Alaska Employment Law

Federal OSHA issued the final regulation on Personal Protective Equipment on November 14th.  The rule becomes effective February 13, 2008.  Employers must implement it by May 15, 2008. 

According to OSHA’s fact sheet:

What is required PPE and who pays: Employers must pay for almost all personal protective equipment that OSHA requirein its general industry, construction, and maritime standards.  If an employer decides to use upgraded PPE to meet the OSHA requirements, the employer must pay for that PPE as well. 

What  PPE is excepted: Employers need not provide certain ordinary protective equipment, such as safety-toe footwear, prescription safety eyewear, everyday clothing and weather-related gear, and logging boots.  If the employer allows its employees to wear ordinary safety-toe footwear and ordinaryprescription safety eyewear, the employer need not pay for these items so long as the employee may wear these items off the job-site.  An employer need not pay for shoes with integrated metatarasal protection so long as it provides and pays for metatarsal guards that attach to the shoes. 

If ordinary weather gear is not sufficient to protect an employee, the employer must pay for special equipment or extraordinary clothing necessary to protect the employee from unusually severe weather conditions. 

Welding equipment (face shields/goggles, fire resistant shirts/jackets, and leather gloves) is specifically included among the PPE that an employer must provide at its own expense.

Employee-owned PPE and replacement PPE:  Employers cannot require employees to provide their own PPE.  Employees’ use of PPE they already own must be completely voluntary. If employees nonetheless choose to use PPE they own, employers need not reimburse the employees for that PPE.  Even if an employee provides his or her own PPE, the employer must ensure that the equipment is adequate to protect the employee from workplace hazards. 

The employer must pay for replacement PPE used to comply with OSHA standards. However, if an employee loses or intentionally damages PPE, the employer is not required to pay for its replacement.

Enforcement: OSHA will start enforcing the PPE regulation on May 15, 2008.