OSHA Seeks Approval for Proposed Rule on PPE Standards Violations

OSHA is accepting public comments on a Notice of Proposed Rulemaking on PPE and training standards. The proposal clarifies that when an OSHA standard requires an employer to provide PPE, such as respirators or training, each employee not protected may be considered a separate violation for penalty purposes.

"We want employers to understand the importance of complying with OSHA’s PPE rule for each and every one of their employees," said OSHA Administrator Edwin G. Foulke Jr. "Without question, providing PPE for all employees will reduce costs, save money and, most importantly, save lives."

The proposed rule affects OSHA’s general industry, construction and maritime standards. In many cases, OSHA combines separate violations of a single requirement in a standard into a single penalty. Under the instance-by-instance penalty policy, however, OSHA may propose a separate penalty for each specific violation where the employer demonstrates a flagrant disregard for safety and health.

The proposed rule does not add new compliance obligations, nor are employers required to provide any new type of PPE or training. The amendments merely clarify that a separate penalty may be assessed for each employee not provided the required PPE or training.

OSHA will accept public comments on the proposed rule until Sept. 18. Interested parties may submit comments electronically at http://www.regulations.gov, the Federal eRulemaking Portal; by sending three copies to the OSHA Docket Office, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW, Room N-2625, Washington, DC 20210; or by FAX at (202) 693-1678 if the comments and attachments do not exceed 10 pages. Comments must include the Agency name and Docket Number for this rulemaking (Docket No. OSHA-2008-0031).

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