Client Alert

The U.S. Department of Labor's Occupational Safety and Health Administration has been attempting to create a new standard regarding the duties of employers and employees regarding personal protective equipment (PPE). Intense lobbying, lengthy rulemaking procedures, legislative and judicial intervention and administrative delays created by changes in personnel and philosophy have caused this process to take eight years from its initial proposal. The new rule was announced by DOL on November 14 (click here to view the press release) and was published in the November 15 Federal Register (click here to view the article). Contrary to current practice, it will require employers to pay for PPE in some, but not all, instances.

The rule affects occupational safety and health standards for general industry, shipyard employment, marine terminals, longshoring, and construction. Like other federal OSHA standards, it applies to states which administer their own occupational safety and health programs but does not supplant state requirements which are more restrictive than the federal ones. The standard becomes effective 90 days from the date of publication - i.e., February 13, 2008 - and gives employers six months to come into compliance.

According to the agency, the standard does not require employers to provide protective equipment where none has been required before. "Instead, the rule merely stipulates that the employer must pay for required PPE, except in the limited cases specified in the standard."

If you would like to discuss this new standard at greater length, please contact:

Charlie Edwards, (336) 721-3795 (email)  or any of the lawyers in Womble Carlyle's Labor and Employment Practice Group.