Historical PPE payment policy for telecommunications workers

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

January 10, 1995

Mr. Robert W. Craig
Vice President/Safety Officer
International Brotherhood of Electrical Workers
Local 827
[Recipient address omitted]
Dear Mr. Craig:

Thank you for your letter of November 21, requesting an interpretation of the Telecommunications Standard, 29 CFR 1910.268 regarding Personal Protective Equipment (PPE). Specifically, you requested clarification on who pays for PPE, including footwear.

The employer's obligation to pay and provide for personal protective equipment under the Telecommunications Standard, 1910.268, is the same as the obligation under the Personal Protective Equipment Standard 1910.132. As noted in the memorandum of October 18, from James W. Stanley, Deputy Assistant Secretary, OSHA has interpreted its general PPE standard, as well as specific standards, to require employers to provide and to pay for personal protective equipment required by the company for the worker to do his or her job safely and in compliance with OSHA standards.

Where equipment is very personal in nature and is usable by workers off the job, the matter of payment may be left to labor-management negotiations. The memorandum provides examples of PPE that is personal in nature and often used away from the worksite, including safety shoes for employees. However, safety shoes subject to contamination by carcinogens or other toxic or hazardous substances which cannot be safely worn off-site must be paid for by the employer.

The memorandum also gives examples of PPE that is personal in nature and would not normally be used away from the worksite, including specialty foot protection such as metatarsal shoes and linemen's shoes with built in gaffs. Such PPE should be paid for by the employer.

We appreciate your interest in personal protective equipment for your members and for all workers in the telecommunication industry.

Sincerely,
Joseph A. Dear
Assistant Secretary
ENCLOSURES

[Requester letter reproduced on OSHA page; omitted here.]