OSHA has issued a revision to the personal protective equipment standard for construction workers, which is set to take effect on Jan. 13. The ruling is aimed to improve workers’ safety from hazardous conditions, writes Kristin Fletcher in a piece for SHRM.

The ruling will “explicitly require that the equipment must fit properly,” according to OSHA.

The construction industry had the most fatalities (1,075) among all industry sectors in 2023, its highest total since 2011, according to the National Census of Fatal Occupational Injuries. Falls, slips and trips accounted for 39.2 percent of all construction fatalities (421), with transportation incidents accounting for another 22.3 percent of fatalities (240).

“I’ve talked to workers in construction, particularly women, who have spoken of personal protective equipment that didn’t fit or was simply unavailable at the job site in their size,” said Assistant Secretary for Occupational Safety and Health Doug Parker. “PPE must fit properly to work.”

Examples of ill-fitting PPE include pant legs and shirt sleeves that are too long, which can cause tripping hazards or make it difficult to use tools or control equipment.

PPE in the construction industry can include hard hats, gloves, goggles, safety shoes, safety glasses, welding helmets and goggles, hearing protection devices, respirators, coveralls, vests, harnesses and full bodysuits. These items are designed to prevent job-related injuries, illnesses and deaths.

According to OSHA, the final rule states that PPE must fit properly to provide appropriate protection to employees from workplace hazards. Improperly fitting equipment could fail to provide any protection, reduce the gear’s effectiveness, present additional hazards or discourage employees from using such equipment on the job site.

OSHA said that properly fitting PPE “does not create additional safety and health hazards arising from being either too small or too large.”

“Ultimately, I think employers just need to continue using common sense when providing PPE to make sure there’s a proper fit,” said John Ho, co-chair of the OSHA-Workplace Safety Practice for Cozen O’Connor in New York. “This rule does not require a competent person to ensure that PPE fits properly, but I would also advise construction employers that if employees complain about PPE, they need to take those claims seriously, which hopefully they would have done regardless of the new rule.”

The rule is designed to align PPE requirements in the construction industry with what is already required in OSHA’s general and maritime industry standards. An economic analysis by the agency determined that the new rule will not have a significant impact on small businesses. The average cost is $52 per employee, said Matthew Cox, attorney at Smith Currie Oles.

OSHA received 85 comments during the public-comment period for the rule. The vast majority of commenters supported the change and cited various examples of injuries caused by ill-fitting PPE. Some commenters noted that the lack of properly fitting PPE can lead to a less-inclusive workplace and said that properly fitting PPE could increase worker retention and productivity.

Furthermore, when employees bring in their own PPE, OSHA requires the employer to ensure the gear’s adequacy through proper maintenance and sanitation.

OSHA stated that improperly fitting PPE can be uncomfortable for the wearer, which can lead workers to modify or disregard the PPE and become vulnerable to a hazard. The employer should take an employee’s expression of discomfort seriously.

With few exceptions, employers are required to pay for PPE when it is used to comply with an OSHA standard. Cox stated that new OSHA penalty amounts for employers found to be in noncompliance will take effect on Jan. 16.

The maximum penalty will increase from $15,625 to $16,131 per violation. The minimum penalty for other-than-serious violations is still $0; for serious violations, it will be $1,190 per violation. The minimum penalty for willful or repeated violations will be $11,524, and the maximum penalty for willful or repeated violations will increase from $156,259 to $161,323 per violation.

Employers are advised to audit their current PPE inventory and ensure that proper sizes are available for all workers prior to Jan. 13. The Center for Construction Research and Training and the International Safety Equipment Association list manufacturers of PPE specifically for women. OSHA also lists additional PPE resources for women on its website.

As to whether the new rule will remain in effect under the Trump administration, Cox does not see challenging it as a high priority for the industry.