New York Personal Injury Attorneys BlogOSHA’s New PPE Standard: A Construction Lawyer’s Perspective
As construction accident attorneys, we have witnessed firsthand the severe consequences that can arise from ill-fitting PPE:
- Inadequate Protection: PPE that does not fit properly may leave parts of the body exposed to hazards, rendering the equipment ineffective.
- Increased Accident Risk: Loose or oversized PPE can become entangled in machinery or obstruct a worker’s movement, leading to accidents and injuries.
- Non-Compliance Due to Discomfort: Uncomfortable PPE is less likely to be worn consistently by workers, increasing their risk of exposure to workplace hazards.
On December 11, 2024, the Occupational Safety and Health Administration (OSHA) announced a significant update to its Personal Protective Equipment (PPE) standards for the construction industry. Effective January 13, 2025, this final rule mandates that employers provide properly fitting PPE to all construction workers, aligning construction standards with those already established for general industry and maritime sectors.
Key Provisions of the Final Rule:
- Explicit Fit Requirement: Employers are now explicitly required to ensure that all PPE—such as hard hats, gloves, safety glasses, hearing protection, respirators, coveralls, vests, and harnesses—properly fits each worker. This change addresses longstanding concerns that ill-fitting equipment can compromise worker safety.
- Alignment with General Industry Standards: Prior to this update, OSHA’s construction PPE standards did not clearly specify the necessity for proper fit, unlike the standards for general industry and maritime. This revision harmonizes the requirements across sectors, ensuring consistent protection for all workers.
Implications for Construction Employers:
- Enhanced Safety Measures: Properly fitting PPE is crucial for effective protection. Ill-fitting equipment may fail to provide adequate protection and can introduce new hazards, such as oversized gloves getting caught in machinery or discomfort leading to non-compliance in PPE usage.
- Inclusive Equipment Provision: This rule particularly benefits workers who previously struggled to find appropriately sized PPE, including women and individuals with smaller or larger body sizes. Employers must now ensure that PPE is available in sizes that accommodate the diverse workforce in the construction industry.
Legal Considerations
- Compliance Obligations: Employers must assess their current PPE inventory and procurement practices to ensure compliance by the January 13, 2025, deadline. Failure to provide properly fitting PPE may result in OSHA citations and penalties.
- Worker Rights: Employees are entitled to PPE that fits correctly and provides adequate protection against workplace hazards. Workers should report any issues with PPE fit to their employers and can seek recourse through OSHA if concerns are not addressed.
This development underscores OSHA’s commitment to enhancing worker safety across all industries. Construction employers should take proactive steps to comply with the new requirements, thereby ensuring a safer and more inclusive work environment for all employees.
