Thursday, January 29, 2009

Compliance duties owed to each employee

I hope the title does not sound too complicated, but as I was looking through OSHA's website, found the "What's New" page and read the following entry. I thought it was interesting and might just be an additional incentive for an employer to comply with the OSHA regulations.

29 CFR 1910.9(a)
Personal protective equipment. Standards in this part requiring the employer to provide personal protective equipment (PPE), including respirators and other types of PPE, because of hazards to employees impose a separate compliance duty with respect to each employee covered by the requirement. The employer must provide PPE to each employee required to use the PPE, and each failure to provide PPE to an employee may be considered a separate violation.
29 CFR 1910.9(b)
Training. Standards in this part requiring training on hazards and related matters, such as standards requiring that employees receive training or that the employer train employees, provide training to employees, or institute or implement a training program, impose a separate compliance duty with respect to each employee covered by the requirement. The employer must train each affected employee in the manner required by the standard, and each failure to train an employee may be considered a separate violation.

The basic summary of these two regulations is that there are two basic obligations that employers have to EACH employee. Therefore, to meet these regulatory obligations employers must evaluate each individual employee's need for PPE and safety training and then make sure each individual employee receives the needed PPE and safety training.

If an employers fails to meet an employee's need for PPE or OSHA required safety training, then that employer could be issued a violation and fine for each employee who did not receive proper PPE or proper safety training.

For more information, please feel free to comment on this blog.

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