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DLLR's Division of Labor and Industry

 

MOSH Standards Notice 08-3 - Maryland Occupational Safety and Health (MOSH)

 
Subject: Employer Payment for Personal Protective Equipment
 
Effective Date: July 17, 2008
 
Issuance Date: September 29, 2008
 
Cancellation: None
 
Purpose: The purpose of this action is to require employers to pay for the personal protective equipment (PPE) provided to employees, except under specific circumstances. The exception to the final rule includes:
 
  • Nonspecialty safety-toed protective footwear (including steel-toe shoes or steel-toe boots) and nonspecialty prescription safety eyewear, provided that the employer permits these items to be worn off the job site;
     
  • Shoes or boots with built-in metatarsal protection that an employee has requested to use rather than employer-provided detachable metatarsal guards;
     
  • Logging boots required by 29 CFR §1910.266(d)(1)(v);
     
  • Everyday clothing, such as long-sleeve, long pants, street shoes, and normal work boots; or
     
  • Ordinary clothing, skin creams or other items used solely for protection from the weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sun cream.
The final rule does not require employers to provide PPE where none has been required before.

(Note: As provided for in State Government Article, § 7-207(a)(3), Annotated Code of Maryland, the Commissioner of Labor and Industry, proposed to prospectively incorporate future versions of the standard.)
 
Scope: MOSH-wide
 
Contact: Chief of MOSH Compliance Services
312 Marshall Avenue, Room 602
Laurel, Maryland 20707
(410) 880-4886 x312
 
By and Under the Authority of: Roger Campbell, Assistant Commissioner
 

A.      Background

  1. On November15, 2007, OSHA published the final rule for Employer Payment for Personal Protective Equipment. On February 13, 2008, OSHA's final rule for requiring employers to pay for PPE became effective. Employers had to implement the PPE payment requirements no later than May 15, 2008.
     
  2. On June 25, 2008, the Commissioner of Labor and Industry adopted, through incorporation by reference under COMAR 09.12.31 Maryland Occupational Safety and Health Act - Incorporated by Reference of Federal Standards, amendments relating to Employer Payment for Personal Protective Equipment, 29 CFR Parts 1910 and 1926, excluding Parts 1915, 1917, and 1918, published in 72 FR 64342 - 64430 (November 15, 2007), as amended. This action which was proposed for adoption in 35:10 Md. R. 988 - 989 (May 9, 2008) has been adopted as proposed.

B.       Action

  1. MOSH compliance personnel shall enforce the amendments relating to Employer Payment for Personal Protective Equipment, 29 CFR Parts 1910 and 1926.
     
  2. MOSH Compliance and Consultation Supervisors shall ensure that training sessions are conducted on the contents of this notice.

cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing, and Regulation
Office of Administrative Hearings

 
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