Subpart A
Yes. Employers must provide PPE to each employee required to use it, and each failure to provide PPE to an individual may be treated as a separate violation. See 1917.5(a) for the requirement and 29 CFR Part 1917 for context.
The employer has failed to meet the separate compliance duty owed to each affected employee; OSHA may treat each missing respirator as a separate violation. 1917.5(a) explains that PPE requirements impose a distinct duty for each employee covered by the rule.
Employers generally must provide required PPE at no cost, but limited deposit or return systems are allowed if they don’t effectively make the employee pay. OSHA’s final rule on employer payment for PPE covers marine terminal requirements, and OSHA has explained permissible deposit systems in its interpretation Employee PPE payment methods. Also see 1917.5(a).
Yes, an employer may require return of employer-owned PPE and may take reasonable steps to recover or require payment for unreturned items, provided the system does not result in the employee effectively paying for required PPE or charging for normal wear and tear. OSHA’s interpretation on employer payment for PPE discusses permissible deposit systems and recovery for unreturned employer-owned PPE in Employee PPE payment methods.
Yes. When a standard in Part 1917 requires training, the employer has a separate compliance duty with respect to each affected employee and must train each employee in the manner required by the standard; each failure to train an employee may be a separate violation. See 1917.5(b) and 29 CFR Part 1917 for context.
No. The employer must ensure that each affected employee receives the required training; a group session does not relieve the duty to train an absent employee. 1917.5(b) states each failure to train an employee may be considered a separate violation.
Training required by a standard must be provided to each affected employee in the manner and at the time the standard requires; where the standard specifies that training occur before assignment, the new hire must be trained prior to exposure. See 1917.5(b) and related training provisions in 29 CFR Part 1917.
Yes. 1917.5(a) explicitly covers PPE requirements in this part, including respirators and other types of PPE, and obligates the employer to provide the PPE to each employee required to use it. See 1917.5(a).
Yes. If a modification could affect safe operation, employers should retrain or provide refresher training for affected operators; OSHA has noted that equipment modifications may trigger refresher training requirements (for example, see the strobe light guidance discussing operator retraining) in Strobe lights on industrial trucks and the training duty under 1917.5(b).
Yes. Reach stackers used in marine terminals are treated as powered industrial trucks and are subject to powered industrial truck training requirements; employers must ensure each affected operator receives the required training. See the reach stacker certification exemption interpretation Reach stacker certification exemption and 1917.5(b).
Marine-terminal-related standards may require that one or more on-site individuals be trained in first aid, and employers must meet any training duties for each employee covered by those first-aid provisions. OSHA’s interpretation on first aid discusses where specific standards require first-aiders and the nature of first-aid training in maritime settings in First aid and bleeding control and see 1917.5(b).
No. Providing PPE that does not adequately protect against the recognized hazard does not satisfy the employer’s duty to provide appropriate PPE to each affected employee; the employer must provide PPE suitable for the hazard to every employee required to use it. See 1917.5(a) and general Part 1917 requirements at 29 CFR Part 1917.
Yes. Employers must ensure employees assigned to operate equipment are physically able to perform the task without unscheduled interruption that would affect safety; training alone does not excuse unsafe assignments. OSHA’s crane-operator medical condition interpretation explains that an operator who becomes incapacitated and leaves controls while a load is suspended presents a safety violation, and employers must ensure safe assignment and capability in addition to training (see Crane operator medical condition scenario and 1917.5(b)).
Yes. Compressed air used for cleaning poses recognized hazards and employers must ensure affected employees are trained about safe practices and protections; OSHA has advised against using compressed air for personnel cleaning without controls and PPE (see the compressed air guidance in Standards referenced in LOI and the training duty in 1917.5(b)).
The employer remains responsible for providing required PPE to each employee and for ensuring its required use where the standard mandates usage; simply issuing PPE is not always enough—employers must enforce use and take reasonable steps to ensure compliance. See 1917.5(a) and related Part 1917 provisions at 29 CFR Part 1917.