OSHA has issued its final rule allowing the agency to cite employers on a "per employee basis" for failure to provide/train/wear/use required personal protective equipment. 

"In this rulemakeing, OSHA is amending its standards to add language clarifying that the personal protective equipment (PPE) and training requirements impose a compliance duty to each and every employee covered by the standards and that noncompliance may expose the employer to liability on a per-employee basis."  If you want to read the Final PPE rule in its entirety, go to http://tinyurl.com/23mzlp7

To clarify:

An employer has 10 employees working in an area where respirators (or hard hats, or gloves, etc.) are required and employer failed to provide ppe.  This would not be 1 violation, but 10 (1 violation for each worker) along with 10 accompanying penalties.

In comparison to: 10 employees working in an excavation without shoring, OSHA would write one citation and one penalty.

Better to spend a few dollars up front, protect workers and avoid severe penalties for failing to provide PPE.

OSHA requires that personal protective equipment:

ü      Protects each employee from the identified hazards.

ü      Is of safe design and construction.

ü      Is sanitary and reliable.

ü      Provides each employee with a good fit.

ü      Provides more than the minimum required protection.

ü      Protects against multiple hazards when necessary.

ü      Meets American National Standards Institute (ANSI)

     standards.

PPE fits well when it:

          1.       Provides you with the protection you need.

          2.      Is comfortable enough to allow you to move and

                    perform your job.

PPE is designed to protect you while providing the greatest possible comfort.  It can seem heavy or awkward.  The best way to get used to PPE is to practice wearing it.

Inspect PPE before every use.  Don’t use PPE that is defective or damaged in any way.

Caring for PPE includes the following:

ü      Always check PPE for damage after you use it.

ü      Clean PPE before putting it way.

ü      Dispose of single-use or damaged PPE properly.

ü      Store PPE appropriately.

Your responsibility to keep yourself safe while wearing PPE include the following:

ü Learn when to use PPE.

ü Know how to use PPE correctly.

ü Use the correct PPE whenever the job requires it to be worn.

ü Maintain PPE.

Each piece of PPE is designed to protect against particular hazards.  Make sure you always wear the appropriate PPE to protect you from the hazards you are exposed to on the job.

Don't wear your personal protective equipment (PPE) and receive a $50 non-compliance ticket from the Yukon Health and Safety Board.  Starting July 1, not only will the worker receive a ticket, but also the Supervisor and Employer.  Supervisor's ticket is $250 and the employer's is $500. 

"We still see far too many workplaces where preventing injuries is not enough," stated Board Director, Kurt Dieckmann,  "There is no leeway on this.  It is absolute zero tolerance."

Along with the ticket, violating workers and supervisors will be required to take an online PPE course offered through the Canadian Centre for Occupational Health and Safety. 

Inspectors will be looking for workers not wearing work boots, safety glasses, hard hats, hearing protection, gloves or other needed PPE.

An employer can avoid a ticket if they can prove 3 things:  PPE was provided, employee received training on how to use PPE and was instructed to wear PPE when required. The supervisor may still be ticketed if workers under their control fail to wear appropriate PPE. 

It is my opinion that a regulation fining U.S. workers for not following PPE safety rules is an excellent idea.  Most employers provide workers with PPE, training and wearing instructions, but workers just won't put their assigned safety gear on.  Go to any jobsite and you'll see workers either not wearing PPE or wearing it incorrectly (for example, hard hats worn backward).

This Yukon regulation confirms that employers are doing what is required.  The breakdown is at the supervisor/employee level and that is where exactly where the fines should be levied. 

 This law puts the onus where it belongs--on the worker.