On July 19, 2023, the Occupational Safety and Health Administration (OSHA) made a significant stride toward ensuring the safety of construction workers. The organization issued a notice of proposed rulemaking (NPRM) to overhaul the construction personal protective equipment (PPE) standard. It emphasizes the importance of properly fitting equipment and would eliminate any compromise to safety and comfort.

Current OSHA Personal Protective Equipment (PPE) Standards

Existing OSHA regulations mandate all PPE clothing and equipment adhere to safe design and construction standards. Employers are responsible for ensuring that PPE is properly maintained to guarantee cleanliness and reliability. When selecting PPE items for the jobsite, employers should prioritize the equipment’s fit and comfort.

OSHA also requires compliance with approved American National Standards Institute (ANSI) guidelines for PPE. Employers must ensure newly acquired PPE equipment complies with ANSI standards if it falls within these categories:

• Eye and face protection
• Head protection
• Foot protection
• Electrical rubber insulating equipment

Additional Current OSHA PPE Standards

OSHA’s standard 29 CFR 1926.95 provides that all types of PPE “shall be provided, used and maintained in a sanitary and reliable condition whenever it is necessary by reason of hazards.”

Section 1926.95(b) goes on to provide that, even when employees provide their own PPE, “the employer shall be responsible to assure its adequacy, including proper maintenance, and sanitation of such equipment.”

Section 1926.95(c) states that all PPE “shall be of safe design and construction for the work to be performed.” Unlike the general industry and maritime PPE standards, the current PPE construction standard in section 1926.95 does not include an explicit requirement that PPE properly fit each affected employee.

Overview of the Notice of Proposed Rulemaking Overview (NPRO)

The existing regulation lacks clear specifications regarding the proper fitting of PPE, unlike the established standards for general industry and maritime set by OSHA. The proposed revision aims to clarify and reinforce the existing obligation. OSHA has also stated that this adjustment is not expected to impose additional expenses or obligations on employers. This proposal’s objective is to align the language of OSHA's PPE standard for the construction sector with the standards governing general industry and maritime.

The failure of standard-sized PPE to properly protect physically smaller construction workers, especially women, and the limited available access to properly fitting PPE in the construction sector have long been safety and health concerns. Ill-fitting PPE can cause insufficient protection, heightened risk of hazards and lowered employee compliance with using the necessary equipment on the jobsite.

"If personal protective equipment does not fit properly, an employee may be unprotected or dangerously exposed to hazards and face tragic consequences," explained Assistant Secretary for Occupational Safety and Health Doug Parker. "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."

We’re Here to Help Keep Your Construction Company OSHA Compliant

Employers obligated to comply with the construction standard are advised to carefully examine the Notice of Proposed Rulemaking (NPRM). OSHA wants everyone on a construction worksite to be equipped with suitable and well-fitting personal protective equipment. Although they don't anticipate employers facing significant financial burdens as a result, it's important to acknowledge that there may be costs involved in implementing new protocols, procuring new PPE and ensuring compliance. Connect with a member of our team for additional insights into safety equipment and OSHA compliance.