The final rule on
Clarification of Employers' Duty to Provide Personal Protective
Equipment and Train Each Employee was recently published in the Federal
Register. The rule revises OSHA standards to clarify that, for
employers to be in compliance, they must provide personal protective
equipment (PPE) and hazards training for each employee covered by the
standards.
Each employee not protected may be considered a separate violation and
penalties assessed accordingly. This revised language is consistent
with language in other standards for which per-employee citations have
been upheld.
The final rule amendments do not add new compliance obligations.
Employers are not required to provide new kinds of PPE or hazards
training or use a different approach than what is already required.
Additionally, employers are not required to provide PPE or training to
employees not already covered by existing requirements.
"This technical correction to the PPE standard brings it in line with
other OSHA safety and health standards," said Acting Assistant
Secretary of Labor for OSHA Thomas M. Stohler. "By making this change,
those few employers who egregiously violate the OSHA PPE standard can
be held fully accountable for violations affecting each employee who is
not provided proper PPE. This kind of vigorous enforcement is a vital
component of OSHA's balanced approach to workplace safety and health."
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