies are currently making a significant post- election push to finish and finalize major agenda items before January 20, 2025. Employers should be aware that the final rule will still be subject to the Congressional Review Act. Even though the rule has enjoyed general support from both industry and labor, it is certainly possible that it could be overturned by the next administration.
If you have any questions or concerns about how this rule will impact your business — or if you have received a citation for any reason — don’t hesitate to contact Orr & Reno for assistance.
