제  목 : PPE Changes Clarify Employer Obligations
  일  자 : 1996년 05월
  제공처 : Occupational Safety and Health News for General Industry

    OSHA amends its personal protective equipment(PPE)standard to clarify
  employer obligations and ensure that each affected worker wear the
  specified types of personal protective equipment.

    Agency changes insert language into the eye and face protection
  standard (1910.133), occupational head protection(1910.135), and
  occupational foot protection (1910.136).

    In 1994, the agency published its final rule on personal protective
  equiment for general industry.

    The PPE standards require employers to ensure that each employee wear
  appropriate equipment to protect the eyes, head, feet, and hands from
  exposure to hazards in the workplace.

    The general requirements for PPE, 1910.132, clearly state that when
  such hazards are present, or likely to be present, the employer must
  sclect the proper PPE and require each affected employee to wear the
  appropriate equipment.

    OSHA's proposed versions of 1910.133, 1910.135, and 1910.136 prefaced
  the requirements with " the employer shall ensure that" the employer
  wear the equipment.

    However, the agency deleted the phrase from the final rule in
  response to various comments but did not intend to change the
  substantive requirements.

    The agency changed the final version of the rule when commentators
  raised concerns that the proposed language would result in their being
  held liable for violations - even when presenting an affirmative defense.

    Under the final rule, employers are still obligated to require
  workers to wear eye, face, head and foot protection under 1910.133,
  1910.135, and 1910.136.

    OSHA has had difficulty with the employer's obligation to have workers
  wear PPE since issuing the final rule.

    Thus, the agency determined it must amend the rule and insert language
  into 1910.133, 1910.135 and 1910.136 obligating the employer to ensure
  that affected employees wear the specified types of PPE under these
  sections, as well as under 1910.132. The agency emphasized that the
  amendment does not prevent an employer cited for a PPE violation from
  raising any affirmative defenses.

    Because the language addition constitutes a minor rule change, it does
  not require public comment or notice. OSHA is making the amendment
  effective June 3,1996 to give employers time to implement the change.

    For further information contact : Anne C.Cyr, Office of Information
  and Consumer Affairs, OSHA, Room N - 3647,200 Constitution Ave.,N.W.,
  Washington, D.C.20210 or call (202) 219 - 8151.