Safety Tidbit 2.38 – Devil
is in the Details
I advised a client recently that their welders and grinders
needed to be in half-face air-purifying respirators (APRs) while they install
engineering controls or otherwise work to reduce exposures. The client emailed
me that a worker shaved their beard for the fit-testing but advised management
that, due to religious reasons, they would not be shaving their beard in the
future. The client was curious if they could make the worker shave their beard.
As all of you are aware, OSHA’s respirator standard is
succinct about facial hair [1910.134(g)(1)(i)(A)] or anything else such as
prescription glasses [1910.134(g)(1)(iii)]) that may compromise the
respirator-face seal or respirator valve function. So, what is the employer to
do when the worker says they are not going to shave their beard due to
religious reasons? Well, it becomes a management issue. You see, OSHA still
wants the employer to provide protection from the contaminant but they also
recognize the freedom of expression of religion. However, the fine print is
this, the worker can wear a loose-fitting, hood-style, powered air-purifying
respirator (PAPR) which does not require fit-testing. Problem solved - right? Well
not quite, who is going to pay for the PAPR which is $800-$1000 as opposed to
the half-face APR which is about $10. Also, the half-face APR will adequately
protect the worker from the contaminant.
We all know that “Protective
equipment, including personal protective equipment for eyes, face, head, and
extremities, protective clothing, respiratory devices, and protective shields
and barriers, shall be provided, used, and maintained in a sanitary and
reliable condition wherever it is necessary because of hazards…[1910.132(a)].”
Additionally, where employees provide their own protective equipment, the
employer shall be responsible to assure its adequacy, including proper
maintenance, and sanitation of such equipment [1910.132(b)]. Furthermore,
OSHA’s Personal Protective Equipment standard [1910.132(h)(1)] says “…the protective equipment, including personal protective
equipment (PPE), used to comply with this part, shall be provided by the
employer at no cost to employees.” So… what do you think? Employer or Worker??
Answer
– Worker. In 1910.132(h)(6), OSHA states: “Where an employee provides adequate
protective equipment he or she owns pursuant to paragraph (b) of this section,
the employer may allow the employee to use it and is not required to reimburse
the employee for that equipment.”
So,
as you can see the devil is in the details as to how to proceed. Everyone gets
what they want but some clarification was needed for who was to responsible to
pay. However, remember, the privately-owned respirator is still part of the
employer’s respiratory protection program and the responsibility of the
employer to ensure it is used and maintained properly by the employee.
Hope this was helpful and thanks for reading my Safety
Tidbits and as always if you have a burning safety or health question please
let me know. ~ Bryan
No comments:
Post a Comment