Employers have the legal duty to ensure that they provide a safe working environment for their employees. One component of this responsibility is to provide workers with proper personal protective equipment (PPE), equipment that workers wear to minimize exposures to hazards that can cause serious injuries and illnesses in the workplace.[1] Workers who are exposed to chemical. Electrical, mechanical, radiological or other hazards on the job rely on this equipment and other safety protocol to protect them. When workers are not afforded this protective equipment, they may be injured or even killed while simply performing their routine work activities. These individuals may have questions about their rights and their legal options.
Statistics on Personal Protective Equipment Failure
Each year, approximately 700,000 lost work days could be avoided simply with the proper use of PPE.[2]
One of the most significant forms of PPE failure is employers not providing workers with proper PPE or not requiring them to wear it. Every year, there are roughly 20,000 work-related eye injuries.[3] According to the Bureau of Labor Statistics, nearly three out of five of these injuries involved workers who were not wearing PPE like safety glasses.[4] The American Academy of Ophthalmology reports that more than 90% of eye injuries can be prevented simply by wearing PPE.[5] In addition to not wearing safety glasses or other PPE, another common cause of eye injuries was wearing the wrong kind of glasses.[6] Additionally, 100% of one survey’s respondents reported their safety glasses would frequently fog up, which would inhibit visibility and make them less likely to use them.[7]
Hearing loss is also another significant concern in the workplace. The Centers for Disease Control and Prevention reports that more than 22 million of workers in the United States are exposed to hazardous workplace noise and one third of workers in the manufacturing industry reported exposure to loud noise.[8] Although occupational hearing loss is 100% preventable, one quarter of workers in the manufacturing industry reported not using hearing PPE.[9]
Employers and employees are also non-compliant when it comes to the use of gloves and head protection.[10] The Bureau of Labor Statistics reported that there were more than 143,000 hand injuries in 2015.[11] According to Industrial Safety & Hygiene News, 30 percent of all workplace injuries are cuts and lacerations, 12 percent of these are to the hands, and the easiest way to prevent these injuries is to wear gloves or other PPE.[12]
Noncompliance with PPE is a problem across many industries, with workers reporting various reasons why they don’t use PPE even if their employer supplies it. According to one survey, 40% of respondents indicated that they did not wear their PPE because it was “uncomfortable.”[13] Other reasons for this noncompliance included that the PPE was too hot, not near enough the working environment or was poorly fitting.
Workers’ Right to a Safe Workplace
According to the Occupational Safety and Health Administration, workers have the right to working conditions that do not pose a risk of serious harm to them. Receive information and training regarding workplace hazards, ways to prevent them, and the OSHA standards that apply to their industry and particular workplace, and the right to exercise these rights without retaliation.[14] Typically, PPE is considered the last line of defense. Employers are required to try to minimize worker contact to hazards in the workplace through more effective protocol, such as isolating them from chemical exposure or using a less toxic alternative.
List of Common PPE
There are many common forms of personal protective equipment. This equipment usually falls under one of these categories:
- Head protection – This category of protective equipment is designed to prevent traumatic head injuries. It includes helmets, hard hats and protection shells.
- Eye protection – This category includes protective equipment designed to protect the eyes, including safety glasses, goggles, face shields, welding helmets and full hoods.
- Ear protection – Ear plugs and ear muffs fall under this category.
- Hand protection – This category usually includes gloves. Gloves may be various types that are based on the type of protection the wearer needs. For example, healthcare professionals will need gloves that protect them from bloodborne pathogens while manufacturing workers may need gloves that protect them from chemicals or heat. Typically, PPE gloves are made of cotton-knitted, vinyl, leather or neoprene.
- Foot protection – This category of PPE protects workers’ feet and includes boots, shoes, heel shields, ankle shields and foot guards. This protection may include steel=toed shoes to prevent workers from being injured by falling objects, boots to stop an electrical current, or rubber boots to prevent water from penetrating the workers’ skin, as a few examples.
- Body protection – This type of PPE includes full body suits, coveralls and vests and is designed to protect the worker’s entire body.
- Respiratory protection – This type of PPE protects workers from breathing in harmful chemicals and substances, such as asbestos fibers or silica. It includes respirators and breathing apparatuses.
The Occupational Safety and Health Administration does not mandate specific PPE. Instead, employers have a responsibility to assess their workplace for potential hazards and provide employees with proper PPE that minimizes their risk of harm. Employers are responsible for selecting appropriate PPE and training workers on their use.
Common Examples of PPE Failure and How to Avoid Them
There are many ways that PPE failure can occur. Some of the most common problems with PPE and how employers can avoid them are listed below.
Inadequate Employer Assessment
As explained above, OSHA does not mandate the use of particular PPE. Instead, the employer is responsible for assessing the workplace and determining possible hazards. Common hazards may include possible skin exposure to chemicals in the workplace, fire hazards, fall hazards or head trauma from falling objects, to name a few. The employer is also responsible for determining which PPE will help prevent these foreseeable injuries. If the employer fails to properly assess hazards, employees may be injured or not afforded the proper PPE.
Employers can reduce the number of employee accidents by thoroughly assessing the workplace for potential hazards and working with safety experts.
Poorly Fitted PPE
Another common PPE failure is when it does not fit correctly. PPE must be fit properly to work properly. Eye, size, bridge size, and temple length can vary, so safety glasses should be assigned and fitted to each worker so that it fits properly. Often a one-size-fits-all is not adequate for proper PPE. It is critical to wear properly-fitted PPE when potentially exposed to heat, respiratory irritants and chemicals. It is also important to ensure respirators are properly fitted so that workers are not inadvertently exposed to irritants or dangerous substances.
Improper PPE Usage
PPE must be used based on the hazard the employee is trying to avoid. For example, staff working with electrical wires will require safety boots that are metal-free and non-conductive to avoid electrocution hazards. Additionally, PPE should be sanitized on a daily basis, and worn and damaged PPE should be replaced.
Insufficient Worker Training
It is not enough for employers to simply provide their workers with PPE. They must ensure that their employees have a throughout understanding of it in order to properly use it and protect themselves. Employer training of PPE should include:
- Limitations of PPE – PPE cannot be used as a substitute of more effective control methods. Workers should understand what the PPE can – and cannot – do.
- When to use PPE – Employers should provide training that explains when workers should use particular forms of PPE and make the PPE available to them.
- How to inspect PPE – Workers should know how to inspect PPE to ensure that it is in good working condition, such as looking for frays in certain PPE or locations of the body that are exposed that the PPE should cover.
- How to put on PPE and adjust it – Workers should be shown how to put on PPE. They should also know how to make it looser or tighter and be taught the optimal settings for the PPE to be most effective.
- How to remove, maintain and store PPE in a safe manner – Workers should know how to take off the PPE and how to care for it on a regular basis. Employers should also explain how the PPE must be stored in order to increase its useful life and prevent unnecessary damage to it.
- How to identify and replace damaged and worn PPE – Workers should be informed of the expected useful life of each form of PPE they will be using. Workers should also know where they should dispose of PPE that is contaminated by hazardous substances.
An effective way to ensure that employees are properly trained on PPE is to implement a PPE program that addresses the hazards that are common in the workplace, the maintenance and use of PPE, employee training and monitoring of the program.
Product Defect
In some situations, PPE failure is caused in some defect in the design, manufacture or warnings of the product. This can make the PPE dangerous to use. The very item that workers rely upon to protect them may actually injure them. Defective products should be eliminated from the workplace.
What to Do if You Were Injured While Wearing PPE
If you have observed hazards in your workplace, you may wish to report the issue to OSHA, which can conduct an investigation. If you sustained an injury due to PPE failure, you may wish to discuss your rights with an experienced personal injury attorney. A personal injury attorney can review your claim and determine your legal options, such as filing a claim for payment under your state’s workers’ compensation claim or filing a third-party claim against a defective product manufacturer.
[1] https://www.osha.gov/SLTC/personalprotectiveequipment/
[2] https://strictly-business.com/columns/got-it-covered/five-common-personal-protective-equipment-ppe-mistakes/
[3] https://www.bls.gov/opub/mlr/cwc/workplace-injuries-involving-the-eyes-2008.pdf
[4] https://www.ehstoday.com/ppe/hand-protection/workers-risking-injury-safety-equipment-6332
[5] https://www.aao.org/eye-health/tips-prevention/injuries-work
[6] https://www.thevisioncouncil.org/sites/default/files/VCASSESafetyReportv4.pdf
[7] https://www.thevisioncouncil.org/sites/default/files/VCASSESafetyReportv4.pdf
[8] https://blogs.cdc.gov/niosh-science-blog/2009/11/24/hearing/
[9] https://blogs.cdc.gov/niosh-science-blog/2009/11/24/hearing/
[10] https://www.ehstoday.com/ppe/hand-protection/workers-risking-injury-safety-equipment-6332
[11] https://www.bls.gov/news.release/osh2.t04.htm
[12] https://www.ishn.com/articles/107351-keep-facts-handy-5-simple-statistics-to-motivate-hand-protection
[13] https://www.ehstoday.com/ppe/hand-protection/workers-risking-injury-safety-equipment-6332
[14] https://www.osha.gov/SLTC/personalprotectiveequipment/
