PPE Violations Attorney

Under OSHA (29 CFR 1910.132), employers must assess workplace hazards and provide appropriate PPE at no cost, including eye/face protection, head protection, hand protection, respiratory protection, fall protection, and hearing protection. Employers must also train employees on proper PPE use, maintenance, and limitations. California Cal/OSHA has additional PPE requirements for specific industries and hazards.

Under OSHA, employers must provide most required PPE at no cost to employees. Exceptions exist for safety-toe footwear and prescription safety eyewear in limited circumstances. In California, employers cannot require employees to provide or pay for any PPE needed for the job (Lab. Code § 2802). New York similarly requires employer-provided PPE for workplace hazards.

Employers must provide PPE that properly fits each employee. Under OSHA's respiratory protection standard (29 CFR 1910.134), fit testing is required for tight-fitting respirators. If PPE does not fit, the employer must provide properly fitting alternatives. Using improperly fitting PPE can be more dangerous than not wearing PPE at all, as it creates a false sense of protection.

If the absence of required PPE creates an imminent danger of serious injury or death, you may have the right to refuse work under OSHA and California Labor Code § 6311. Document the hazard, request PPE in writing, and contact OSHA/Cal/OSHA. Your refusal is protected from retaliation under Section 11(c) of the OSH Act and California Labor Code § 6310.