OSHA Regulation 1926-28 is an important one, and it is one that employers are most likely to break. It involves the clothing that your employees, vendors, or contractors elect to wear to work while completing a construction job – an area often difficult to police.
Wearing the wrong clothes can have deadly consequences for employees working at great heights, on slippery surfaces, or with sharp or super-heated materials. So, the government gets very specific about what can and can’t be worn. You can see the full regulation by visiting the OSHA website.
The regulation has several subsections, which include:
- Citations for wearing short pants by employees working with hot tar and asphalt.
- Fall protection provisions and gear for iron workers when welding or doing metalwork
- Fall Protection provision gear for employees who are putting up or taking down scaffolding
- Standards for working with Bell Industry’s “Carb-cutter” powered tool
- Types of acceptable safety footwear to be worn on construction sites, to prevent foot injuries
- Applicable standards of clothing for overhand bricklaying
It is also important to note that the required clothing or equipment can be waived if it can be proved that it is having the opposite effect.
If the clothing ends up putting the employee at risk or exposing them to hazardous materials, then the requirement can be waived.
Additionally, OSHA does not mandate whether the employer, the contractor or vendor should be the entity paying for the employee’s safety equipment, including shoes.
It indicates only the protective gear/clothing be present – not who is responsible for procuring it. If there are violations, however, the employer/contractor is liable for the fines, not the employee.