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OSHA Proposed changes to 1910 & 1926

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  • OSHA Proposed changes to 1910 & 1926

    OSHA announced in the Aug. 19 Federal Register that it is accepting public comments on a
    Notice of Proposed Rulemaking on personal protective equipment (PPE) and training standards.
    The proposal clarifies that when an OSHA standard requires an employer to provide PPE or
    training to employees, the employer must do so for each employee subject to the requirement,
    and that each employee not protected may be considered a violation for penalty
    purposes. [Bob D: emphasis added] For more information on the proposal and details on
    how to submit comments, refer to the Federal Register notice.
    Comments will be accepted until Sept. 18.

    So if you have 10 employees and they should have been trained to use a
    respirator and provided a respirator and you as the employer did not
    provide this training or PPE then for each instance where you did not train
    an employee or provide the required PPE you can be cited as an individual
    violation. 10 employees = 10 violations, this could become 20 violations IF
    they consider failure to train and failure to provide proper PPE separate
    violations for each employee. Ouch!

    Here's a snip from the Federal Register text (see link above) which sums it up pretty well:

    Accordingly, OSHA has preliminarily determined to amend the
    respirator and training provisions in the standards in parts 1910
    through 1926 to: (1) Revise the language of the initial respirator
    paragraphs adopted in the 1998 respiratory protection rule to
    explicitly state that the employer must provide each employee an
    appropriate respirator and implement a respiratory protection program
    for each employee, (2) revise the language of those initial training
    paragraphs that require the employer to institute or provide a training
    program to explicitly state that the employer must train each employee,
    and (3) add a new section to the introductory subparts of each part to
    clarify that standards requiring the employer to provide PPE, including
    respirators, or to provide training to employees, impose a separate
    compliance duty to each employee covered by the requirement and that
    each employee who does not receive the required PPE or training may be
    considered a separate violation.

    The OSHA Quicktakes Newsletter is emailed free twice a month and provides useful information for employers and employees. If your company needs help in determioning if it is meeting OSHA standards, the On-site Consultation Program, which is a free and confidential service, may be useful to you.

    Visit: to register for your FREE OSHA QuickTakes newsletter.

    [OSHA's words are in BLUE, mine are black. Bob D.]
    "It's a table saw, do you know where your fingers are?" Bob D. 2006


    1/20/2017 - The Beginning of a new Error