8.1 PPE & Employer Payment Rule

PPE & Employer Payment Rule

In the construction industry, hazards are dynamic, varied, and frequently severe. While the Hierarchy of Controls dictates that engineering and administrative controls must be prioritized to eliminate or mitigate risk, there are numerous scenarios where these controls are either insufficient or impractical. In these cases, Personal Protective Equipment (PPE) under 29 CFR 1926 Subpart E serves as the vital last line of defense for workers.

The Hierarchy of Controls and PPE

Safety professionals must understand that PPE does not eliminate the hazard itself; it merely places a physical barrier between the hazard and the worker. If the PPE fails, exposure occurs immediately. Therefore, Subpart E outlines strict requirements for the selection, usage, fit, maintenance, and employer provisioning of this equipment.

1. Elimination: Physically remove the hazard (e.g., design out fall hazards at ground level).
2. Substitution: Replace the hazard (e.g., use a non-volatile solvent instead of a highly toxic one).
3. Engineering Controls: Isolate people from the hazard (e.g., install guardrails or local exhaust ventilation).
4. Administrative Controls: Change the way people work (e.g., job rotation, safety training, warning signs).
5. Personal Protective Equipment (PPE): Protect the worker with equipment (e.g., hard hats, safety glasses, respirators).

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29 CFR 1926.95: General Criteria and Employer Payment Rule

Under 29 CFR 1926.95(a), protective equipment (including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers) must be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants.

The Employer Payment Rule (29 CFR 1926.95(d))

Effective in 2008, OSHA codified the Employer Payment Rule to resolve disputes regarding who is financially responsible for safety equipment. The general rule is clear: employers must provide PPE at no cost to employees.

However, there are specific, highly tested exceptions to this rule. The table below delineates employer-paid PPE from items that are exempt from the payment rule.

Employee-Owned PPE (29 CFR 1926.95(b))

Where employees provide their own protective equipment (voluntary use or choosing to use their own specialized gear), the employer is not required to reimburse the employee for that equipment. However, the employer is still legally responsible for:

• Assuring its adequacy (it must meet all relevant ANSI/OSHA standards).
• Ensuring it is properly maintained (no cracks, tears, or degrading components).
• Assuring that it is kept in a sanitary condition.

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Head Protection (29 CFR 1926.100)

Employees must wear protective helmets when working in areas where there is a potential for injury to the head from falling or flying objects, or from physical contact, or from electrical shock or burns.

All protective helmets must meet the specifications of ANSI Z89.1 (Industrial Head Protection). The ANSI standard classifies hard hats in two ways: by the impact protection type and by the electrical class.

Impact Protection Types

• Type I: Designed to reduce the force of impact resulting from a blow only to the top of the head.
• Type II: Designed to reduce the force of impact resulting from a blow to the top, sides, front, and back of the head (off-center or lateral impact).

Electrical Safety Classes

• Class G (General): Rated for low-voltage electrical protection. They are tested at 2,200 volts (phase to ground) and are designed to reduce the danger of contact with low-voltage conductors.
• Class E (Electrical): Rated for high-voltage electrical protection. They are tested at 20,000 volts (phase to ground) and are intended to protect against high-voltage conductors.
• Class C (Conductive): Conductive hard hats that offer zero electrical protection. They are typically made of aluminum or other metals and are designed only for light impact.

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Eye and Face Protection (29 CFR 1926.102)

OSHA requires employers to ensure that employees use appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.

Key requirements under 29 CFR 1926.102 include:

• ANSI Compliance: Eye and face protection must comply with ANSI Z87.1.
• Side Protection: Side shields must be used when there is a hazard from flying objects. Detachable side shields (e.g., clip-on or slide-on shields) that meet ANSI requirements are acceptable.
• Prescription Lenses: Employees who wear prescription lenses must either wear eye protection that incorporates the prescription in its design (prescription safety glasses) or wear eye protection that can be worn over the prescription lenses (e.g., safety goggles) without disturbing the proper position of the prescription or protective lenses.
• Radiant Energy Protection: Welders and cutters must use filter lenses of a shade number appropriate for the work being performed (refer to Table E-1 in Subpart E for specific shade numbers, ranging from Shade 3 for light soldering to Shade 14 for heavy arc welding).

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Hearing Protection (29 CFR 1926.101)

When engineering or administrative controls fail to reduce noise levels within the permissible limits defined by 29 CFR 1926.52 (Table D-2), hearing protective devices must be provided and used.

Permissible Noise Exposures (Table D-2)

The table below outlines the maximum duration an employee may be exposed to specific sound levels (measured on the A-scale, slow response) without hearing protection:

Note: Exposure to impulsive or impact noise should not exceed a peak of 140 dB sound pressure level.

Fit and Maintenance

• Ear protective devices inserted in the ear canal (earplugs) must be individually fitted by a competent person.
• Plain cotton is prohibited as a hearing protector because it does not block harmful noise frequencies.
• Earmuffs and earplugs must be cleaned, inspected, and replaced regularly.

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Electrical Protective Equipment (29 CFR 1926.97)

Subpart E establishes specific rules for rubber insulating equipment used to protect workers from electrical hazards. This equipment includes rubber insulating blankets, matting, covers, line hose, gloves, and sleeves.

• Inspection: Insulating equipment must be inspected for damage before each day's use and immediately following any incident that could suspect damage. Employees must perform an air test on rubber insulating gloves by rolling the cuff to trap air and checking for punctures.
• Electrical Testing Intervals:
  • Rubber insulating gloves: Must be electrically tested before first issue and at least once every 6 months thereafter (or 12 months if they are in storage and have not been issued).
  • Rubber insulating sleeves: Must be electrically tested at least once every 12 months.
  • Rubber insulating blankets: Must be electrically tested at least once every 12 months.

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Safety Nets (29 CFR 1926.105)

Safety nets must be provided when workplaces are more than 25 feet above the ground, water surface, or other surfaces where the use of ladders, scaffolds, catch platforms, temporary floors, safety lines, or safety belts is impractical.

• Extension: Safety nets must extend outward at least 8 feet beyond the outermost projection of the work surface.
• Height: Nets must be installed as close as practice under the walking/working surface, but in no case more than 30 feet below such level. They must be hung with sufficient clearance to prevent user contact with the surfaces or structures below.
• Mesh Size: The mesh size of nets must not exceed 6 inches by 6 inches.
• Testing: Safety nets must be drop-tested on-site after installation and before being used as a fall protection system. The test involves dropping a 400-pound bag of sand (approximately 30 inches in diameter) from the highest working surface, but not less than 25 feet above the net.

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Working Over or Near Water (29 CFR 1926.106)

When employees are working over or adjacent to water where the danger of drowning exists, specific life-saving equipment must be deployed:

1. Buoyant Vests: Employees must be provided with U.S. Coast Guard-approved life jackets or buoyant work vests. These vests must be inspected for physical defects (rips, tears, punctures, rotting straps, or wet flotation material) prior to and during each work shift.
2. Ring Buoys: Ring buoys with at least 90 feet of line must be provided and readily available for emergency rescue operations. The distance between these ring buoys along the edge of the water must not exceed 200 feet.
3. Lifesaving Skiff: At least one lifesaving skiff (rescue boat) must be immediately available at locations where employees are working over or adjacent to water. "Immediately available" means the boat must be in the water, fueled (if motorized), and ready to launch without delay.