Employer payment for PPE

Yes — under 1918.106(a) the employer must provide protective equipment, including personal protective equipment (PPE), at no cost to employees except as specifically allowed by the exceptions in paragraphs (b) through (f).

• The rule makes few exceptions; check the specific subsections for items employers are not required to pay for (for example, non-specialty safety-toe footwear and certain everyday clothing).
• Also note the statutory note that if another OSHA standard specifically addresses payment for an item, that standard controls (see the Note to 1918.106).

No — the employer is not required to pay for non-specialty safety-toe footwear or non-specialty prescription safety eyewear only if the employer permits those items to be worn off the job-site, as explained in 1918.106(b).

• "Non-specialty" means items that are suitable for general, non-work use (i.e., the employee can wear them off the job-site).
• If the footwear or eyewear is specialized for the job and cannot reasonably be worn off-site, the employer must provide it at no cost under 1918.106(a).

No — when the employer provides metatarsal guards and allows an employee to use shoes or boots with built-in metatarsal protection at the employee's request, the employer is not required to reimburse the employee for those shoes or boots under 1918.106(c).

• The employer may still permit use of employee-owned footwear that provides adequate protection (see 1918.106(f)).

No — 1918.106(d) explicitly states the employer is not required to pay for everyday clothing (like street shoes, long pants, long-sleeve shirts) or ordinary weather-protection items (such as winter coats, parkas, ordinary sunglasses, and sunscreen) listed in paragraphs (d)(1) and (d)(2).

• These items are considered ordinary clothing or weather protection and are excluded from the employer-payment requirement.

Yes — the employer must pay for replacement PPE except when the employee has lost or intentionally damaged the PPE, according to 1918.106(e).

• This means routine wear-and-tear or accidental damage during work must be covered by the employer.
• If PPE is simply misplaced (lost) or intentionally destroyed by the employee, the employer is not required to replace it.

Generally no — the employer shall not require an employee to provide or pay for his or her own PPE, except for items excluded under paragraphs (b) through (e), as stated in 1918.106(f).

• If an employee already owns adequate protective equipment and the employer allows its use, the employer does not have to reimburse the employee for that equipment.
• But the employer may not shift the cost of required PPE to employees unless the item falls into the listed exceptions.

The PPE payment rule became effective on February 13, 2008, and employers had to implement the payment requirements no later than May 15, 2008, as specified in 1918.106(g).

• Employers should already be meeting these requirements; the dates are provided to mark the regulatory compliance timeline.

Yes, but only if the deposit system does not result in employees paying for PPE required to be provided at no cost and is administered fairly, as discussed in OSHA's Employee PPE payment methods letter and the final rule (1918.106).

• OSHA has said an employer may retain ownership of PPE and require return upon termination; if an employee does not return employer-owned PPE, the employer may require payment or take steps to retrieve it (see the 2014 LOI).
• However, a deposit system must not be used to circumvent the rule by making employees involuntarily pay for PPE or charging for normal wear-and-tear (see the 2014 LOI).

OSHA allows reimbursement arrangements in some circumstances but cautions that a reimbursement system cannot be structured so employees effectively pay out of pocket for required PPE, which would violate the payment rule; see the OSHA Employee PPE payment methods letter and 1918.106(a).

• If an employer requires PPE, the safe approach is to provide it up front at no cost.
• If a reimbursement program is used, it must not impose an actual cost on employees for PPE that OSHA requires the employer to provide.

Yes — negligent damage is not listed as an exception, so the employer must pay for replacement PPE unless the employee lost it or intentionally damaged it, per 1918.106(e).

• The only explicit exceptions are loss and intentional damage; ordinary negligence or accidental damage occurring on the job must be covered by the employer.

Possibly — OSHA permits an employer that retains ownership of PPE to require return and to require payment if the employee does not return employer-owned PPE, but any payroll deductions must comply with federal, state, and local wage and deduction laws, as described in the Employee PPE payment methods letter and 1918.106.

• Employers should use written agreements or clear policies and must not charge employees for wear-and-tear related to workplace use (2014 LOI).
• Before making payroll deductions, confirm compliance with applicable wage-payment statutes in your jurisdiction.

No — when an employee provides adequate protective equipment he or she owns and the employer permits its use, the employer may allow the employee to use it and is not required to reimburse the employee, as stated in 1918.106(f).

• However, the employer may not require the employee to supply PPE unless that item falls under an exception (see 1918.106(b)-(e)).

The other OSHA standard controls — the Note to 1918.106 states that when another OSHA standard specifies whether the employer must pay for a specific piece of equipment, the payment provisions of that other standard prevail over 1918.106 (see 1918.106).

• Always check the specific standard for the equipment involved (for example, some standards in Parts 1910, 1915, 1917, or 1926 include their own payment language).

Determine whether the footwear is suitable for off-the-job use — 1918.106(b) excludes "non-specialty" safety-toe footwear from employer payment only when the employer allows those items to be worn off the job-site, which generally means the footwear is ordinary enough to be used away from work.

• OSHA's Final Rule and subsequent interpretations (see the 2014 LOI) explain employers should not use definitions or practices that effectively force employees to pay for PPE required by OSHA.
• If footwear is specially designed for the hazards of the job and cannot reasonably be worn away from the workplace, treat it as employer-provided PPE under 1918.106(a).

The employer may require payment or take reasonable steps to retrieve employer-owned PPE if an employee does not return it, but cannot charge the employee for wear-and-tear from normal workplace use, as explained in OSHA's Employee PPE payment methods letter and consistent with 1918.106.

• A written agreement clarifying return expectations and consequences can be effective.
• Any collection or payroll deductions must comply with federal and state wage and deduction laws (see the 2014 LOI).

The employer remains responsible for ensuring employees are protected — while 1918.106(f) allows an employer to permit use of adequate employee-owned PPE without reimbursement, the employer must still ensure that the PPE provides the required protection and that use complies with applicable standards.

• Employers should inspect or verify that employee-provided PPE meets the protection level required by the task or standard.
• If the employee-owned PPE is inadequate, the employer must supply compliant PPE at no cost under 1918.106(a).

Yes, but only if the deposit system does not result in an actual cost to the employee for PPE that OSHA requires the employer to provide, as discussed in the OSHA Employee PPE payment methods letter and consistent with 1918.106.

• OSHA accepted deposit systems as an incentive to return equipment, provided they are not administered in a way that circumvents the requirement that employers pay for required PPE.
• Employers must ensure the deposit is repaid per any written agreement and comply with wage/deduction laws.

Yes — if the footwear is specialty (i.e., not suitable for off-the-job use and required to protect against workplace hazards), it must be provided at no cost under 1918.106(a); the exclusion in 1918.106(b) applies only to non-specialty footwear that the employer allows to be worn off-site.

• If in doubt, treat job-specific protective footwear as employer-provided PPE and document the hazard assessment supporting that conclusion.