How NYC Construction Employers Can Comply with OSHA’s New PPE Standard

Construction employers are now required to provide properly fitting personal protective equipment (PPE) to all workers. Here’s what you need to know to stay compliant.

As of January 2025, the Occupational Safety and Health Administration (OSHA) mandates that all construction employers provide workers with properly fitting PPE—aligning the construction industry with a rule that has long applied to general industry. This update aims to enhance safety by ensuring that protective gear such as harnesses, hard hats, gloves, goggles, and vests fit correctly, reducing both primary and secondary hazards.

For New York City construction companies, contractors, and site managers, this means adjusting procurement policies, expanding PPE size options, and incorporating PPE checks into daily safety protocols. Failing to comply could not only result in OSHA citations but also expose companies to liability in the event of worker injuries.

Why Proper PPE Fit Matters

PPE that does not fit correctly can be ineffective or even hazardous. A loose harness may fail to arrest a fall properly, while oversized gloves could impair grip, leading to accidents. Ill-fitting vests or clothing can also become entangled in machinery, creating additional risks.

Moreover, if PPE is uncomfortable, workers may choose not to wear it—defeating its entire purpose. This new OSHA rule particularly addresses concerns about PPE options for smaller workers, including women in construction, ensuring that all employees have access to properly fitting safety gear.

What NYC Construction Employers Must Do to Comply

1. Expand PPE Options to Include a Range of Sizes

Employers must ensure they stock PPE in multiple sizes, rather than relying solely on “universal fit” equipment, which often fails to accommodate all body types. OSHA inspectors may scrutinize whether a company provides PPE that fits all workers, not just the average-sized employee.

2. Implement PPE Fit Checks in Safety Protocols

To maintain compliance, employers should:

Include PPE fit assessments in daily toolbox talks.
Require supervisors to visually confirm proper fit before workers begin their shifts.
Train employees to recognize and report ill-fitting PPE and request alternatives.

3. Work with PPE Suppliers Who Offer Adjustable and Inclusive Options

Some manufacturers provide PPE tailored for diverse body types, including harnesses with adjustable straps, smaller-sized safety gloves, and properly fitted goggles. Employers should audit their current PPE suppliers and switch to vendors offering a broad range of options.

4. Update Written Safety Policies to Reflect the New Standard

OSHA requires construction employers to document compliance efforts. Site safety plans should now specify:

That PPE must be properly fitted to all workers.
The process for obtaining and replacing ill-fitting PPE.
The responsibilities of supervisors in ensuring compliance.

5. Be Proactive About OSHA Compliance

With OSHA inspections expected to increase, construction companies should not wait for an inspector to highlight deficiencies. Employers should:

Conduct internal PPE audits.
Provide employee feedback mechanisms for reporting PPE concerns.
Consult legal and safety experts to ensure full compliance.

Potential Legal Risks for Non-Compliance

Failing to provide properly fitting PPE could lead to:

OSHA citations and fines for non-compliance.
Increased liability in personal injury claims, especially if a worker is injured due to ill-fitting safety gear.
Gender discrimination claims, if PPE options do not accommodate smaller workers.

Final Thoughts

NYC construction employers must take immediate steps to comply with OSHA’s updated PPE requirements. By proactively assessing PPE inventory, training staff, and updating safety policies, contractors can avoid penalties while ensuring a safer work environment for all employees.

For workers injured due to lack of proper safety equipment, legal options may be available. If you or a loved one has suffered a workplace injury due to inadequate PPE, contact our experienced New York construction accident lawyers today.