OSHA Seeks Approval for Proposed Rule on Remedies for Violations of Personal Protective Equipment, Training Standards
September 11, 2008 // Published as a news service by IHS
The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) is accepting public comments on a notice of proposed rulemaking (NPRM) on personal protective equipment (PPE) and training standards.
The proposal clarifies that when an OSHA standard requires an employer to provide PPE, such as respirators or training to employees, the employer must do so for each employee subject to the requirement.
Each employee not protected may be considered a separate violation for penalty purposes, according to OSHA.
The proposed rule affects OSHA's general industry, construction and maritime standards. In many cases, OSHA combines separate violations of a single requirement in a standard into a single penalty.
However, under the instance-by-instance penalty policy, OSHA may propose a separate penalty for each specific violation where the employer demonstrates a flagrant disregard for safety and health, said OSHA.
The proposed rule makes clear that failure to provide appropriate PPE or training may result in per-instance penalties in appropriate cases.
The proposed rule does not add new compliance obligations nor are employers required to provide any new type of PPE or training. The amendments clarify that a separate penalty may be assessed for each employee not provided the required PPE or training.
The Federal Register notice about the Clarification of Remedy for Violation of Requirements to Provide Personal Protective Equipment and Train Employees can be found at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=21055.
Source: U.S. Department of Labor Occupational Safety and Health Administration (OSHA).