Department of Labor's Clarification Signals More Vigorous Enforcement of OSHA’S PPE and Training Standards
December 12, 2008
On December 12, 2008, the Department of Labor clarified that employers can be cited on a per-employee basis for violating OSHA rules regarding personal protective equipment (PPE) for employees or failing to provide employees with OSHA-required training. OSHA’s position is now clear: an employer commits a separate violation for each employee who is not provided the required PPE or training, and separate citation items and proposed penalties may be issued on a per-employee basis.
The Department’s clarification does not change the OSHA standards that require employers to provide PPE. For example, OSHA rules require some employers to provide, and in some cases pay for, respirators, flame resistant clothing, and other types of eye, foot, and hearing protection. Where PPE is required, employers must enforce work rules requiring the use of PPE. OSHA’s existing training standards remain unchanged as well. Training of employees is required under OSHA rules for, among other reasons, working with hazardous substances or utilizing lockout / tagout procedures.
In PPE and failure to train cases, the December 12 clarification gives OSHA investigators the discretion to issue a group violation with a single penalty, or to cite each discrete violation and to propose per-employee penalties of up to $7,000. While group violations may be more common, per-employee citations will be issued to deter flagrant violations. In a press release issued by OSHA, Acting Assistant Secretary of Labor for OSHA Thomas Stohler stated that the ability to cite employers on a per-employee basis is necessary for the "vigorous enforcement" of OSHA’s standards.
More vigorous enforcement of OSHA standards is also likely when the new administration takes office next year. Emily Spieler, a former member of the West Virginia Civil Rights Commission, has been named to lead President-Elect Obama’s transition team for OSHA. Ms. Spieler, who has a lengthy track record on worker advocacy, will be in charge of naming the next OSHA administrator.
If you have questions about whether your PPE and hazard training programs comply with OSHA’s standards, please contact a member of Taft’s Labor and Employment Department.
The Department’s clarification does not change the OSHA standards that require employers to provide PPE. For example, OSHA rules require some employers to provide, and in some cases pay for, respirators, flame resistant clothing, and other types of eye, foot, and hearing protection. Where PPE is required, employers must enforce work rules requiring the use of PPE. OSHA’s existing training standards remain unchanged as well. Training of employees is required under OSHA rules for, among other reasons, working with hazardous substances or utilizing lockout / tagout procedures.
In PPE and failure to train cases, the December 12 clarification gives OSHA investigators the discretion to issue a group violation with a single penalty, or to cite each discrete violation and to propose per-employee penalties of up to $7,000. While group violations may be more common, per-employee citations will be issued to deter flagrant violations. In a press release issued by OSHA, Acting Assistant Secretary of Labor for OSHA Thomas Stohler stated that the ability to cite employers on a per-employee basis is necessary for the "vigorous enforcement" of OSHA’s standards.
More vigorous enforcement of OSHA standards is also likely when the new administration takes office next year. Emily Spieler, a former member of the West Virginia Civil Rights Commission, has been named to lead President-Elect Obama’s transition team for OSHA. Ms. Spieler, who has a lengthy track record on worker advocacy, will be in charge of naming the next OSHA administrator.
If you have questions about whether your PPE and hazard training programs comply with OSHA’s standards, please contact a member of Taft’s Labor and Employment Department.
