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Protective equipment required by workplace hazards

Summary A requester asked about required personal protective equipment. OSHA said its rules required equipment where it could prevent a reasonably probable injury, while equipment beyond those requirements was generally a matter of employment conditions or labor agreements. OSHA archives the letter.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1977-06-15-0
Date issued
June 15, 1977
Status
Archived by the agency
OSHA labels this an archive document and warns that it may no longer represent OSHA policy.
Status last verified October 10, 2026

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The current status of this document is unclear
OSHA labels this an archive document and warns that it may no longer represent OSHA policy. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

June 15, 1977
Mr. Glen P. Wery
[Recipient address omitted]
Dear Mr. Wery:
This is in response to your letter dated May 17, 1977, addressed to Assistant Secretary Eula Bingham, regarding the wearing of personal protective equipment, which has been forwarded to this office for responses.
The Occupational Safety and Health Act of 1970 and its standards require personal protective equipment be used when there is a reasonable probability of injury that can be prevented by such protective equipment. The use of personal protective equipment under conditions not required by established Occupational Safety and Health Administration (OSHA) standards is solely a matter of employment conditions existing between the employer and his employees, and where applicable, subject to any labor/management contractual arrangement.
I have enclosed a copy of OSHA's occupational safety and health standards applicable to construction, 29 CFR 1926 and to general industry, 29 CFR 1910. Sections 1910.132 and 1926.28 of these regulations, outline the general requirements for the use of personal protective equipment.
Should you desire further clarification, you may find it convenient to contact the OSHA Area Office in Appleton. The address and telephone number of that office follow:

Area Director U.S. Department of Labor - OSHA 2618 North Ballard Road Appleton, Wisconsin 54911

If I may be of any further assistance, please contact me.
Sincerely,
Richard P. Wilson
Deputy Director,
Federal Compliance and State Programs

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