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OSHA Clarification of Employer Duty to Provide
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OSHA is amending its standards to add language clarifying that the personal protective equipment (PPE) and training requirements impose a compliance duty to each and every employee covered by the standards and that noncompliance may expose the employer to liability on a per-employee basis. The amendments consist of new paragraphs added to the introductory sections of Parts 1910, 1915, 1917, 1918, and 1926 and changes to the language of some existing respirator and training requirements. This action, which is in accordance with OSHA’s longstanding position, is being taken in response to recent decisions of the Occupational Safety and Health Review Commission indicating that differences in wording among the various PPE and training provisions in OSHA safety and health standards affect the Agency’s ability to treat an employer’s failure to provide PPE or training to each covered employee as a separate violation.
The amendments add no new compliance obligations. Employers are not required to provide any new type of PPE or training, to provide PPE or training to any employee not already covered by the existing requirements, or to provide PPE or training in a different manner than that already required. The amendments simply clarify that the standards apply to each employee.
The final rule becomes effective on January 12, 2009. The Federal Register which includes all information on this final rule is attached for your review. If you have any questions or need assistance please contact the National HAZMAT Program at (304) 253-8674 or email at hazmat@iuoeiettc.org.
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