OSHA is proposing this rule to clarify its Personal Protective Equipment (PPE) requirements for the construction industry. The revision would require explicitly that PPE must fit workers properly.

OSHA is proposing this revision to increase clarity of its PPE fit requirement for the construction industry and make the PPE fit requirement for the construction industry identical to general industry and maritime requirements.

The issue of improperly fitting PPE is particularly important for smaller construction workers, including some women, who may not be able to use standard size PPE.

Yes. The Advisory Committee on Construction Safety and Health (ACCSH) recommended that OSHA propose this rule as part of its Standards Improvement Project IV (SIP-IV).  Some commenters to the SIP-IV Request for Information also recommended OSHA revise the PPE fit requirement for the construction industry to explicitly include a requirement for proper fit.

When OSHA proposed this change in the SIP-IV proposed rule in 2016, the comments received generally supported revising the PPE fit requirements for the construction industry. However, a comment from a coalition of construction industry trade associations opposed the revision citing cost and enforcement concerns. OSHA decide to finalize SIP-IV without revisions to the PPE fit requirements and propose the revisions independent of SIP-IV to encourage more public input.

Yes, OSHA currently requires PPE to fit properly in the construction industry.  Proper fit of PPE is incorporated into existing requirements at 29 CFR 1926.95 that PPE be provided by an employer in a reliable condition, that employee-owned PPE be adequate, and that PPE be of safe design. OSHA has also stated in various compliance assistance documents that PPE must fit properly to provide protection from hazards.

This proposed rule would explicitly state the requirement that PPE must fit properly, so that the requirement is clearer and more understandable for the industry and to ensure workers of all sizes have appropriate PPE.

OSHA is proposing this change as a clarification of existing language in its construction PPE standard. Therefore, OSHA believes that there are no real costs associated with this NPRM. However, to the extent the clarification in this rule could result in changes in employers’ behavior, OSHA has estimated potential one-time transitional costs of up to $545,000.

OSHA will accept public comments on this rule until September 18, 2023. Comments can be submitted electronically at http://www.regulations.gov, following the instructions found under “ADDRESSES” in the Federal Register notice for the NPRM.