OSHA’s Proposed Rulemaking: Increasing Liability for Employers

Many employers have received citations from OSHA for failing to provide personal protective equipment and training to employees. This area of liability will be expanded in the near future. Reacting to differing legal decisions from the Occupational Safety and Health Review Commission relating to its enforcement authority, OSHA has proposed formal revisions to several of its standards that relate to the provision of personal protective equipment (PPE) and training. 73 Fed. Reg. 48,335 (Aug. 18, 2008). The proposed amendments are designed to clarify OSHA’s position that an employer may be issued a separate citation for each and every employee who does not receive training or PPE where required. This clarification will undoubtedly increase the number of citations issued for training and PPE violations, exposing the employer to greater liability in monetary penalties and the potential for repeat citations.