Fall Protection Equipment

[tkb]

Can one of my employees provide his own fall protection harness?

Is this an OSHA violation?
Does the employer have to provide all PPE?

I am not trying to make my employees provide everything, but if they want to provide their own harness, hardhat, safety glasses or any other PPE is it legal?

I'm trying to do the right thing.

 

[bphgravity]

Re: Fall Protection Equipment

I believe OSHA only requires the employer to make the PPE available to the employee when needed. If the employee wants to provide their own, I see no issue with that. They should still receive appropriate training and the employer should be responsible for ensuring the maintenance and operation of the equipment is satisfactory.

 

[petersonra]

Re: Fall Protection Equipment

Most employees seem to prefer having their own PPE. I don't want to wear a hat someone else wore yesterday.

This would seem to only be an issue if you are hiring out of the hall and don't have permanent employees you can assign a piece of gear to for a long period of time.

As long as they have it, or you supply it if they ask, I would guess you are OK.

But, that is just a guess.

 

[tkb]

Re: Fall Protection Equipment

Let's say that the employee supplied his own fall protection harness and he fell and the lanyard failed.

Would the employer be at fault for not providing for the safety of their employees?

So shouldn't the employer inspect all safety equipment regularly, including any equipment that is supplied by an employee.

Would inspection of employee supplied equipment put the employer at the same liability as if he provided it?

 

[petersonra]

Re: Fall Protection Equipment

I think the issue is somewhat of a moot point. In general, the employer is liable under the workmens compensation system for any injury incurred during the course of employement.

The issue of defective equipment does not even come into it, although OSHA might get upset about it. I would suspect that if the employer required the same standards for employee supplied equipment as for employer supplied equipment (inspections, etc), OSHA would not care much. Think about it - most construction workers have personally owned safety shoes, hard hats, safety glasses, etc. It does not seem to be a major issue.

generally, the employer is protected against most lawsuits since compensation is handled through WC. the safety equipment supplier is the one on the hook.

WARNING: This is not legal advaice, just MHO.

 

[rpmlube]

Re: Fall Protection Equipment

tkb. In OSHA 1910.132 addresses your question and explain it very well. In short if a employees provide their own PPE in is still up to the employer to make sure it is the right equipment and that it has been properly maintained.