Osha Proposes Ppe Penalty Increases

On November 11, 2007, the Occupational Safety and Health Administration passed the Employer Payment for Personal Protective Equipment standard. Previously,

BOB ECKHARDT

On November 11, 2007, the Occupational Safety and Health Administration passed the Employer Payment for Personal Protective Equipment standard. Previously, while generally stipulating that employers provide necessary PPE, OSHA standards did not consistently require the employer to supply PPE at no cost to the employee. Thus, a ruling was passed late last year requiring employers to pay for PPE provided, allowing exceptions for specific items.

According to new rules proposed by OSHA on August 19, 2008, the agency could significantly increase the number and size of employer penalties for citations under its PPE standards in general industry and construction. For violation of PPE standards, OSHA now seeks to clarify that it has the right to cite and penalize employers, instance by instance Û including per affected employee. Accordingly, as proposed, noncompliance may expose the employer to liability on a per-employee basis.

The amendments consist of new paragraphs added to the introductory sections of listed parts, as well as changes to the language of some existing respirator and training requirements. More information on this proposed standard can be obtained in Federal Register, August 19, 2008 [Vol. 73, No. 161], Proposed Rules, pages 48335-50; or, from Federal Register Online via GPO Access, wais.access.gpo.gov [DOCID:fr19au08-31].