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: joseph.feldstein@msanet.comwebsite: www.msanet.com