March 2024
Understanding PPE Exceptions: When and How to Accommodate Employees
Did you know there are situations where employees may need exceptions from wearing personal protective equipment (PPE) due to medical reasons or safety concerns? In these cases, you must engage in an interactive process to determine if a reasonable accommodation can be made. Let’s explore the guidelines and best practices for handling PPE exceptions and ensuring the safety of your employees.
Based on a 2023 study by the J. J. Keller Center for Market Insights, safety professionals feel training employees on most topics related to PPE usage is increasingly challenging. Getting employees to wear PPE also continues to be difficult, with over 70% of participants saying they have employee PPE compliance issues. You must figure out if compliance issues may actually be needs for accommodations or exceptions.
Free PPE or Not?
OSHA (Occupational Safety and Health Administration) has rules requiring you to give your employees protective gear, like hard hats, gloves, goggles, and safety shoes if needed to keep them safe at work. These rules are in place to prevent injuries and illnesses. However, it’s worth noting that not all these rules say that you must provide the gear for free.
Right to Use PPE
OSHA’s PPE standards do not allow you to waive their right to use PPE. However, if an employee has a medical condition that would make them eligible for protection under the Americans with Disabilities Act, you would be expected to make reasonable accommodations that do not compromise safety. OSHA also addresses the refusal to wear PPE due to religious beliefs in a specific directive. There is no indication that OSHA would accept a signed waiver from an employee who refuses to wear necessary PPE or follow other safety rules.
Medical Accommodations
When it comes to accommodating an employee who states they cannot wear personal protective equipment (PPE) due to a medical reason, you must engage in an interactive process to determine if a reasonable accommodation can be made. You should work with your employee and, if necessary, consult with medical professionals to assess the situation.
The goal is to find a solution that allows the employee to perform the job safely while considering the medical condition. However, it’s important to note that the accommodation must not pose an undue hardship on the employer or compromise the employee’s or others’ safety in the workplace. Each situation is unique, so you should consult with legal counsel or compliance experts to ensure they follow the appropriate guidelines and regulations.
Allergies to PPE
When employees are allergic to the available materials for required personal protective equipment (PPE), you should take the following steps to address the situation:
1. Assess the Allergy: Gather information about the specific allergy and its severity. This may involve consulting with medical professionals or requesting documentation from the employee’s healthcare provider.
2. Explore Alternative Options: Work with the employee to identify alternative materials or PPE types suitable for their allergy. This could involve researching and sourcing different hypoallergenic PPE products or ones made from materials the employee is not allergic to.
3. Test and Evaluate: Before implementing any alternative PPE, it’s important to conduct testing and evaluation to ensure that the new materials do not cause an allergic reaction for the employee. This may involve conducting patch tests or having the employee try out different options under controlled conditions.
4. Document Accommodation: If an alternative PPE solution is found, you should document the accommodation process, including the steps taken, the alternative PPE selected, and any agreements reached with the employee. This documentation helps demonstrate compliance with regulations and records the accommodation made.
5. Ongoing Monitoring: Regularly monitor the employee’s condition and the effectiveness of the alternative PPE. Any issues or changes should be addressed promptly to ensure the employee’s safety and well-being.
PPE is an important last line of defense against injuries. But allergies or medical conditions may require you to make exceptions or source alternate options for certain employees. When in doubt, consult an expert!
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