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On December 11th, 2024, the U.S. Department of Labor (DOL) announced a regulatory update regarding personal protective equipment (PPE). Specifically, the DOL stated that the Occupational Safety and Health Administration (OSHA) finalized revisions to the PPE standard for construction. Explicitly, the final rule requires the PPE to properly fit any construction worker who needs it. This will improve protection from hazardous conditions in the field of construction. Earlier, in August 2024, the Biden-Harris administration released a national heat strategy to protect employees.
An Overview of the PPE Standard Update for Construction
Overall, the revision to the standard adds specific language requiring that employers provide PPE that properly fits construction industry workers. The change aligns the construction industry standard with the standard already in place for general industry.
“I’ve talked to workers in construction, particularly women, who have spoken of personal protective equipment that didn’t fit or was simply unavailable at the jobsite in their size,” said Assistant Secretary for Occupational Safety and Health Doug Parker. “PPE must fit properly to work. I’m proud of the broad support from both employers and unions for OSHA’s efforts to make clear that employers must provide the right PPE for each worker who needs it.”
Specifically, examples of PPE that are affected by the final rule include:
- Abrasion Protection Gloves
- Chemical Protection Gloves
- Earmuffs
- Face Shields
- Protective Clothing (Chemical)
- Protective Footwear (Chemical)
- Safety Glasses (Non-prescription)
- Safety Goggles
- Splash Aprons
- Splash Goggles (Chemical)
Accordingly, the new final rule is effective January 13th, 2025.
Personal Protective Equipment Sizing Requirements
In general, many types of PPE must be sized to fit a worker properly. All new sizing requirements can be found within the final rule. Improperly sized PPE can:
- be ineffective in protecting workers;
- create new hazards for the worker, such as oversized gloves or protective clothing being caught in machinery; and
- discourage use because of discomfort or poor fit.
As a result of improper fit, the matter has been a longstanding industry safety concern. Consequently, the lack of proper fit mainly affected women and other physically smaller or larger workers.
Even before the release of this final rule, OSHA required PPE to fit properly in the construction industry. Proper fit of PPE is incorporated into existing requirements at 29 CFR 1926.95, which requires that PPE:
- be provided in a reliable condition,
- employee-owned PPE be adequate, and
- the PPE be of safe design.
Finally, in various compliance assistance documents, OSHA has also stated that PPE must fit properly to protect from hazards.
Employer Takeaways
In conclusion, OSHA believes construction employees can work more safely and effectively by adhering to these new personal protective equipment guidelines. In any case, the Occupational Safety and Health Administration (OSHA) enforces the OSH Act’s General Duty Clause. This regulation requires employers to ensure a healthy and productive work environment for all workers. Employers should familiarize themselves with six common workplace hazards and find out how to fix them if found.
Aside from the construction industry, OSHA also enforces several workplace safety regulations regarding personal protective equipment (PPE) for general industry employers. To assist employers in maintaining compliance, WorkWise Compliance offers the following:
- PPE Compliance Training for Employees – This resource contains an online, interactive employee training module and a digital PDF compliance guide for employers. Overall, the program ensures compliance with the assessment, documentation, and training requirements included within OSHA’s Personal Protective Equipment standards (29 CFR Part 1910, Subpart I).
To ensure compliance with the updated PPE standards and improve worker safety, employers should implement employee safety training programs. These programs educate workers on the importance of properly fitting PPE and provide the knowledge needed to select, wear, and maintain protective gear correctly, thereby reducing the risk of injury and ensuring compliance with OSHA regulations.
