On December 12, 2024, the Occupational Safety and Health Administration (OSHA) issued a final rule updating its personal protective equipment (PPE) standard for construction workers. The new rule explicitly requires that such equipment fit each employee properly. The rule is scheduled to become effective on January 13, 2025. When it does, it will result in OSHA’s construction industry standard mirroring the standards that already apply to general industry and other specific types of work. According to the agency, ensuring that women in the construction industry receive appropriately fitting PPE was one of its main motivations in issuing the rule.
OSHA standards require that, in general industry and in specific occupations like construction, shipyards, and long-shoring, employers provide PPE when it is necessary to protect employees from certain job-related risks. Under the general industry standard, PPE must “properly fit[] each affected employee.” Standards covering specific industries like shipyards contain similar language. The construction standard, however, states only that PPE must “be of safe design and construction to the work performed.”
According to OSHA, it has always interpreted the construction standard to require proper fit. Nevertheless, its new rule is intended to clarify employers’ responsibility and eliminate the risks attendant to using ill-fitting equipment. As examples, in guidance published along with the rule, OSHA cites to long sleeves or loose gloves that could interfere with the operation of machinery and to overly long leg protection that might create a tripping hazard. Of particular concern, the agency noted that women in the construction industry often have difficulty obtaining properly fitting PPE that is often designed for men, such as harnesses. Men, too, have had difficulty obtaining harnesses and other equipment that account for weight differences and other unique needs.
After OSHA announced its intent to issue this revision to the construction standard, in October 2016, it received comments from construction employers worried that the new requirement might be applied subjectively. In the final rule, OSHA did not provide a specific response, other than to point to employers’ experiences under the general industry standard, which already includes a proper-fit requirement.
As with all federal agency action taken between the election and January 20, employers should monitor whether the incoming Trump Administration signals that it will alter or revoke the new standard. Even though the rule will take effect prior to Inauguration Day, the Congressional Review Act will allow a Republican-controlled Congress to overturn the rule and for the incoming Administration to determine whether to pursue it further.
Regardless, employers in the construction industry may wish to take this opportunity to review what PPE they have on hand and determine whether it properly fits all workers.
[View source.]
