ASA Comments on OSHA’s Proposed Rule on PPE in Construction
ASA, along with the Construction Industry Safety Coalition (CISC), submitted comments to OSHA’s proposed rulemaking on its Personal Protective Equipment (PPE) in Construction standard. Per their letter, while CISC agrees that Personal Protective Equipment (PPE) is an essential element of an effective health and safety program, CISC members remain concerned that OSHA’s proposed revisions to the PPE standard for construction (29 CFR 1926.95(c)) will impact its members by imposing a new and wholly vague standard for PPE on the construction industry by including a requirement that PPE “properly fit.” CISC previously submitted comments to the changes imposed on July 4, 2017, which specifically addressed OSHA’s proposed revision of the PPE standard. CISC therein raised issues regarding the scope of the proposed change and the lack of adequate notice of what “properly fit” would mean in terms of compliance. While OSHA acknowledged the CISC’s comments, OSHA did not adequately consider the points previously made by the CISC. CISC appreciates the opportunity to submit additional comments and, to supplement what the Coalition has submitted previously, CISC submits these comments to seek clarification on two issues raised by the NPRM (Notice of Proposed Rulemaking), and to address specific questions posed by OSHA within the proposed rule.
CISC urges OSHA to clarify what it means by the terms “properly fit” and “additional hazards”, and that the clarification includes specificity, so that covered industries better understand their compliance obligations. In addition, the CISC urges OSHA to clarify how it will enforce this regulation and delineate objective measures regarding what constitutes “improper fit.”