The Occupational Safety and Health Administration (OSHA) has safety and health regulations in place that require certain personal protective equipment (PPE) be provided to workers in the construction industry. A recent update to those rules took effect on January 13, 2026.
Details of the new rule
Required PPE can include hard hats, gloves, goggles, safety shoes, safety glasses, welding helmets and goggles, hearing protection devices, respirators, coveralls, vests, harnesses, and full body suits. This equipment is necessary to minimize exposure to chemical, radiological, physical, electrical, mechanical, and other hazards that can cause severe workplace injuries and illnesses.
Until the January 13 rule change, OSHA’s construction industry PPE standard did not specifically state that PPE had to properly fit each employee—although similar standards for general industry and maritime did include that specific requirement. The January 13 revision clarifies that the construction industry must ensure PPE properly fits each workers’ body type. The reasoning is straightforward: ill-fitting PPE does not provide sufficient safety protection, can lead to injuries or accidents, and can discourage employees from wearing it at all if it is uncomfortable or interferes with job performance.
Compliance steps for employers
There are a variety of steps construction businesses should take to demonstrate compliance with the new rule. These include:
- Evaluate existing PPE to determine whether it meets the new rule;
- Ensure availability of PPE in various sizes and fits to account for different genders, body types, any specific needs or disabling conditions, and changes in life circumstances, such as pregnancy or weight gain/loss;
- Assess the fit of PPE—including gloves, helmets, safety harnesses, vests, boots, and respiratory protection—for each employee;
- Educate workers on proper PPE fit and the process for requesting alternatives or replacement if necessary.
Employers should also prepare and maintain accurate records of PPE fit assessments, purchases, and employee training. Proper documentation will help demonstrate compliance in the event of an OSHA audit or inspection.
Bernstein Shur’s Labor & Employment Group helps businesses of all sizes build compliant, productive workplaces through practical, real-world solutions. The group provides full-spectrum support on issues ranging from hiring and discipline to investigations, union relations, and employment litigation. Anne-Marie L. Storey is a leading Labor and Employment attorney with more than two decades of experience who advises Maine employers on all aspects of workplace law, including compliance, risk management, employee relations, investigations, and litigation. She can be reached at [email protected].