DOL Aims to Clarify PPE Construction Standard: Here's What You Need to Know

construction site with workers wearing PPE

The U.S. Department of Labor (DOL) has taken a significant step forward by announcing a proposed rule to enhance the Personal Protective Equipment (PPE) standards within the construction industry. This initiative is geared towards ensuring that construction PPE not only meets rigorous safety protocols but also fits each worker correctly, offering protection against the myriad risks they face daily.

Understanding the Proposed Construction PPE Rule

On July 19, 2023, the DOL released a bulletin detailing a proposed rule designed to bolster PPE standard in the construction sector. Central to this proposal is the emphasis on the need for PPE to fit each employee correctly, a stipulation not clearly outlined in the current regulations. By seeking to amend the existing rule, the DOL's objective is to widen access to suitable PPE, aiming to cultivate a safer work environment for construction professionals.

Furthermore, a significant catalyst for this proposed rulemaking appears to be the growing number of construction workers who don't conform to the standard Personal Protective Equipment size. This is especially pertinent given the increasing presence of females in the construction industry. Historically, safety gear for construction, primarily tailored to fit the average-sized male, has been the norm. This approach has raised concerns, especially considering the diverse body sizes and shapes of U.S. construction workers.

Moreover, while OSHA’s PPE standard for the general industry and maritime sectors have always insisted on the proper fit of personal protective equipment for workers, the construction industry has lagged in this regard. This oversight has inadvertently left some workers vulnerable to potential occupational hazards. Nonetheless, OSHA's investigations indicate that the proposed changes are unlikely to result in heightened costs or additional compliance challenges.

The Importance of Properly Fitting Personal Protective Equipment

Issues like sleeves that are too long or safety gloves that don't fit can make it difficult to use tools or control equipment. Pant legs that are too long can cause tripping hazards. The proposed PPE construction rule will require employers to pay more attention to the needs of employees who may be too large or too small to properly wear certain types of PPE.

OSHA regulations state that PPE includes hard hats, gloves, goggles, safety shoes, safety glasses, welding helmets and goggles, hearing protection devices, respirators, coveralls, vests, full bodysuits, and harnesses. Construction PPE does not include everyday clothing, street shoes, normal work boots, sunscreen, sunglasses, raincoats, and winter coats.

Industry Concerns and OSHA's PPE Construction Response

The industry has expressed concerns about the proposed rule, especially regarding the definition of "properly fitting" personal protective equipment. The core of the concern is the lack of clarity on how "properly fitting" PPE will be defined. This gap in clarification could lead to significant opportunities for employees to complain about whether the provided personal protective equipment “properly fit” them if the PPE was simply uncomfortable.

In response, OSHA stated that employers in the general industry have had no issues understanding the phrase ‘properly fits’ with regard to PPE. However, the industry remains apprehensive about the potential ambiguity and seeks a more precise definition.

The DOL's proposed rule signifies its commitment to ensuring a safe and healthy work environment for all. As we anticipate further developments on this rule, it's essential for industry stakeholders to engage in the process, helping to craft robust PPE standards that shield our workers from occupational hazards.

Frequently Asked Questions

What is the OSHA construction PPE standards?

The OSHA construction PPE standard, found under 29 CFR 1926.95, mandates that employers in the construction industry provide and ensure the use of appropriate Personal Protective Equipment (PPE) to safeguard workers from hazards that might cause injuries or illnesses. This includes hazards related to processes, environment, chemical, radiological, mechanical irritants, or any other workplace hazards that could injure or impair any part of the body.

What are the five categories of PPE?

The five primary categories of PPE are:

  • Head Protection: This includes helmets and hard hats designed to protect against falling objects and impacts.
  • Eye and Face Protection: This encompasses safety glasses, goggles, and face shields to protect against chemical splashes, flying particles, and more.
  • Hearing Protection: Earplugs and earmuffs that shield against high noise levels.
  • Hand and Skin Protection: This involves gloves, coveralls, and other protective clothing that guard against chemical exposure, cuts, burns, and other hazards.
  • Respiratory Protection: Respirators and masks that protect against harmful dust, vapors, and other airborne contaminants.

What PPE is required for construction?

The required PPE for construction varies based on the specific job and the hazards present. Commonly required PPE includes hard hats, safety glasses or goggles, high-visibility clothing, safety footwear, gloves, earplugs or earmuffs, and respiratory protection. The exact requirements are determined by a hazard assessment of the work environment.

What is the OSHA proposed rule for PPE?

The OSHA proposed rule for PPE, as discussed in our article, aims to clarify the PPE standard for the construction industry. The proposal seeks to ensure that PPE fits each worker correctly, thereby offering protection against potential risks. This initiative is geared towards ensuring that PPE not only meets rigorous safety protocols but also fits each worker correctly, offering protection against the myriad risks they face daily.

What is OSHA 1910 General Industry and OSHA 1926 Construction Safety Standards?

The OSHA standards for construction and general industry:

  • OSHA 1910 General Industry: This refers to a set of standards that apply to operations and equipment in general industries, covering a wide range of topics from machinery and machine guarding to toxic and hazardous substances. It encompasses regulations for most non-construction workplaces.
  • OSHA 1926 Construction Safety Standards: This set of standards specifically addresses safety requirements for construction sites. It covers various aspects of construction work, including scaffolding, fall protection, excavation, ladder safety, and more.

The material provided in this article is for general information purposes only. It is not intended to replace professional/legal advice or substitute government regulations, industry standards, or other requirements specific to any business/activity. While we made sure to provide accurate and reliable information, we make no representation that the details or sources are up-to-date, complete or remain available. Readers should consult with an industrial safety expert, qualified professional, or attorney for any specific concerns and questions.


Shop Tradesafe Products

Author: Herbert Post

Born in the Philadelphia area and raised in Houston by a family who was predominately employed in heavy manufacturing. Herb took a liking to factory processes and later safety compliance where he has spent the last 13 years facilitating best practices and teaching updated regulations. He is married with two children and a St Bernard named Jose. Herb is a self-described compliance geek. When he isn’t studying safety reports and regulatory interpretations he enjoys racquetball and watching his favorite football team, the Dallas Cowboys.