copyright©2008 MSA STANDARDS UPDATE: Employer Payment for Personal Protective Equipment MSA WebCast March 10, 2008 Presented by: Joseph Feldstein Manager Technical Services Mine 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 Feldstein MSA Fall Protection 2250 South Tejon Street Englewood, CO ph: (303) fax: (303) website: