On July 20, the Occupational Safety and Health Administration (OSHA) proposed revising the agency’s construction industry personal protective equipment (PPE) standard to require that PPE properly fit affected employees (88 Fed. Reg. 46706).
OSHA’s general industry and maritime PPE standards explicitly require that PPE fit properly, according to the agency, and the proposal would clarify the requirement for the construction industry.
The current construction industry PPE standard (29 Code of Federal Regulations (CFR) §1926.95) doesn’t include a stated requirement that PPE properly fit each affected employee. The current standard requires that PPE be “provided, used, and maintained in a sanitary and reliable condition” and that the employer is responsible for ensuring “its adequacy, including proper maintenance, and sanitation of such equipment.”
PPE’s failure to properly protect physically smaller construction workers due to poor fit and problems with access to properly fitting PPE have been longtime safety and health concerns in the construction industry, according to OSHA, especially for some women.
According to the Bureau of Labor Statistics (BLS) employment data cited by OSHA, there were approximately 974,000 women working in the construction industry in 2018.
Both the International Safety Equipment Association (ISEA) and the Center to Protect Workers’ Rights (CPWR) provide lists of PPE manufacturers that offer safety and health equipment that’s appropriate for women working in construction.
PPE must fit properly to provide employees with adequate protection. Improperly fitting PPE may fail to provide any protection to an employee, according to OSHA, and it may present additional hazards. OSHA cited the examples of sleeves on protective clothing that are too long and improperly fitting gloves that may make it difficult to operate machinery or use tools. The legs of protective garments that are too long can cause tripping hazards.
Improperly fitting PPE may even discourage employees from using protective equipment in the workplace, according to OSHA.
“If personal protective equipment does not fit properly, an employee may be unprotected or dangerously exposed to hazards and face tragic consequences,” Doug Parker, assistant secretary of labor for occupational safety and health, said in an agency statement. “We look forward to hearing from stakeholders on this important issue as we work together to ensure that construction workers of all genders and sizes are fitted properly with safety gear.”
The current construction industry standard doesn’t clearly state that PPE must fit each affected employee properly. The proposed change would clarify that PPE must fit each employee properly to protect them from occupational hazards.
The agency doesn’t expect the change to increase employers’ costs or compliance burdens. The proposed revision would align the language in OSHA’s PPE standard for construction with its general industry and maritime standards.
OSHA’s questions for commenters include:
- Will the proposal achieve effective PPE protection better than industry consensus standards?
- Is existing agency guidance on proper PPE fit in construction adequate? If not, what type of additional guidance should OSHA provide?
- How would the proposed revision impact the construction industry, and what, if any, burden would the proposed change impose on employers?
Comments and hearing requests must be submitted by September 18.