Protective-equipment costs and requested overtime

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

September 2, 1976

Honorable Adlai E. Stevenson
United States Senate
[Recipient address omitted]
Dear Senator Stevenson:

This is in response to your correspondence dated August 13, 1976, which transmitted a letter dated August 12, 1976, from Mr. George E. Vileta from Chicago, Illinois. Mr. Vileta asked if an employer is responsible for providing personal protective equipment, such as safety glasses and hard hats, used by his employees. Mr. Vileta also asked if an employee could refuse to work more than 40 hours per week.

Occupational Safety and Health Administration (OSHA) standards require that personal protective equipment be used when there is a reasonable probability of injury that can be prevented by such equipment. The OSHA standards do not, however, specify who pays the cost of such protective equipment. This question normally is settled through discussions between the employer and employees, or through the collective bargaining process, where appropriate.

If your constituent has any questions concerning OSHA's position on this matter, he may feel free to contact the OSHA Office which serves his locale directly. The address and telephone number follow:

Area Director U.S. Department of Labor - OSHA 230 South Dearborn Street, 16th Floor Chicago, Illinois 60604 Telephone: 312-353-1390

I am informed by the Wage and Hour Division of the Department of Labor that there is no Federal law which limits the number of hours an employer can request an employee to work. This, also, is a matter for labor-management relations and is normally subject to any applicable collective bargaining agreement.

If I may be of any further assistance, please feel free to contact me. Pursuant to your request, the enclosure is herewith returned.

Sincerely,
Bert M. Concklin
Deputy Assistant Secretary