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I Have to Pay For That?
Personal Protective Equipment
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QUESTIONSQuestions
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When did I have to start doing that?!?
• On November 15, 2007, OSHA issued a final rule for “Employer Payment for Personal Protective Equipment” that applies identical PPE payment requirements to workplaces in all industries.
• This rule went into effect on February 13, 2008. Employers had to implement the PPE payment requirements no later than May 15, 2008.
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When did I have to start doing that?!?
• 29 CFR 1910.132(h)(1) …the protective equipment, including personal protective equipment (PPE), used to comply with this part, shall be provided by the employer at no cost to employees.
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What is Personal Protective Equipment?
• Personal protective equipment (PPE) refers to protective clothing, helmets, goggles, or other garments or equipment designed to protect the wearer's body from injury
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What is Personal Protective Equipment?
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Hazard Assessment and Policies
29 CFR 1910.132(d)(1) - The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which
necessitate the use of personal protective equipment (PPE).
When you do this,you will be exposed to
this,
and you must wear this.
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Hierarchy of Controls
• Elimination
• Substitution Non-Haz chemicals
• Engineering Controls Exhaust Ventilation
• Administrative Controls Good Housekeeping
• Personal Protective Equipment Must be used when engineering and administrative controls do not
eliminate/reduce the hazards
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Employer Responsibilities
• 29 CFR 1910.132(a): Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.
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Employer Responsibilities
• Select, and have each affected employee use, the PPE;
• Select PPE that properly fits each affected employee;
• Communicate selection decisions to each affected employee (establish a PPE Policy); and
• Provide training to each employee who is required to use PPE
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What you have to pay for
• The personal protective equipment (PPE) shall be provided by the employer at no cost to employees.
• The employer must pay for replacement PPE
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What you DON’T have to pay for
• Replacement PPE when the employee has lost or intentionally damaged the PPE an employer may require the employee to pay for such
replacement
• PPE that employees already own and request to use instead of the PPE that the employer provides at no cost to employees
• Upgraded PPE that employees want to buy and use instead of the PPE that the employer provides at no cost to employees
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What is Personal Protective Equipment?
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Why it Pays to Pay
• You value your employees
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Why it Pays to Pay
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Why it Pays to Pay
• In 2009, OSHA adopted a tougher enforcement policy that allows for “per employee” citations, instead of a single penalty for non-compliance.
• If OSHA inspects a facility and discovers 15 workers not wearing necessary personal protective equipment, the agency can deliver 15 separate citations.
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Why it Pays to Pay
1 5 10 15$0
$2,000
$4,000
$6,000
$8,000
$10,000
$12,000
$14,000
$16,000
$18,000
$20,000
Number of Employees Not Wearing Safety Glasses
Fine
in D
olla
rs
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Info
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Why it Pays to Pay
A typical eye injury that could occur and that PPE could have prevented:
A. Direct cost of an eye injury - $2,000
B. Indirect costs of the eye injury - $8,000
C. Total nominal cost of eye injury (A+B) - $10,000
D. Net Profit margin where injury occurred - 3.5% (0.035)
E. Added revenue company must generate [$10,000/0.035]= $285,000
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Why it Pays to Pay
• In this hypothetical case, the company could have prevented this injury with a $5.00 pair of safety glasses
$5 vs $285,000
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Conclusions
You are expected to protect your employees
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Conclusions
Providing and ensuring use of PPE is a good defense against workplace
hazards
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Conclusions
Reducing injuries
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Resources
• Enforcement Guidance for Personal Protective Equipment in General Industry
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