{"id":6533,"date":"2025-04-23T05:13:07","date_gmt":"2025-04-23T05:13:07","guid":{"rendered":"https:\/\/blogs.luc.edu\/compliance\/?p=6533"},"modified":"2025-04-24T05:16:45","modified_gmt":"2025-04-24T05:16:45","slug":"one-size-doesnt-fit-all-oshas-ppe-rule-for-construction-workers","status":"publish","type":"post","link":"https:\/\/blogs.luc.edu\/compliance\/?p=6533","title":{"rendered":"One Size Doesn’t Fit All: OSHA’s PPE Rule For Construction Workers"},"content":{"rendered":"

Cindy Sarpomaa-Nyarko<\/em><\/p>\n

Associate Editor\u00a0<\/em><\/p>\n

Loyola University Chicago School of Law, JD 2026<\/em><\/p>\n

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 (\u201cPPE\u201d) that fits one standard size. To ensure these construction workers have properly fitting PPE, regardless of their size, the Occupational Safety and Health Administration (\u201cOSHA\u201d) published their final rule<\/a> mandating that construction employers provide their employees with \u201cproperly fitting\u201d PPE.<\/p>\n

<\/p>\n

The dangers of improperly fitting personal protective equipment\u00a0<\/strong><\/p>\n

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<\/a>. 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 (\u201cPPE\u201d) becomes even more pertinent. PPE within the construction industry \u201cincludes hard hats, gloves, goggles, safety shoes, safety glasses, welding helmets, hearing protection, respirators, coveralls, vests, harnesses, and full body suits<\/a>.\u201d 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 \u201cone-size<\/a>\u201d standard of PPE.<\/p>\n

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<\/a> are also adversely affected by the one-size fits all standard. The Occupational Safety and Health Administration (\u201cOSHA\u201d) and other construction-interested stakeholders have emphasized that PPE that does not fit correctly may fail to protect workers from different workplace hazards<\/a>. For example,<\/a> 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<\/a> 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 (\u201cCPWR\u201d), reporting the survey results of 174 tradeswomen which found that \u201c77% had been exposed to a hazard unnecessarily because of ill-fitting PPE<\/a>\u201d. Even if it isn\u2019t the use<\/em> of the ill-fitting PPE resulting in injury, ill-fitting PPE can also encourages non-use<\/em> of the ill-fitting PPE<\/a> by construction workers which undermines safety protocols.<\/p>\n

OSHA\u2019s properly fitting PPE rule<\/strong><\/p>\n

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<\/a>. The final rule amended 29 CFR 1926.95 – Criteria for personal protective equipment<\/a>. The language of the final rule states<\/a> that<\/p>\n

[E]mployers in the construction industry must ensure PPE worn by employees properly fits. Specifically, OSHA is revising \u00a7\u20091926.95(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.<\/p>\n

During the rulemaking process, OSHA received several comments supporting and opposing the rule. Supporters<\/a> 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.<\/p>\n

Conversely, opposition<\/a> to the rule expressed concerns about the rule\u2019s ambiguous language and impractical demands on employers. They argue that the definition of what constitutes a \u201cproper fit\u201d is subjective which could lead to inconsistent rule enforcement risks. They also cautioned that the \u201cproper fit\u201d language required for other industries might not be transferable to construction. In response to the comments of opposition, OSHA clarified the definition of \u201cproperly fit\u201d<\/a> 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<\/a> which will provide further insight and clarification on how the \u201cproper fit\u201d standard will be tailored and enforced within the construction industry. Regarding the costs of implementing the rule<\/a>, 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.<\/p>\n

Employer\u2019s compliance with OSHA\u2019s PPE rule<\/strong><\/p>\n

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.<\/p>\n","protected":false},"excerpt":{"rendered":"

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 (\u201cPPE\u201d) that fits one standard size. To ensure these construction workers have properly fitting PPE, regardless of their size, the Occupational Safety and Health Administration (\u201cOSHA\u201d) published their final rule mandating that construction employers provide their employees with \u201cproperly fitting\u201d PPE.\u00a0<\/p>\n","protected":false},"author":169,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[17],"tags":[1495,2391],"class_list":["post-6533","post","type-post","status-publish","format-standard","hentry","category-employment","tag-osha","tag-ppe"],"_links":{"self":[{"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=\/wp\/v2\/posts\/6533","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=\/wp\/v2\/users\/169"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6533"}],"version-history":[{"count":2,"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=\/wp\/v2\/posts\/6533\/revisions"}],"predecessor-version":[{"id":6535,"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=\/wp\/v2\/posts\/6533\/revisions\/6535"}],"wp:attachment":[{"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6533"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6533"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6533"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}