1917 Subpart E
Yes. Under 1917.96(a) the employer must provide protective equipment, including PPE, at no cost to employees except where the rule lists specific exceptions in paragraphs (b) through (f). See also the general payment-for-PPE discussion in the final rule explained in OSHA's guidance on employer PPE payment requirements.
Yes. 1917.96(b) allows employers to not pay for non-specialty safety-toe shoes/boots and non-specialty prescription safety eyewear, but only if the employer permits those items to be worn off the job-site. If the employer restricts off-site use, the exception does not apply and the employer must provide/pay for the equipment.
No. 1917.96(c) says the employer is not required to reimburse an employee who requests to use shoes or boots with built-in metatarsal protection when the employer provides metatarsal guards as the required protection.
No. 1917.96(d) specifies that employers are not required to pay for everyday clothing (for example, long-sleeve shirts, pants, street shoes) or ordinary weather-protective items (for example, winter coats, raincoats, ordinary sunglasses, sunscreen) used solely for protection from weather.
The employer must pay for replacement PPE except when the employee has lost or intentionally damaged it. 1917.96(e) requires employers to replace PPE at no cost to the employee unless the loss or damage was the employee's fault.
Yes. 1917.96(f) allows an employer to let an employee use adequate protective equipment the employee owns without reimbursing the employee. However, the employer may not require employees to provide or pay for their own PPE unless the PPE is covered by the exceptions in paragraphs (b) through (e).
No. 1917.96(f) states the employer shall not require an employee to provide or pay for his or her own PPE unless the PPE is one of the items excepted in paragraphs (b) through (e).
Yes. OSHA explains that if the employer retains ownership of PPE, the employer may require employees to return it at termination and may require payment or take reasonable steps to retrieve it if it is not returned, provided the employer does not charge the employee for wear and tear caused by workplace use. See the OSHA interpretation on Employee PPE payment methods and the general rule in 1917.96.
Possibly, but only if the deposit system does not result in the employee bearing the cost of PPE. OSHA's 2014 Letter of Interpretation says a deposit system can be used to encourage return of employer-owned PPE, but it cautions that such systems must not be administered in a way that effectively makes the employee pay for PPE that the employer is required to provide under 1917.96.
No automatic reimbursement is required if the employer permits employee-owned PPE under 1917.96(f) and the employer later issues its own. However, employers should avoid policies that effectively shift the cost of required PPE to employees when the employer is required to provide it under 1917.96(a). Employers considering reimbursement programs should consult the 2014 OSHA interpretation on PPE payment methods for guidance.
The employer must provide and pay for protective equipment required by the standard, which includes responsibility for its maintenance or replacement as needed under 1917.96(a) and 1917.96(e). Employers cannot shift the ongoing cost of mandatory PPE maintenance or replacement to employees except where the item is an exception in paragraphs (b) through (d).
Yes. 1917.96(g) states the section became effective on February 13, 2008, and employers had to implement the PPE payment requirements no later than May 15, 2008.
The other standard prevails. The Note to 1917.96 explains that when another OSHA standard specifies payment responsibility for specific equipment, that standard's payment provision governs instead of 1917.96.
No. Employers may not charge employees for wear and tear associated with workplace use. OSHA's 2014 Letter of Interpretation emphasizes that while employers can seek return of employer-owned PPE, they cannot charge employees for normal wear and tear if the employer is required to provide that PPE under 1917.96.
No. 1917.96(e) says the employer must pay for replacement PPE except when the employee has lost or intentionally damaged the PPE; in those cases the employer is not required to pay for replacement.
No. For PPE that the employer is required to provide under 1917.96(a), the employer cannot require employees to purchase the PPE and then reimburse them if that arrangement results in the employee bearing the cost. OSHA's 2014 Letter of Interpretation cautions that reimbursement systems that effectively impose costs on employees are inconsistent with the payment rule.
It means the employer must allow employees to take and wear those items away from work; if the employer requires the footwear or non-specialty prescription safety eyewear to stay on-site (for example, to prevent theft or contamination), then the off-site wear condition is not met and the employer must provide/pay for them under 1917.96(b).
Yes. 1917.96(f) allows employers to permit employee-owned PPE but the employer may evaluate and require that the equipment is adequate and meets applicable safety standards. Employers should document adequacy criteria and ensure that employee-owned PPE provides the same protection as employer-provided equipment.
Possibly, but only with appropriate authorization and consistent with federal, state, and local law. OSHA's 2014 Letter of Interpretation notes that deposit systems and collection mechanisms may be used, but they must not be administered in a way that results in employees involuntarily paying for PPE the employer is required to supply under 1917.96. Employers should obtain written authorization for payroll deductions as required by wage-payment laws and ensure the practice does not circumvent PPE payment requirements.
Not necessarily. 1917.96(e) says the employer must pay for replacement PPE except when the employee has lost or intentionally damaged it. If the loss is truly the employee's fault (negligent loss), the employer may not be required to pay; if the loss was due to workplace conditions or the employer's failure to secure equipment, the employer may still be responsible. Employers should investigate loss circumstances before denying replacement.
The payment provisions in a standard that specifically addresses a piece of equipment take precedence. The Note to 1917.96 states that when another OSHA standard specifies whether the employer must pay for specific equipment, that standard's payment provisions prevail over 1917.96.