Employer responsibility for safety rules and protective equipment

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

August 11, 1976
Honorable Lawton Chiles
United States Senate
[Recipient address omitted]
Dear Senator Chiles:
This is in response to the communication from your office, dated July 16, 1976, referring to [illegible in source], Mr. Artis A. King, Lake Worth, Florida.
The Occupational Safety and Health Act of 1970 (copy enclosed) assigns the responsibility for compliance with safety and health standards to the employer and contains no sanctions which OSHA can enforce against the employee. The employer provides supervision and instructions to his employees to ensure that work is completed in a timely and proper manner. This same supervision should ensure that employees have, and use, safe tools and equipment. In many companies, adherence to safety and health rules is a condition of employment. Employee disregard for these rules is treated with the usual management practice for each company.
Under the Act, and its standards, personal protective equipment must be used when there is reasonable probability of injury that can be prevented by such protective equipment. Employees, when not subject to such probable injury or illness, are not required to be so protected.
I am enclosing a copy of the Occupational Safety and Health Standards applicable to general industry. 29 CFR 1910.132(a), page 23670, outlines the general requirements for personal protective equipment. 29 CFR 1910.135, page 23673, provides specific requirements for occupational head protection.
If I may be of any further assistance, please feel free to contact me. Pursuant to your request, the enclosures are herewith returned.
Sincerely,
Bert M. Concklin
Deputy Assistant Secretary
Enclosures