DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1917, 1918 and 1926
[Docket No. OSHA-2008-0031]
RIN 1218-AC42
Clarification of Employer Duty To Provide Personal Protective
Equipment and Train Each Employee
AGENCY: Occupational Safety and Health Administration (OSHA), U.S.
Department of Labor.
ACTION: Final rule.
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SUMMARY: In this rulemaking, 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. The amendments consist
of new paragraphs added to the introductory sections of the listed
Parts and changes to the language of some existing respirator and
training requirements. This action, which is in accord with OSHA's
longstanding position, is being taken in response to recent decisions
of the Occupational Safety and Health Review Commission indicating that
differences in wording among the various PPE and training provisions in
OSHA safety and health standards affect the Agency's ability to treat
an employer's failure to provide PPE or training to each covered
employee as a separate violation. The amendments add no new compliance obligations. Employers are not required to provide any new type of PPE or training, to provide PPE or training to any employee not already covered by the existing requirements, or to provide PPE or training in a different manner than that already required. The amendments simply clarify that the standards apply to each employee.
DATES: This final rule becomes effective on January 12, 2009.
ADDRESSES: In accordance with 28 U.S.C. 2112(a), the Agency designates
Joseph M. Woodward, Associate Solicitor of Labor for Occupational
Safety and Health, Office of the Solicitor of Labor, Room S-4004, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210, to receive petitions for review of the final rule.
FOR FURTHER INFORMATION CONTACT: Contact Ms. Jennifer Ashley, Director, Office of Communications, OSHA, U.S. Department of Labor, Room N-3647, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-1999 or fax (202) 693-1634.
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