New England Biz Law Update
OSHA has issued a final rule requiring construction industry employers to ensure personal protective equipment (PPE) properly fits workers. The regulation, which takes effect January 13, 2025, aims to enhance worker safety.
The rule explicitly mandates that PPE—including hard hats, gloves, safety glasses, and other protective gear—must fit properly to provide protection from workplace hazards. The regulation comes as construction industry fatalities reached their highest level since 2011, with 1,075 deaths recorded in 2023.
“PPE must fit properly to work,” said Doug Parker, Assistant Secretary for Occupational Safety and Health, in a press release. He noted that workers, particularly women, have reported challenges with ill-fitting equipment or the lack of appropriate sizes at job sites.
The updated rule clarifies that PPE must not only be available, but also suitable to each worker. It updates the construction industry rule in line with existing fit requirements already in place for general industry and shipyards.
Cost to employer
Construction industry employers are advised to audit their PPE inventory and ensure proper sizes are available for all workers. However, the regulation applies to all PPE used in construction, regardless of whether it is provided by the employer or purchased by employees.
OSHA recognizes that larger and smaller size PPE can cost more than standard-fit equipment. The agency estimates that 184,935 employees nationwide might require non-standard sizing, and of those roughly 10% (18,494) currently have incorrectly fitting PPE. It estimates the average replacement cost to be roughly $51 per employee.
Manufacturers of women-specific PPE can also be found through the Center for Construction Research and Training (CPWR) and the International Safety Equipment Association. Earlier research from CPWR suggests 77% of tradeswomen have been exposed to a safety risk because of ill-fitting PPE.
