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Personal protective equipment needs to adapt for two main reasons, according to Jessica Bunting, research director for CPWR’s Silver Spring, Md.-based Center for Construction Research and Training.
First, to function properly, the equipment must fit properly. An ill-fitting fall harness won’t protect a worker as well as a well-fitting harness, Bunting said. Second, equipment that’s too big or too small can end up creating secondary hazards, such as a baggy vest getting caught in machinery, he said.
Perhaps worse, if the equipment is too uncomfortable, workers may forego wearing it, such as removing loose gloves that impede work.
Starting Monday, OSHA will require construction employers provide appropriate PPE to their workers. The new standard aligns construction with a standard that is already in place for the industry as a whole.
“I’m glad OSHA recognizes that for PPE to work, it has to fit,” Bunting said.
The standard, first announced in July 2023, applies to all types of PPE, including helmets, gloves, goggles, safety vests and harnesses. To comply with the standard, experts say contractors should read the standard, consult with their lawyers and safety teams and make sure they have a wide variety of safety equipment options.
A proper fit
At first glance, the rule seems quite simple. Experts say yes, with some caveats. During the open comment period, legal experts and construction employers questioned the standard requiring equipment to be “properly fitted,” finding that term difficult to define.
“Unfortunately, the new rule lacks specific guidance on what it means to fit properly or a definition of that term so that employers can be sure they are in compliance,” said attorney Ashley Brightwell, a partner in employment and the work of Atlanta-based Alston & Bird. employment group
Phil Russell, an OSHA and labor attorney, litigator and consultant with the Washington, D.C.-based firm Ogletree Deakins, said the agency noted that the “adequate” guidance was provided for the general standard of industry, which did not cause problems.
So does “proper fit” mean comfort? The safest fit? And what about universal fit items? They may carry a single label, but they could still be too wide for the smaller workers, such as women, that the rule is meant to protect.
“Many employers in other industries meet the obligation to provide adequate PPE by providing adjustable PPE,” Brightwell said. “Employers should be aware, however, that even PPE sold as a ‘one-size-fits-all’ will still not fit the entire employee population.”
Experts say it’s best to focus on what the gear is intended for and keep in mind these two main reasons why PPE needs to fit.
“Because OSHA is a safety agency, I think you have to connect it to safety, not necessarily convenience,” Russell said.
But even with the lack of clarity, Matthew Cox, a North Carolina-based partner at law firm Smith Currie Oles, says it should be obvious to any security expert when someone’s equipment fits.
“I think it’s just attention to detail, like anything else,” Cox said. “When you have these toolbox meetings in place and you look around, it’s easy to see if someone’s equipment doesn’t fit.”
getting ready
In Russell’s experience, most of his clients already provided the appropriate PPE for workers. He pointed to trade shows and conferences, such as the American Society of Safety Professionals conference, where retailers offering a variety of PPE fill the show floor.
“I don’t know if [the new standard] it was necessary, but now that it’s passed I don’t think it’s harmful,” Russell said.
However, experts said adding the rule may bring additional scrutiny to OSHA inspections or citations.
“It will be important for employers in the construction industry to ensure that a sufficient variety of PPE sizes is provided,” said Brightwell. “By providing only larger sizes of PPE, employers could open themselves up to claims of gender discrimination, particularly as the new rule is primarily aimed at women.”
Fortunately, resources for finding a variety of PPE options abound. For example, CPWR has one page list options for various types of equipment for various body types.
And when it comes to compliance, Cox advised not to wait for OSHA to come to you.
“I think being proactive is the key to success,” he said.
