The Occupational Safety and Health Administration (OSHA) has announced a final rule that revises the personal protective equipment (PPE) standard for the construction industry. Under the revised standard, employers engaged in construction work will need to ensure they provide PPE to employees that properly fits the employees’ various body shapes and sizes. The revised standard is effective Monday, Jan. 13, 2025.
Specifically, the rule adds a requirement to the construction PPE standard that mandates PPE to be “selected to ensure that it properly fits each affected employee,” in addition to other existing requirements, such as requiring that the PPE be of safe design for the work to be performed. According to OSHA, this language is not a substantive change because it has always interpreted the standard as requiring properly fitting PPE. Instead, the revision clarifies that proper fit is indeed a requirement for PPE in the construction industry. Notably, the general industry PPE standard already contains a “proper fit” requirement, so the new rule aligns the construction and the general industry standards.
Although this rule was created by OSHA, the Michigan Occupational Safety and Health Administration (MIOSHA) will need to implement an equally effective rule. Michigan operates an OSHA-approved state occupational safety and health plan through MIOSHA. State plans are required to be “at least as effective” as the federal OSHA program. Therefore, within six months, MIOSHA must create a similar rule requiring properly fitting construction PPE in Michigan.
Special thanks to Warner attorney John-Weston Franke for his assistance with this eAlert.
