University of Connecticut

Personal Protective Equipment for UCPEA Staff

TO: Deans, Directors, Department Heads
FROM: Virginia Miller, Assistant Vice Chancellor for Human Resources
DATE: June, 1999

Because of its potential impact on departmental budgets, we are reminding departments that UCPEA's collective bargaining agreement reaffirms our obligation under OSHA to provide personal protective equipment for all impacted UCPEA staff. The contract states: "The University shall provide personal, protective equipment to employees as required by OSHA regulations" (Article 38.5)

In those cases where staff themselves purchase qualifying personal protective equipment, departments should use the standard method for reimbursing employees' out-of-pocket expenses. That is, forward a CO-17XP with receipts or other proof of purchase to Accounts Payable. The employee will then receive a check for the reimbursable amount.

The pertinent section of OSHA's guidelines, provided by the Department of Environmental Health and Safety, is quoted below. Please contact Diane McKusick (860)486-0256, E-Mail - McKusick@hr.per.uconn.edu in this office with questions regarding contractual requirements.

Directive No. STD-1-66, Inspection Guidelines for 29 CFR 1910, Subject I, the Revised PPE Stds. for General Industry, dated 6/16/95. 

  1. "Employer Obligation to Pay for Personal Protective Equipment.. The personal protective standards 29 CFR 1910.132 through 1910.138 establish the employer's obligation to provide personal equipment to employees. In particular, 29 CFR 1910.132 states as follows: 'Protective equipment, including personal protective equipment for eyes, face, head and extremities, protective clothing, respiratory devices and protective shields and barriers, shall be provided, used and maintained in a sanitary and reliable condition wherever it is necessary by reasons of hazards of process or environment, chemical hazards, radiological hazards or mechanical encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.'
     

    In the 'worker-provided' clause in the general industry PPE standard, (1910-132(b), and also in the construction industry standard, (126.95(b), has raised questions as to when employers are required to pay for PPE, as well as 'provide' it.

  1. In order to accommodate those work situations where it is customary for workers to provide their own PPE without compromising employee protection, 29 CFR 1910,132(b) provides that the employer must assure the adequacy of such equipment.
     
  2. The PPE standard requires 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 personal in nature and may be used by workers off the job, the matter of who pays for the PPE may be left to labor-management negotiations.
Examples of PPE that would not normally be used away from the worksite include, but are not limited to: welding gloves, wire mesh gloves, respirators, hard hats, specialty glasses and gloves (e.g., designated for laser or ultraviolet radiation protection), specialty foot protection (such as matatarsal shoes and linemen's shoes with built in gaffs), face shields and rubber gloves, blankets, cover-ups, hot sticks and other live-line tools used by power generation workers.

Examples of PPE that is personal in nature and often used away from the worksite include non-specialty safety glasses, safety shoes, and cold-weather outerwear of the type worn by construction workers. However, shoes or outerwear 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. Failure of the employer to pay for PPE that is not peronal and not used away from the job is a violation of 29 CFR 1910.132(a) and shall be cited."