Employee compliance duties

Yes. Under 1918.5(a) the employer must provide PPE to each employee who is required to use it.

• The rule states that PPE requirements in this part create a separate compliance duty to each covered employee, so providing PPE to one person does not satisfy the obligation for another.
• Each failure to provide required PPE to an individual employee may be treated as a separate violation of the standard. 1918.5(a).

Yes. A failure to provide required PPE to each employee can be cited as a separate violation for each affected employee under 1918.5(a).

• The standard explicitly explains that PPE requirements impose a separate compliance duty with respect to each employee covered by the requirement.
• Practically, if three employees are required to wear hard hats and the employer only provides two, OSHA may treat that as one violation for each employee who wasn’t provided PPE. 1918.5(a).

Yes. Under 1918.5(b), the employer must train each affected employee in the manner required by the applicable standard.

• The provision makes training requirements a separate compliance duty for each employee covered by the training requirement, so group-level training does not excuse the duty to ensure every employee is actually trained.
• Each individual failure to train an affected employee may be treated as a separate violation. 1918.5(b).

Maybe — but the employer must ensure that every affected employee receives the training required by the standard. 1918.5(b).

• A single classroom can satisfy the duty if every affected employee attends and the session covers the training elements and methods required by the specific standard.
• If some employees miss the session, or the session does not meet the substance or method required, each untrained employee may be treated as a separate violation under 1918.5(b).

Yes. The employer must provide PPE to each employee covered by the PPE requirement regardless of employment status. 1918.5(a).

• The standard creates a separate compliance duty for each employee “covered by the requirement,” so temporary, seasonal, or contract employees who are covered must be provided PPE.
• If there is any doubt about which employer is responsible for PPE for contractors, consult the specific maritime or contract provisions and coordinate responsibilities, but the duty to each employee still applies. 1918.5(a).

No — employers generally must pay for required PPE, and cannot make employees bear the cost in a way that results in involuntary payment. See OSHA’s interpretation on employer payment for PPE at https://www.osha.gov/laws-regs/standardinterpretations/2014-11-13.

• The Employer Payment for PPE final rule requires employers to pay for most PPE; OSHA’s Letter of Interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2014-11-13 explains permissible methods like deposit systems only if they do not result in the employee ultimately paying for PPE required by the employer.
• The employer may require return of employer-owned PPE when employment ends and may seek payment for items not returned, but may not charge employees for wear and tear related to work or workplace conditions. https://www.osha.gov/laws-regs/standardinterpretations/2014-11-13.

Yes, but only if the deposit system does not make the employee effectively pay for required PPE and complies with applicable laws. See OSHA’s interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2014-11-13.

• OSHA’s 2014 Letter of Interpretation accepts deposit systems to encourage return of employer-owned PPE, provided the deposit does not result in an employee bearing the cost of PPE the employer is required to provide.
• The employer must not use the deposit to circumvent the payment rule and should have clear written agreements and return policies. https://www.osha.gov/laws-regs/standardinterpretations/2014-11-13.

No, OSHA does not certify training programs or instructors; employers must ensure that required first-aid training is adequate for the hazards. See OSHA’s interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2019-06-19.

• The First Aid and Bleeding Control Letter of Interpretation explains that while OSHA requires that first aiders be “adequately trained,” OSHA does not certify training programs or instructors.
• Employers must ensure training meets the needs of their workplace and the requirements of any specific standard that mandates training, consistent with 1918.5(b). https://www.osha.gov/laws-regs/standardinterpretations/2019-06-19.

No — when a specific standard requires that one or more on-site individuals be trained, the employer must meet that requirement, but 1918.5(b) still creates separate duties where the standard itself covers training of each employee.

• For example, maritime standards may require that one or more on-site individuals be trained in first aid rather than every employee; the employer must ensure the required number are trained. See OSHA’s explanation that requirements vary by standard in the First Aid and Bleeding Control Letter.
• If a particular 1918 standard explicitly requires training of each employee, then 1918.5(b) makes failure to train any covered employee a separate violation. https://www.osha.gov/laws-regs/standardinterpretations/2019-06-19.

No. Providing PPE that is unusable, defective, or not fit for the employee does not satisfy the duty under 1918.5(a).

• The standard requires employers to provide PPE to each employee required to use it; reasonable reading of that duty requires PPE to be appropriate, fit properly, and be in serviceable condition.
• If PPE is unsuitable and an employee cannot safely use it, the employer can be cited for failing to provide appropriate PPE to that employee as a separate violation under 1918.5(a).

OSHA considers retraining or refresher training necessary whenever the standard requires it or when an employee’s performance shows the need; failure to provide required retraining to each affected employee can be cited under 1918.5(b).

• Many standards require periodic or refresher training; 1918.5(b) makes that a separate duty for each employee covered by those requirements.
• Employers should document who received refresher training and when to show compliance for each affected employee. 1918.5(b).

Yes. If a standard requires respirators or other PPE because of hazards to employees, the employer must provide that PPE to each employee covered by the requirement under 1918.5(a).

• The provision makes the employer’s duty specific to each affected employee; supplying PPE to only some employees who are exposed is not sufficient.
• If respirators are required, the employer must also comply with other respirator-related requirements in applicable standards in addition to the per-employee duty in 1918.5(a).

Yes, an employer may contract training to a qualified third party, but the employer still retains the duty under 1918.5(b) to ensure each affected employee receives the required training.

• Using contractors or vendors to deliver training is acceptable as long as every affected employee receives the training content and methods required by the applicable standard.
• The employer cannot avoid liability for untrained employees simply by outsourcing training; each failure to train an employee remains a separate compliance issue under 1918.5(b).

The employer is still responsible to provide PPE and to enforce its use where required; an employee’s refusal does not remove the employer’s separate duty to each covered employee under 1918.5(a).

• The employer should address refusal through training, supervision, and workplace policies that make PPE use a job requirement; document the steps taken.
• If the employee continues to refuse, the employer must still have provided the PPE and taken reasonable steps to ensure compliance, because failure to provide or enforce PPE use for that employee may be treated as a separate violation under 1918.5(a).

1918.5(b) itself does not prescribe specific recordkeeping, but it makes training a separate duty to each employee; employers should keep records to demonstrate each affected employee received the required training. See 1918.5(b).

• Many OSHA standards do require training records; where a standard requires documentation, employers must keep it. Even where not explicitly required, training records are the best way to show compliance with the per-employee duty in 1918.5(b).
• For first-aid training specifics and guidance on adequacy of training, consult OSHA’s interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2019-06-19.

Yes — modifications to equipment that affect safety or capacity may require manufacturer or professional engineer approval under related standards; failure to follow those rules can affect overall compliance even if PPE is provided. See 1918.5(a) and related equipment modification guidance in OSHA interpretations such as https://www.osha.gov/laws-regs/standardinterpretations/2004-12-21-0.

• While 1918.5(a) focuses on per-employee PPE duties, other standards and interpretations require manufacturer or engineer approval for modifications that affect safety; see the strobe light interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-12-21-0 for an example.
• Employers should ensure any PPE modifications or vehicle/equipment changes meet the applicable approval requirements in addition to meeting the separate per-employee duty to provide PPE. https://www.osha.gov/laws-regs/standardinterpretations/2004-12-21-0.