Copyright©2008 MSA STANDARDS UPDATE: Employer Payment for Personal Protective Equipment MSA WebCast...
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Transcript of Copyright©2008 MSA STANDARDS UPDATE: Employer Payment for Personal Protective Equipment MSA WebCast...
copyright©2008 MSA
STANDARDS UPDATE:
Employer Payment for Personal Protective Equipment
MSA WebCastMarch 10, 2008
Presented by:
Joseph Feldstein Manager Technical ServicesMine Safety Appliances Company
Today’s WebCast Topic
Summary and Background on the OSHA Employer Payment Rule
Review of Requirements Exemptions from the Employer
Payment Rule Schedule for Effective Date Question and Answer Session
Summary of the OSHA Final Rule on Employer Payment for PPE Final Rule published in US Federal Register,
November 15, 2007 Covers employee protection in general
industry, construction and maritime industries
Includes all mandated PPE except for those items exempted in the standard
New rule does not create any new requirements for what PPE must be provided
Background of the OSHA Employer Payment for PPE Rule
Personal Protective Equipment that an employee uses or wears Fall arrest systems, safety-toe shoes, hard hats,
safety glasses, protective gloves, etc Many OSHA standards require employers to
provide PPE Broad performance terms, to Very specific requirements
Most PPE provisions in OSHA’s standards do not address the issue of who is to pay
Employers Pay The US Occupational Safety & Health Act of
1978 Requires employers to pay for PPE that is
necessary for employees to perform their jobs safely
Reduces risk of non-use and misuse of PPE OSHA determined that the new rule would, “…
enhance compliance with existing PPE requirements in several practical ways”
Requirements of the new OSHA Rule
All PPE that is mandated in OSHA regulations
Does not create any new requirements for what PPE employers must provide their employees
Components not needed for the PPE to provide adequate protection are excluded
Personalized components or add-ons that do not affect safety are excluded
Exceptions Non-specialty safety-toe protective
footwear Non-specialty prescription safety eyewear Shoes or boots with built-in metatarsal
protection Logging boots Everyday work clothing, or Ordinary clothing, skin creams or other
items used solely for protection from the weather
Ownership Issues
Employee-Owned PPE Employer need not reimburse employees
for PPE the employee owns Employers cannot require employees to
provide their own PPE or pay for their own PPE
Employer-Owned PPE Employers are not required to transfer
ownership of PPE
Replacement PPE
Employers pay for replacement of PPE that they originally issued
When an employee has lost or intentionally damaged PPE, the employer is not required to pay for its replacement
What Constitutes an “Employee”?
All full time and part time employees All “short term employees”
Temporary, piece workers, seasonal workers, hiring hall employees, labor pool employees, transient employees
If an employer-employee relationship is established, then the employer must provide PPE at no cost
Self-employed, independent contractors are not included under the new rule
Effective Date for the New Rule
The effective date of the OSHA Employer Payment Rule will be May 15, 2008
copyright©2008 MSA
Question & Answer Period
copyright©2008 MSA
Thank you for your participation!
To Contact the Presenter:
Joseph FeldsteinMSA Fall Protection2250 South Tejon StreetEnglewood, CO 80110ph: (303) 975-2304fax: (303) 934-9960email: [email protected]: www.msanet.com