After approximately a decade of discussing a properly fitting PPE Rule in the construction industry, OSHA’s Final Rule becomes effective January 13, 2025. The Final Rule explicitly requires that PPE is selected to ensure that it “property fits” affected employees.

In the preamble to the Final Rule, OSHA stated that public comments were overwhelmingly supportive. OSHA focused heavily on women using improperly fitting PPE as justification, relying on personal experiences to highlight that women are disproportionately provided PPE that may not be effective because of improper fitting issues.

Most of the opposition to the Final Rule focused on the ambiguity of what “properly fits” means and the uncertainty it could cause employers. OSHA’s response pointed to an existing requirement in the general industry and the relatively small number of citations over approximately a decade to demonstrate that employers are not likely to have compliance issues. Notwithstanding this fact, OSHA suggested that it would issue additional guidance for compliance purposes. It is also worth noting that the Final Rule does not have a requirement that a competent person must verify that PPE fits properly. The preamble also opines that discomfort does not necessarily mean PPE is not properly fitting.

Given the political landscape of deregulation and recent Supreme Court cases, it is likely that the Final Rule may face additional legal challenges. However, regardless of those legal challenges, prudent construction employers should consider reviewing their PPE policies and practices to ensure there is written documentation that demonstrates that PPE selection is individualized and employees affirmatively acknowledge that they have undergone a fitting process and issued PPE that fits them properly. Furthermore, employees should also be directed, in writing, to notify their supervisors if PPE becomes damaged, lost, or subsequently does not fit for whatever reason.