Occupational Safety and Health Administration (OSHA) revisions to the personal protective equipment (PPE) standard for construction workers are set to take effect Jan. 13 and are aimed at improving workers’ safety from hazardous conditions.
The final rule will “explicitly require that the equipment must fit properly,” according to OSHA.
PPE in the construction industry can include hard hats, gloves, goggles, safety shoes, safety glasses, welding helmets and goggles, hearing protection devices, respirators, coveralls, vests, harnesses, and full body suits. These items are designed to prevent job-related injuries, illnesses, and deaths.
Safety Concerns
The construction industry had the most fatalities (1,075) among all industry sectors in 2023, its highest total since 2011, according to the National Census of Fatal Occupational Injuries. Falls, slips, and trips accounted for 39.2% of all construction fatalities (421), with transportation incidents accounting for another 22.3% of fatalities (240).
“I’ve talked to workers in construction, particularly women, who have spoken of personal protective equipment that didn’t fit or was simply unavailable at the jobsite in their size,” said Assistant Secretary for Occupational Safety and Health Doug Parker in the news release. “PPE must fit properly to work.”
Examples of ill-fitting PPE include pant legs and shirt sleeves that are too long, which can cause tripping hazards or make it difficult to use tools or control equipment.
“Proper eye equipment can save an eye,” said Matthew Cox, an attorney with Smith Currie Oles in Charlotte, N.C., with extensive experience in construction law and commercial law. “Loose gloves can get pulled by a machine, and hats with no chin straps can fall off.”
Definition of Proper Fit
The final rule states that PPE must fit properly to provide appropriate protection to employees from workplace hazards. Improperly fitting PPE may fail to provide any protection, reduce the gear’s effectiveness, present additional hazards, or discourage employees from using such equipment in the workplace.
According to OSHA, properly fitting PPE “does not create additional safety and health hazards arising from being either too small or too large.”
“Ultimately, I think employers just need to continue using common sense when providing PPE to make sure there’s a proper fit,” said John Ho, co-chair of the OSHA-Workplace Safety Practice for Cozen O’Connor in New York. “This rule does not require a competent person to ensure that PPE fits properly, but I would also advise construction employers that if employees complain about PPE, they need to take those claims seriously, which hopefully they would have done regardless of the new rule,” he added.
The rule is designed to align PPE requirements in the construction industry with what is already required in OSHA’s general and maritime industry standards. An economic analysis by the agency determined that the new rule will not have a significant impact on small businesses. The average cost is $52 per employee, Cox said.
“OSHA wants the standard to be uniform across all industries so that all workers are protected,” said Cox. “Even in certain small business situations where employees provide their own PPE, employers are still required to check for proper fit.”
OSHA received 85 comments during the public comment period for the rule. The vast majority of commenters supported the change and cited various examples of injuries caused by ill-fitting PPE. Some commenters noted that the lack of properly fitting PPE can lead to a less inclusive workplace and said that properly fitting PPE could increase worker retention and productivity.
What Employers Need to Do
Even when employees provide their own PPE, OSHA requires the employer to ensure the gear’s adequacy through proper maintenance and sanitation.
Improperly fitting PPE can be uncomfortable for the wearer, OSHA stated, which can lead workers to modify or disregard the PPE and become vulnerable to a hazard. The employer should take an employee’s expression of discomfort seriously.
With few exceptions, OSHA requires employers to pay for PPE when it is used to comply with an OSHA standard. Cox stated that new OSHA penalty amounts for employers found to be in noncompliance will take effect Jan. 16.
- The maximum penalty for serious and other violations will increase from $15,625 per violation to $16,131 per violation. The minimum penalty for other-than-serious violations is still $0; for serious violations, it will be $1,190 per violation.
- The minimum penalty for willful or repeated violations will be $11,524, and the maximum penalty for willful or repeated violations will increase from $156,259 per violation to $161,323 per violation.
Employers are advised to audit their current PPE inventory and ensure that proper sizes are available for all workers prior to Jan. 13. The Center for Construction Research and Training and the International Safety Equipment Association list manufacturers of PPE specifically for women. OSHA lists additional PPE resources for women on the agency’s website.
“Employers just need to review their practices for issuing PPE to make sure they document that the PPE is properly fitting, and potentially have employees sign off that the PPE is properly fitting,” Ho said. Employees need to know that they should inform their supervisors if the PPE becomes damaged on down the line and no longer fits properly.
As to whether the new rule will remain in effect under the Trump administration, Cox does not see challenging it as a high priority for the industry. Ho agreed, though he stated that he would be surprised if there were not some challenge to it given the new political landscape.
An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.
Related Content
HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.
The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.
Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.