The Occupational Safety and Health Administration’s (OSHA) new final rule, amending 29 CFR 1926.95(c), goes into effect on January 13, 2025. The new rule requires construction employers to make personal protective equipment (PPE) available that “properly fits” their employees.

This change aligns the construction industry standard with the existing general industry standard.

Improperly sized PPE can be ineffective, and worse, can create new hazards for workers. For instance, oversized gloves or clothing can get caught in machinery, and improperly fitted PPE can cause discomfort or poor fit, discouraging workers from using it. This issue has been a long-standing safety concern, particularly among women and workers who are physically smaller or larger than average.

While the new rule is unlikely to result in significant changes or additional costs for employers (as PPE manufacturers already provide various adjustable PPE sizes) there is industry concern surrounding a general lack of clarity as to how “properly fitting” PPE will be defined and enforced by OSHA.

What if for example, after trying all available sizes of a particular PPE, an employee finds them all uncomfortable, and complains that none “properly fit?” Can the employer then be cited? This is where the uncertainty lies.

As for the upcoming transition to the Trump administration, and considering both the U.S. Senate and the U.S. Congress will be under Republican control, there is a strong case for the rule to be reversed…

In the meantime, employers should be aware of the January 13th effective date.