(1) Definitions.
Contaminants - include any substance that can cause illness or
physical harm to a person by contact with or entry into the body. Examples
include dust in the air and pesticide residues in water.
Hazards - include chemicals, contaminants, and energy sources
that are present in the workplace environment in a way that can cause injury
to, or functional impairment of, any part of the body through absorption,
inhalation or physical contact.
Personal protective equipment (PPE) - includes anything worn or
used for protecting a person from hazards.
(2) Hazard assessment and protective
equipment selection.
NOTE: This section applies to protective equipment
not covered in OAR 437-004-1041 (Respiratory
Protection) or OAR 437-004-0630 (Noise
Exposure).
(a) The employer must
assess the workplace to determine if hazards are present, or are likely to be
present, that would make the use of personal protective equipment (PPE)
necessary to protect employees.
(b)
If such hazards are present, or likely to be present, the employer must:
(A) Select, and ensure that each exposed
employee use, the types of PPE that will protect them from the hazards
identified in the hazard assessment;
(B) Communicate PPE selection decisions to
each exposed employee; and,
(C)
Select PPE that properly fits each exposed employee.
NOTE: Nonmandatory Appendix A to Subdivision I
provides a sample hazard assessment procedure.
(3) Payment for protective
equipment.
(a) Except as in paragraphs (3)(b)
through (3)(e), employers must provide, at no cost to the employee, all
protective equipment, including personal protective equipment (PPE). For
purposes of this rule, employees of labor contractors, labor leasing companies
and temporary labor providers are the employees of the using employer. The
using employer must supply PPE in compliance with this rule.
Note: When another Oregon OSHA standard specifies
that the employer must pay for protective equipment, that standard applies over
this one.
(b) Employers do
not have to pay for non-specialty safety-toe protective footwear (including
steel-toe shoes or steel-toe boots) and non-specialty prescription safety
eyewear, if the employer allows employees to wear the items off the job
site.
(c) When employers provide
metatarsal guards and allow the employee, to use shoes or boots with built-in
metatarsal protection, employers do not have to reimburse the employee for the
shoes or boots.
(d) Employers do
not have to pay for:
(A) Everyday clothing,
such as long-sleeve shirts, long pants, street shoes, and normal work boots;
or
(B) Ordinary clothing, skin
creams, or other items, used solely for protection from weather, such as winter
coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary
sunglasses, and sunscreen.
(e) Employers must pay for replacement PPE,
except when the employee has lost or intentionally damaged the PPE.
NOTE: Employees must not be allowed to work in
hazardous conditions without the appropriate PPE.
(f) Where an employee provides their own
protective equipment the employer does not have to reimburse the employee for
that equipment. (Also see paragraph (4))
(4) Employees' equipment. If employees
provide their own protective equipment, the employer is responsible to ensure
that it is adequate and is right for the job and hazards.
(5) Equipment inspection, maintenance, and
storage. Do not allow workers to use defective or damaged personal protective
equipment. All protective equipment, whether furnished by the employer or
provided by the employee, must be maintained in a sanitary and reliable
condition.
(6) Skin protection.
Where needed, provide and require the use of protective coverings, such as
aprons, ointments, gloves, or other effective protection to employees exposed
to materials or conditions that are hazardous to their skin.
(7) Follow manufacturer's instruction.
Require employees to wear and use personal protective equipment according to
the manufacturer's instructions.
(8) Watches and jewelry. Employees working
where they might contact moving parts of powered machinery or live parts of
electrical equipment, must not be allowed to wear rings, watches, earrings,
bracelets or other things that could cause a hazard.
(9) Control hazards first. Contain or
eliminate hazards at the source by using administrative or engineering
controls. Personal protective equipment is appropriate when these types of
controls are not feasible or where there are still hazards.
(10) Training.
NOTE: This section applies to protective equipment
not covered in OAR 437-004-1041 (Respiratory
Protection) or OAR 437-004-0630 (Noise
Exposure).
(a) The employer must
provide training to each employee who is required to use Personal Protective
Equipment (PPE). that includes at least the following:
(A) When PPE is necessary;
(B) What type of PPE is necessary;
(C) How to properly put on, take off, adjust,
and use the PPE;
(D) The
limitations and useful life of the PPE; and,
(E) The proper care, maintenance, storage and
disposal of the PPE.
(b)
Each affected employee must demonstrate an understanding of the training
specified in paragraph (10)(a) of this section, and the ability to use PPE
properly, before being allowed to perform work requiring the use of
PPE.
(c) When the employer has
reason to believe that any affected employee who has already been trained does
not have the understanding and skill required by paragraph (10)(a) of this
section, the employer must retrain that employee. Circumstances where
retraining is required include:
(A) When
changes in the workplace make previous training obsolete;
(B) When changes in the types of PPE to be
used make previous training obsolete;
(C) When deficiencies in an affected
employee's demonstrated knowledge or use of assigned PPE indicate that the
employee has not retained the required understanding or skill.
