By: Matthew Madden

The Occupational Safety and Health Administration (OSHA) recently finalized an amendment to the personal protective equipment (PPE) required for construction workers under 29 C.F.R. 1926.95(c). Effective January 13, 2025, the amended rule now explicitly requires that all PPE properly fit any construction worker who needs it as protection against hazardous conditions. Revised Section 1926.95(c) now specifically provides:

Employers must ensure that all personal protective equipment:

  1. Is of safe design and construction for the work to be performed; and,
  2. Is selected to ensure that it properly fits each affected employee.

Thus, OSHA now requires that all employers ensure that all PPE utilized on a job site– such as hard hats, gloves, goggles, safety shoes, safety glasses, welding helmets, hearing protection devices, respirators, coveralls, vests, harnesses, and full body suits – not only is appropriate for protecting against specific job hazards but also fits each worker properly based on their body size and shape.

Notably, the updated rule applies to not only PPE that is provided by an employer, but also any PPE that may have been purchased directly by a worker for their personal use.

Employer Expectations and Enforcement

As presently written, OSHA’s definition of “proper fit” remains flexible and permits employers to select PPE specific to their workforce. Therefore, while OSHA encourages employers to refer to manufacturers’ instructions for proper fit, it is not a requirement. If the manufacturer’s instructions are unavailable, employers currently have flexibility in selecting PPE that meets the specific needs of their workers and can look to consensus standards or select PPE with available fit guidance.

Despite the flexibility provided, the revised rule has taken effect and OSHA identifies penalty amounts for employers found to be in noncompliance that range from $0 to $16,131 per violation.

Important Compliance Actions for Employers to Consider

Considering the consequences of noncompliance, employers should take the following actions to ensure immediate adherence to OSHA’s update rule:

  1. Audit current PPE inventory and ensure proper sizes are available for all workers: Employers must provide PPE that accommodates different body types, including women. This involves offering smaller sizes for women and larger sizes for bigger bodies, regardless of gender.
  2. Inspect PPE for Proper Fit and Functionality: Employers should routinely check PPE to ensure it remains in good condition and fits workers correctly. They must also ensure PPE is maintained and adjusted as needed, especially for workers whose body size or shape may change over time.
  3. Provide Training on PPE Usage and Fit: Employers should train workers on proper PPE use, adjustment, and maintenance. Emphasize the importance of proper fit for safety, and guide workers on adjusting equipment. Teach them to recognize when PPE no longer fits and how to request replacements. Instruct employees to inform supervisors if PPE becomes damaged or no longer fits.
  4. Document Compliance Efforts and Maintain Records: Employers should keep comprehensive records of their PPE compliance activities. This includes documenting PPE assessments, inspections, training sessions, and any instances where PPE was replaced or adjusted for proper fit.

As OSHA enforces stricter PPE requirements, it is crucial for construction industry employers to understand their legal obligations. If PPE does not fit properly due to size or design limitations, seeking legal counsel can help navigate potential liabilities and ensure compliance with OSHA standards.

*****

This alert is for informational purposes only and may be considered advertising. It does not constitute the rendering of legal, tax, or professional advice or services. You should seek specific detailed legal advice prior to taking any definitive actions.