Or. Admin. R. 437-004-1005

Current through Register Vol. 63, No. 6, June 1, 2024

Section 437-004-1005 - General Requirements for Protective Equipment

(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.

Or. Admin. R. 437-004-1005

OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98; OSHA 5-2008, f. 5-1-08, cert. ef. 5-15-08; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13

Tables referenced are not included in rule text. Click here for PDF copy of table(s).

Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001 - 654.295