Oppose "One Size Fits All" Mandate for Providing Personal Protective Equipment Standard for the Construction Industry

Background:

• Employers typically provide personal protective equipment (PPE) such as hardhats, non-prescription safety glasses, respirators and ear-plugs/muffs.  Congress and OSHA have made attempts to place a “one size fits all” mandate on employers for PPE despite the fact the construction is a diverse industry with diverse sectors.

AGC Message:

• Construction Industry Has Diverse Sectors.  What may be considered “tools of the trade” and routinely provided by employer/employees working in one sector of the construction industry may not be able to fit another sector of the industry.
• Allow Flexibility in Determining Whether PPE are Provided.  Currently, OSHA requires that PPE be provided when hazards or processes are capable of causing employee injury or impairment.  This allows flexibility in determine whether the employee or employer will provide the PPE based on industry common practices, specific employer/employee contractual requirement or owner safety requirement.
• Impact on Small Business.  If there is a requirement for an employer to purchase all PPE for all employees, then the economic impact on small businesses should be assessed.
• Allow Exceptions for Ordinary Protective Equipment.  Exceptions should be included for equipment such as non-specialty safety-toe protective footwear (which includes steel-toe shoes or steel-toe boots), non-specialty prescription safety eyewear (which can be worn off site), shoes or boots with built-in metatarsal protection versus the detachable metatarsal guards, logging boots, everyday work clothing or clothing, skin creams or other items used solely for protection from the elements.

AGC Opposed Legislation:

• H.R.1327 - Protective Equipment for America's Workers Act
  3/6/2007 - Introduced

Additional Information:

• PPE Regulatory Update