May employers require employees to supply their own “safety equipment” (e.g., surgical masks or respirators, latex gloves, etc)?
Category: Workplace Safety and Health Issues
Answer:
Where the employer has evaluated the work site (see the Occupational Safety and Health Administration’s (OSHA) Guidance on Preparing Workplaces for an Influenza Pandemic) and determined that personal protective equipment (PPE) is required to be worn by employees, it is the employer’s responsibility to assure that PPE is provided at that site. (See also: “Are employers required to provide employees with infection control supplies and personal protective equipment (PPE) to prevent or slow the transmission of influenza?”)
Many OSHA standards, including the bloodborne pathogens standard, currently require employers to provide PPE at no cost to their employees. For those standards that do not specify payment, OSHA has recently published a standard that will require such payment beginning on May 15, 2008.
Employers should also note that under the Americans with Disabilities Act, a qualified individual with a disability may be entitled to have certain safety equipment provided by his or her employer as a reasonable accommodation, absent an undue hardship. (See the U.S. Equal Employment Opportunity Commission’s Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act for additional information.)
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
Workplace Frequent Questions by Category:
Last Updated: 01/25/2008
