Hi all,

 A collegue told me yesterday that under the OSHA rule, an employer is not required to PAY for head protection that the employees take off the job site. Is this correct?

Thanks 

Read  29 CFR 1910.132(h) Payment for protective equipment.

Employer Payment for Personal Protective Equipment; Final Rule

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=20094

1910.132(h)(1)

Except as provided by paragraphs (h)(2) through (h)(6) of this section, the protective equipment, including personal protective equipment (PPE), used to comply with this part, shall be provided by the employer at no cost to employees.

1910.132(h)(2)

The employer is not required to pay for non-specialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots) and non-specialty prescription safety eyewear, provided that the employer permits such items to be worn off the job-site.

1910.132(h)(3)

When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots.

1910.132(h)(4)

The employer is not required to pay for:

1910.132(h)(4)(i)

The logging boots required by 29 CFR 1910.266(d)(1)(v);

1910.132(h)(4)(ii)

Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or

1910.132(h)(4)(iii)

Ordinary clothing, skin creams, or other items, used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.

1910.132(h)(5)

The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.

-Tom

Employers have to pay for PPE when it is used by employees exclusively in the workplace to protect against recognized hazards and not for personal use at home or other nonworkplace activities. The OSHA rule isn't crystal clear on who pays when you allow employees to use work-required PPE for personal activities unrelated to work. Develop a written policy for such situations. How do you ensure that employees will report damage or excessive wear to the PPE when it is off the work site? What happens if an employee loses the PPE while offsite? Do you make them buy a replacement hardhat before they can work again? If that's the policy, it should be in writing and given to employees.

OSHA recommends in the preamble to the new PPE rule that each employer establish a policy concerning what will constitute normal wear and tear (expected service life), a "lost" PPE item, how to safeguard against PPE abuse and negligence, and for allowing (or disallowing) employees to use PPE for personal activities that are not work related.

I agree with VC about getting everything in writing AND establishing all of your guidelines in a well written policy (to cover intentional destruction, lost items, etc), but I do think that the standard is pretty clear about who pays.  Though VC is right that it doesn't address who pays when employees take PPE home, it explicitly states that unless specifically excluded the employer should pay for PPE.  See 1910.132(h)(1) as stated above.  The exceptions referenced are for non-specialty prescription eyewear and non-specialty protective boots.  No hard hats mentioned, which, to me, means that they're included.

Probably not a bad idea to let them take them home anyway - what does the employer lose if the employee wants to be safe at home or off-site?  If the employee is hurt because they didn't take their hard hat the employer is out possible lost time due to the injury.  Though they may not pay directly for the treatment, lost time has several indirect costs associated with it.  Also, don't discount possible workers' compensation mistakes.  Though they're not as likely with head injuries as with other injuries, like hearing loss (unless it's fraud), an employee could be injured off-site - have a slight aggravation (or incident that draws attention to the previous injury) and ultimately the employer will pay costs under work comp because they'll never know that the injury was actually caused off-site.

Just some thoughts - Good luck!