OSHA has issued a proposed rule in the August 19, 2008 Federal Register clarifying the remedy for violation of requirements to provide personal protective equipment and train employees.

New language has been added to some existing respirator and training requirements clarifying that the duty to provide personal protective equipment, including respirators, and training to employees is a duty owed to each employee covered by the requirement. The employer must train each affected employee who must be informed of job hazards. The proposal affects PPE and training in general industry, maritime, and construction.

The proposed rule makes clear that failure to provide appropriate PPE or training may result in per-instance penalties in appropriate cases. The proposal primarily affects PPE and training related to health hazards including asbestos and lead.

Employers are not required to provide any new type of PPE or training, to provide PPE or training to any employee not already covered by the existing requirements, or to provide PPE or training in a different manner than that already required. The proposed amendments add no new compliance burden but simply clarify the remedy for violations of these requirements.

OSHA will accept comments on the proposal for 30 days. Comments may be submitted electronically at http://regulations.gov by September 18, 2008.