The proposed OSHA rule on PPE Fit in Construction has reached its final stage of review at the Office of Management and Budget (OMB), signaling that a final rule could be published soon. At this phase, OMB and OSHA attorneys conduct a detailed review, often focusing on the economic impact of the rule. Stakeholders advocating for or against the rule see this stage as their last opportunity to influence the outcome.
Currently, General Industry regulations require PPE to fit the affected worker (1910.132). However, the Construction regulations do not have the same requirement for PPE.
At a Nov. 21 meeting with safety professionals, an OSHA official confirmed that discussions with OMB are ongoing. The dialogue reflects OSHA and OMB are considering comments submitted to the docket, including challenges manufacturers and distributors face in predicting market demand for specific product sizes and managing inventory costs.
ISEA’s Position and Recommendations
ISEA’s Advocacy Committee recommended a balanced approach to this issue. In our formal comments to OSHA, we emphasized the following key points:
- Many manufacturers already offer a diverse range of PPE sizes, and much of it is adjustable.
- For the rule to be effective, OSHA must enforce compliance, engage distributors, and invest in educating end-users about proper PPE fit.
In essence, we underscored that collaboration across the supply chain is essential.
Congressional Action Unlikely
While some have speculated that Congress might intervene, it appears unlikely. Staff members of the Senate HELP Committee, who are aware of the rule’s progress, have not reported significant opposition. They are, however, reviewing stakeholder comments.
What the Proposed Rule Would Require
The new regulation would hold construction industry employers responsible for ensuring that all PPE fits their workers properly. OSHA defines “proper fit” as providing adequate protection without introducing additional hazards due to improper sizing. Importantly, OSHA is not concerned with the cosmetic appearance or an “exact fit,” but with functional and hazard-specific suitability.
Next Steps
As this rule moves closer to finalization, ISEA will continue to monitor developments. When it is published, ISEA plans to work with OSHA leaders to make certain workers have the PPE they need to do their jobs safely.
