Personal protective equipment has to fit for two primary reasons, according to Jessica Bunting, director of research to practice for Silver Spring, Maryland-based CPWR — the Center for Construction Research and Training.
First, to work properly, gear needs to fit properly. A poorly fitted fall harness will not protect a worker nearly as well as a well-fitted harness, Bunting said. Second, gear that is too big or too small can end up creating secondary hazards, such as a baggy vest getting caught in machinery, she said.
Perhaps worse, if gear is too uncomfortable, workers may forgo wearing it at all, such as doffing loose gloves that impede work.
Starting Monday, OSHA will require construction employers to provide properly fitting PPE to their workers. The new standard aligns construction with a rule already in place for general industry.
“I’m glad that OSHA is acknowledging that in order for PPE to work, it has to fit,” Bunting said.
The rule, first announced in July 2023, applies to all kinds of PPE, such as hard hats, gloves, goggles, safety vests and harnesses. To comply with the rule, experts say contractors should read up on the standard, consult their lawyers and safety teams and ensure they have a wide variety of safety gear options.
A proper fit
At first glance, the rule seems pretty straightforward. Experts say it is, with a few caveats. During the open comment period, legal experts and construction employers took issue with the standard requiring gear to “properly fit,” as they found that term tough to define.
“Unfortunately, the new rule lacks specific guidance on what it means to fit properly or a definition of that term so that employers can be assured that they are in compliance,” said attorney Ashley Brightwell, partner in Atlanta-based Alston & Bird’s labor and employment group.
Phil Russell, OSHA and employment lawyer, litigator and advisor for Washington, D.C.-based firm Ogletree Deakins, said that the agency noted that the “properly fit” guidance was provided for the general industry standard, which didn’t result in problems.
So, does “proper fit” mean comfort? Most effectively safe fit? And what about universal fit items? They can carry a one-size-fits-all label, but still could be too baggy for smaller workers, such as women, who the standard seeks to protect.
“Many employers in other industries comply with the obligation to provide properly fitting PPE by providing adjustable fit PPE,” Brightwell said. “Employers should keep in mind, however, that even PPE sold as ‘universal fit’ may still not fit the entirety of the employee population.”
Experts say it’s best to focus on what the gear itself is intended for and to keep in mind those two primary reasons PPE needs to fit.
“Because OSHA is a safety agency, I think you’ve got to connect it to safety, not necessarily comfort,” Russell said.
But even with the lack of clarity, Matthew Cox, North Carolina-based partner at law firm Smith Currie Oles, says it should be obvious to any safety expert when someone’s gear fits.
“I think it’s just attention to detail, like anything else,” Cox said. “When you have those toolbox meetings on site and you look around, it’s easy to see if someone’s gear is not fitting.”
Gearing up
In Russell’s experience, most of his clients already provided the right-fitting PPE for workers. He pointed to trade shows and conferences, such as the American Society of Safety Professionals conference, where retailers offering a variety of PPE fill the expo floor.
“I don’t know if [the new standard] was necessary, but now that it’s passed I don’t think it’ll be harmful,” Russell said.
Nonetheless, experts said the addition of the rule may bring some added scrutiny to OSHA inspections or citations.
“It will be important for employers in the construction industry to ensure that a sufficient variety of sizes of PPE is provided,” Brightwell said. “By providing only larger sizes of PPE, employers could open themselves up to gender discrimination claims, particularly because the new rule is geared primarily toward women.”
Thankfully, resources abound for finding a variety of PPE options. For example, CPWR has a page listing options for various types of gear for various body types.
And when it comes to complying, Cox advised not waiting for OSHA to come to you.
“I think being proactive is the biggest key to success,” he said.
