OSHA HAD PREVIOUSLY ESTIMATED that construction employees who may require non-standard sizes of PPE are 114,369 men above 300 pounds, 11,113 women above 300 pounds, and 57,498 women under 5 feet tall. OSHA had not identified how many men met the 5-foot threshold.
The Occupational Safety and Health Administration (OSHA) finalized a rule requiring construction employers to provide personal protective equipment (PPE) that “properly fits” their employees. The rule will take effect on January 13, 2025, addressing long-standing concerns about PPE fit, particularly for smaller workers and women. However, its implementation faces uncertainty amid political opposition and an upcoming change in federal leadership.
Background: The push for properly fitting PPE
The journey toward this rule began with a notice of proposed rulemaking announced by the U.S. Department of Labor in 2023. The proposed revision aimed to clarify that PPE must fit each affected employee properly, aligning construction standards with those for general industry and maritime.
“The failure of standard-sized PPE to protect physically smaller construction workers properly, as well as problems with access to properly fitting PPE, have long been safety and health concerns in the construction industry, especially for some women,” stated Douglas Parker, Assistant Secretary for Occupational Safety and Health.
Parker emphasized the critical nature of proper fit, explaining that ill-fitting PPE can leave workers unprotected or dangerously exposed to hazards. “If personal protective equipment does not fit properly, an employee may be unprotected or dangerously exposed to hazards and face tragic consequences,” he said. Parker also encouraged stakeholder input, highlighting the importance of collaboration in addressing this critical issue.
OSHA maintained that the proposed changes would not increase employers’ costs or compliance burdens but would clarify existing requirements. The public comment period, which closed on September 18, 2023, drew responses from supporters and skeptics alike.
Key details of the rule
The finalized rule mirrors PPE fit requirements already in place for general industry and maritime sectors, adding language to OSHA’s construction standards that explicitly states PPE must fit properly. OSHA’s notice highlighted the safety risks posed by improperly fitting PPE, which can fail to protect workers, introduce new hazards, or discourage use altogether.
Supporters of the change, mainly female workers, lauded the move, sharing examples of working with poorly fitting PPE or even improvising their gear. Critics argued that the rule’s language remains too vague, lacking clear definitions or guidance on determining whether PPE “properly fits.”
Industry concerns and OSHA’s defense
Industry feedback expressed concerns about potential disputes stemming from the rule’s lack of specificity. Employers fear discomfort could be misconstrued as noncompliance, leading to grievances or enforcement issues. Some commenters suggested an operational definition of “properly fits,” while others highlighted unique considerations, such as pregnancy, in determining PPE fit.
OSHA defended its decision not to define the term further, asserting that employers in general industry and maritime sectors have managed compliance without difficulty. The agency cited minimal confusion and enforcement issues in these sectors as evidence that construction employers could adapt similarly.
OSHA also addressed the concept of “universal fit” PPE, acknowledging that while adjustable options may not accommodate every worker, they should suffice for most in the construction industry.
Political and regulatory challenges
Despite its intent to improve safety for construction workers, the rule faces an uncertain future. A Republican-controlled Congress and a potential second Trump administration could prioritize reversing the rule. Under the Congressional Review Act (CRA), a rollback would nullify the regulation and bar OSHA from reissuing a similar rule without explicit Congressional approval.
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