Effective December 12, 2024, the Occupational Safety and Health Administration (OSHA) finalized an update to its personal protective equipment (PPE) standard for the construction industry, emphasizing the importance of ensuring PPE fits properly.
Link to Clarifying the Need for Proper Fit Clarifying the Need for Proper Fit
The revised rule amends 29 CFR 1926.95, which outlines the criteria for PPE in the construction industry. Specifically, OSHA updated Section 1926.95(c) to state that:
Employers must ensure that all personal protective equipment:
- Is of safe design and construction for the work to be performed; and
- Is selected to ensure that it properly fits each affected employee.
While this revision does not introduce a new requirement, it clarifies the existing obligation and brings the construction standard in line with OSHA’s standards for general industry (29 CFR 1910.132(d)(1)(iii)) and shipyards (29 CFR 1915.152(b)(3)), both of which already specify that PPE must fit properly.
The updated rule specifies that all PPE — whether provided by the employer or purchased by the employee — must fit properly. This includes universal-fit items, like adjustable helmets and gloves, as well as non-universal-fit items that may need to be tailored for individual workers.
Link to Guidance from Manufacturers and Consensus Standards Guidance from Manufacturers and Consensus Standards
While OSHA encourages employers to refer to manufacturers’ instructions for proper fit, it is not a requirement. Employers have flexibility in selecting PPE that meets the specific needs of their workers. If the manufacturer’s instructions are not available, employers can look to consensus standards or select PPE with available fit guidance.
Link to Enforcement and Employer Expectations Enforcement and Employer Expectations
OSHA’s revised rule makes it clear that properly fitting PPE is enforceable. However, the agency does not expect PPE to be perfect, but rather properly designed and sized to protect workers without introducing new risks. OSHA’s definition of “proper fit” remains flexible, allowing employers to select PPE that suits their workforce while maintaining safety.
Although uncomfortable PPE is not grounds for a citation, employers must ensure PPE is worn as required under 29 CFR 1926.28. Uncomfortable PPE may lead to non-compliance if workers choose not to use it, so employers should take employee comfort seriously to ensure that PPE is used effectively.
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As OSHA enforces stricter PPE requirements, employers in the construction industry should understand their legal obligations. In cases where PPE does not fit properly due to size or design limitations, legal counsel can help navigate potential liabilities and advise on how to meet OSHA’s standards. If you have any questions regarding PPE requirements or OSHA enforcement generally, please feel free to reach out to Jared Caplan.