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OSHA 1926.95

Personal protective equipment requirements

1926 Subpart E

19 Questions & Answers
10 Interpretations

Questions & Answers

Under 1926.95(a), when must an employer provide personal protective equipment (PPE)?

An employer must provide, ensure use of, and maintain PPE whenever hazards exist that are capable of causing injury or impairment to any part of the body through absorption, inhalation, or physical contact. Employers in construction should follow the application in 1926.95(a).

  • This covers PPE for eyes, face, head, extremities, protective clothing, respiratory devices, and protective shields and barriers.
  • Provide PPE where hazards arise from processes, the environment, chemical or radiological hazards, or mechanical irritants.

Cited: 1926.95(a).

Under 1926.95(b), who is responsible for the adequacy, maintenance, and sanitation of employee-owned PPE?

The employer is responsible for assuring the adequacy, proper maintenance, and sanitation of employee-owned protective equipment if employees provide their own. This is stated in 1926.95(b).

  • Employers must inspect, approve, and maintain any employee-owned PPE they allow to be used on the job.
  • If the employee's PPE is inadequate, the employer must provide acceptable equipment.

Under 1926.95(c)(1) and (c)(2), what are the employer's duties when choosing PPE design and size?

Employers must ensure PPE is of a safe design and construction for the work and that it properly fits each affected employee. These duties come from 1926.95(c)(1) and 1926.95(c)(2).

  • "Safe design and construction" means the PPE chosen is appropriate for the hazard (e.g., impact-rated helmets for overhead hazards).
  • "Proper fit" means the PPE must be sized and adjusted so it protects effectively for each individual worker.

Under 1926.95(d)(1), must employers pay for PPE used to comply with the construction standards?

Yes. Except for the limited exceptions listed in the standard, employers must provide the PPE required by Part 1926 at no cost to employees. See 1926.95(d)(1).

  • This general rule applies to protective equipment and PPE used to comply with OSHA construction requirements.
  • Review the exceptions in 1926.95(d)(2)–(d)(6) for items employers are not required to pay for.

Under 1926.95(d)(2), when is an employer NOT required to pay for safety-toe footwear or prescription safety eyewear?

An employer is not required to pay for non-specialty safety-toe protective footwear or non-specialty prescription safety eyewear if the employer permits those items to be worn off the job-site. This exception is in 1926.95(d)(2).

  • "Non-specialty" means ordinary safety-toe shoes or boots and regular prescription safety glasses without unique job-specific protective features.
  • If the footwear or eyewear is specialized for the job and not suitable for off-site wear, the employer generally must provide it and pay for it.

Under 1926.95(d)(3), does an employer have to reimburse employees for shoes or boots that have built-in metatarsal protection when metatarsal guards are provided?

No. When the employer provides metatarsal guards and allows the 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. See 1926.95(d)(3).

  • The employer still must provide acceptable metatarsal protection if the hazard requires it, but need not pay for employee-owned boots with built-in protection.

Under 1926.95(d)(4)(i) and (ii), what clothing and items are employers not required to pay for?

Employers are not required to pay for everyday clothing or ordinary items used solely for protection from weather. This exception is described in 1926.95(d)(4)(i) and 1926.95(d)(4)(ii).

  • Examples of everyday clothing excluded: long-sleeve shirts, long pants, street shoes, normal work boots.
  • Examples of weather-protection items excluded: winter coats, raincoats, ordinary sunglasses, and sunscreen when used solely for weather protection.

Under 1926.95(d)(5), who pays for replacement PPE and are there exceptions?

The employer must pay for replacement PPE, except when an employee has lost or intentionally damaged the PPE. This requirement is in 1926.95(d)(5).

  • Replace worn or damaged PPE at the employer's expense when normal use causes the need for replacement.
  • Employers may deny payment for replacement if the employee intentionally destroys or carelessly loses the PPE.

Under 1926.95(d)(6), can an employer require employees to provide their own PPE?

No. Employers shall not require employees to provide or pay for their own PPE except for items specifically excepted by 1926.95(d)(2)–(d)(5). This is stated in 1926.95(d)(6).

  • Employers may allow employees to use adequate PPE they already own, but they cannot mandate employees buy PPE that the employer is required to provide.
  • Exceptions include non-specialty safety-toe footwear and ordinary weather clothing as listed in the standard.

Under 1926.95(a) and (b), who must maintain cleanliness and sanitary condition of PPE, and how should it be done?

Employers must provide, maintain, and keep PPE in a sanitary and reliable condition; if employees bring their own PPE, the employer must assure its maintenance and sanitation. These duties appear in 1926.95(a) and 1926.95(b).

  • Sanitation includes cleaning and disinfecting reusable PPE (e.g., respirator facepieces, gloves, and other gear) according to manufacturer guidance.
  • Employers should have procedures for cleaning, inspecting, and storing PPE so it remains reliable and safe to use.

Under 1926.95 and the PPE hazard assessment letter of interpretation (Mar 28, 2024), is a workplace hazard assessment required before selecting PPE?

Yes. Employers must assess the workplace to determine if hazards are present that require PPE, and the March 28, 2024 Letter of Interpretation explains that OSHA expects employers to perform hazard assessments and document them when PPE will be required (see the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28). The general duty to assess hazards is consistent with the PPE obligations in 1926.95.

  • The LOI notes that 29 CFR 1910.132(d)(1) requires an employer to assess the workplace and that a written certification should exist if PPE is required; employers should apply the same practical approach in construction settings.
  • Employers should not rely solely on PPE when other controls (engineering, administrative) could reduce hazards.

Under 1926.95(d)(1) and the respirator selection letter of interpretation (Jan 4, 2024), must employers provide and pay for respirators required for Class I asbestos work?

Yes. Employers must provide and pay for respirators required to comply with construction asbestos requirements; the asbestos respirator Letter of Interpretation (January 4, 2024) clarifies respirator types required for Class I asbestos work under 29 CFR 1926.1101 (see https://www.osha.gov/laws-regs/standardinterpretations/2024-01-04) and 1926.95(d)(1) requires employers to furnish required PPE at no cost.

  • For Class I asbestos work above specified exposure levels, the asbestos standard mandates full facepiece supplied-air respirators in pressure-demand mode with SCBA backup per 29 CFR 1926.1101; employers must supply and pay for such respirators.
  • If a negative exposure assessment is demonstrated, lesser respirators listed in 29 CFR 1910.134 Table I may be allowed, but asbestos rules place other specific requirements—see the January 4, 2024 interpretation for details (https://www.osha.gov/laws-regs/standardinterpretations/2024-01-04).

Under 1926.95(d)(2), can an employer require reimbursement for non-specialty safety-toe footwear if the worker never wears it off the job-site?

No—1926.95(d)(2) treats the exception as contingent on permitting the items to be worn off the job-site; employers are not required to pay for non-specialty safety-toe footwear provided they allow such footwear to be worn off the job-site (see 1926.95(d)(2)).

  • If an employer forbids wearing the footwear off-site (making it job-only), the footwear may no longer meet the "non-specialty" exception and the employer should provide and pay for appropriate protective footwear.

Under 1926.95, what is meant by "specialty" safety-toe footwear or prescription safety eyewear?

"Specialty" generally refers to safety footwear or eyewear that is specifically designed for a particular hazard or work condition and not suitable for ordinary off-the-job use; 1926.95(d)(2) distinguishes non-specialty items (which employers need not pay for if permitted off-site) from specialty items (which employers must provide).

  • Examples of specialty items: boots with electrical hazard insulation for specific energized-work tasks, or prescription eyewear with specialized filters or faceshields required by a particular operation.
  • When in doubt, employers should evaluate whether the protective feature is job-specific and, if so, provide and pay for the specialty PPE.

Under 1926.95 and the noise Letter of Interpretation (Mar 6, 2023), must employers provide hearing protection at no cost when required by a hearing conservation program?

Yes. Employers must provide required PPE at no cost under 1926.95(d)(1), and the March 6, 2023 Letter of Interpretation explains that hearing protectors must be provided at no cost as part of an effective hearing conservation program (see https://www.osha.gov/laws-regs/standardinterpretations/2023-03-06).

  • The LOI describes that hearing protection selected must reduce exposures to an acceptable TWA (e.g., to 85 dBA for a hearing conservation trigger) and be provided and fitted as needed.
  • Employers should choose hearing protectors that workers will accept and wear correctly and provide training and fitting when audiograms indicate hearing loss.

Under 1926.95, may an employer allow employee-owned PPE to be used without inspection or approval?

No. When employees provide their own protective equipment, the employer must assure its adequacy, proper maintenance, and sanitation as required by 1926.95(b).

  • The employer should inspect employee-owned PPE before use to confirm it provides equivalent protection to employer-provided equipment.
  • If the PPE is inadequate for the hazard, the employer must supply suitable alternatives.

Under 1926.95(d)(5), can an employer charge an employee for replacement PPE that was lost while the employee was working?

No—employers must pay for replacement PPE unless the employee lost it through intentional damage or loss that was the employee's fault; 1926.95(d)(5) allows an exception only when the employee has lost or intentionally damaged the PPE.

  • If PPE is lost due to ordinary wear-and-tear or accidental loss during normal work duties, the employer is responsible for replacement.
  • Employers should have a fair and documented policy to determine whether loss was intentional or due to negligence before denying replacement at employer expense.

Under 1926.95, are employers allowed to rely solely on PPE instead of using engineering or administrative controls?

No; while 1926.95 requires providing PPE where hazards exist, OSHA guidance in the PPE hazard assessment Letter of Interpretation (Mar 28, 2024) emphasizes that employers should not rely solely on PPE and should consider other controls first (see https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28).

  • Follow the hierarchy of controls: eliminate the hazard, use engineering controls, then administrative controls, and use PPE as the last line of defense.
  • Conduct a hazard assessment to determine whether feasible controls can reduce or eliminate the need for PPE.

Under 1926.95, how should employers handle PPE selection when PPE must fit each affected employee (e.g., gloves, respirators)?

Employers must select PPE that properly fits each affected employee and ensure sizing and fit testing where applicable, as required by 1926.95(c)(2).

  • For tight-fitting respirators, employers must also follow applicable respirator-fit requirements in standards like 29 CFR 1910.134 when that standard applies; see the PPE hazard assessment LOI for the importance of assessment and selection (https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28).
  • Provide a range of sizes and document fit checks or fit tests as appropriate for the type of PPE.