Cindy Sarpomaa-Nyarko

Associate Editor 

Loyola University Chicago School of Law, JD 2026

The construction industry employs workers of diverse shapes and sizes. Despite their diverse sizes, many construction workers have had to make do with Personal Protection Equipment (“PPE”) that fits one standard size. To ensure these construction workers have properly fitting PPE, regardless of their size, the Occupational Safety and Health Administration (“OSHA”) published their final rule mandating that construction employers provide their employees with “properly fitting” PPE.

The dangers of improperly fitting personal protective equipment 

Since 2016, the number of women employed within the construction industry has reached an all-time high, with women making up 14% of construction workers in the U.S. As the percentage of women with differing body types and sizes to their average male counterparts increases, the need to provide these workers with adequate Personal Protection Equipment (“PPE”) becomes even more pertinent. PPE within the construction industry “includes hard hats, gloves, goggles, safety shoes, safety glasses, welding helmets, hearing protection, respirators, coveralls, vests, harnesses, and full body suits.” Although the types of PPE necessary to the construction industry are well-known, the sizing and fit of this PPE has historically created different risks and dangers to construction workers who do not fit the “one-size” standard of PPE.

Unlike several other industries which include specific requirements about properly fitting PPE, the construction industry has historically been exempted from the requirement. While female construction workers are particularly affected by the one-size fits all standard, men who are particularly smaller or bigger than average are also adversely affected by the one-size fits all standard. The Occupational Safety and Health Administration (“OSHA”) and other construction-interested stakeholders have emphasized that PPE that does not fit correctly may fail to protect workers from different workplace hazards. For example, goggles that are too loose can expose eyes to debris, and oversized gloves can get caught in machinery. Many construction workers have reported incidents where smaller sized PPE gear, like gloves, harnesses, and vests, were unavailable resulting in the oversized PPE being caught in machinery, restricting mobility, or even resulting in fatal falls and injuries. These experiences are not uncommon with the Center for Construction Research and Training (“CPWR”), reporting the survey results of 174 tradeswomen which found that “77% had been exposed to a hazard unnecessarily because of ill-fitting PPE”. Even if it isn’t the use of the ill-fitting PPE resulting in injury, ill-fitting PPE can also encourages non-use of the ill-fitting PPE by construction workers which undermines safety protocols.

OSHA’s properly fitting PPE rule

In response to resolving the issue of improperly fitting PPE in the construction industry, OSHA announced a final rule on PPE fitting effective January 13, 2025. The final rule amended 29 CFR 1926.95 – Criteria for personal protective equipment. The language of the final rule states that

[E]mployers in the construction industry must ensure PPE worn by employees properly fits. Specifically, OSHA is revising § 1926.95(c) to state that employers must ensure all personal protective equipment: (1) is of safe design and construction for the work to be performed; and (2) is selected to ensure that it properly fits each affected employee.

During the rulemaking process, OSHA received several comments supporting and opposing the rule. Supporters of the rule argued that it was essential to ensure safety in the workplace. Labor organizations like the Laborers’ Health & Safety Fund of North America (LHSFNA) and North America’s Building Trades Unions (NABTU) emphasized that improperly fitting PPE can compromise its protective function. Supporters also emphasized that the revision would bring construction standards in line with those in other industries regulated by OSHA.

Conversely, opposition to the rule expressed concerns about the rule’s ambiguous language and impractical demands on employers. They argue that the definition of what constitutes a “proper fit” is subjective which could lead to inconsistent rule enforcement risks. They also cautioned that the “proper fit” language required for other industries might not be transferable to construction. In response to the comments of opposition, OSHA clarified the definition of “properly fit” means the PPE must be appropriately sized to provide adequate protection to workers without introducing new hazards due to being too large or too small. OSHA also expressed their willingness to develop tools like FAQs which will provide further insight and clarification on how the “proper fit” standard will be tailored and enforced within the construction industry. Regarding the costs of implementing the rule, OSHA assessed that the rule imposes minimal new financial burdens compared to the significant financial benefits associated with injury prevention and increased productivity resulting from the use of PPE that properly fits workers.

Employer’s compliance with OSHA’s PPE rule

Now that the rule is in effect, employers should take necessary steps to comply by assessing PPE fit across their workforce, providing training on proper use and fit, and maintaining open communication channels for reporting issues. Promptly replacing ill-fitting gear enhances safety, supports workplace inclusivity, and ensures regulatory compliance.