OSHA clarifies standardson who must pay for PPE
By Staff -- Purchasing, 5/6/1999
Look for an uptick in block buys of personal protective equipment (PPE) next year when a new osha rule is finally adopted. Until now, osha's rules have said only that the employer must "provide" personal protective equipment, which covers everything from respirators to shoes, eyewear, and fall protection devices. Some companies have required employees to purchase certain items that are used individually, such as safety shoes and prescription safety glasses. osha's inspectors have interpreted "provide" to mean "pay for." When osha cited a company for failure to pay for metatarsal foot protection and welding gloves, the Occupational Safety and Health Review Commission overruled it.Now osha has proposed to write into its existing standards a mandatory pay requirement for all but three categories of equipment: logging boots, safety toe footwear, and prescription safety glasses. And these categories are exempt only if the employee can normally wear them off the job.
osha's preliminary estimates indicate that employers will have to pay an additional $62 million for PPE under the proposal. The benefits, however, from reducing injuries and illnesses will save employers nearly $288 million, the agency says.
EPA, OSHA Y2K policies
Although their regulations do not specifically require Y2K compliance, EPA's new Risk Management Plan (RMP) program and osha's Process Safety Management (PSM) rule could uncover Y2K-related problems. If such problems are not corrected and result in the release of hazardous substances, business processes may be halted in addition to drawing citations or fines.
Both agencies are notifying employers to take preventive measures to avoid accidental releases caused by the Y2K bug. EPA is encouraging system testing prior to 2000 by offering to waive 100% of civil penalties that might otherwise apply to releases during a test. EPA can also recommend against criminal prosecution, but it has attached stringent conditions for such tests.
EPA's RMP program under the Clean Air Act Amendments of 1990, for example, requires about 66,000 facilities that handle regulated amounts of high-hazard chemicals to develop and implement an RMP by June 21.
osha has not announced any special enforcement relief for Y2K problems. In a letter to the Chemical Safety and Hazards Investigation Board (CSB), osha said that it would be "very judicious" in using its General Duty clause to compel Y2K compliance.
On the other hand, osha told CSB, it would hold employers responsible, under its PSM rule, for potential hazards associated with equipment which might be affected by the Y2K problem.
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