Minimum PPE in the workplace?

[Tcadeau]

I am seeking answers as to the minimum code requirements for personal protective equipment both in the workplace and on site.
First, who establishes the minimum required PPE, a health and safety commitee, OSHA (in my province), company policy...?
Second, does a worker have the right to refuse wearing PPE so long as they completely understand the hazards and personal injury consequences?
Is worker safety insurance optional ?

 

[IFRs]

OSHA sets the minimum
I don't think a worker can refuse - they'll just sue later.
Not sure about insurance

 

[BrianPetersen]

The word "province" suggests that you are in Canada. The acronym "OSHA" suggests that you are in USA. Which is it, or is it something else. It can make a difference. The occupational health and safety rules in my province are set and enforced by the provincial government.

Also, what type of workplace is it and what type of equipment are we talking about. Different codes and standards apply to different workplaces and different types of equipment.

For example, if your workplace is an office and it's not a construction zone then ordinarily no PPE is required.

If you are operating a stamping press then the applicable CSA standard says in black and white that all persons in the area shall wear CSA approved safety glasses and there is no getting around it. If the worker isn't wearing safety glasses then the worker can be charged for failing to use PPE required in the workplace, or the supervisor can be charged for failing to ensure that workers are following prescribed procedures, or the employer can be charged for failing to have adequate measures in place to protect the workers.

If the workplace is a construction zone then certain PPE requirements are directly in the provincial legislation, and for those there is most certainly no getting around them.

 

[JLSeagull]

Fire any employee who fails to comply with the PPE requirements. Perhaps the company must do things to accommodate situations like a complete head hood to prevent cutting a beard for religious reasons in an area that gas masks are reguired. However I saw lots of clean shaven Saudi's in petrochemical plants.

 

[dpc]

In the US, the company is responsible for enforcing the PPE requirements. It is important to maintain good records for all safety training, and to document that each worker has been made aware of the particular requirements for each hazard. The company must also provide the PPE.

If the worker refuses to comply, the company must deal with it via discipline or dismissal. Refusing to comply with company safety policies is grounds for dismissal anyplace I've ever been.

If there's an accident, it's the company that will be fined, not the worker.

David Castor

http://www.cvoes.com

 

[Tcadeau]

Great feedback, thanks to all. I am in Ontario which here is the O in OSHA. The workplace is a custom metal fabrication/welding shop with large break presses, shears, band saws, drill presses etc. We are also often on a construction site.
My concern is this, one of my workers has been with the company for 20+ years and will retire in 2 years. The owner will not fire him as he has been the "backbone" of the company. I came to the company 2 years ago as lead hand/ supervisor and am trying to turn the place into a safe and efficient shop. The company and I have practiced due diligence in training, providing PPE, given verbal and written warnings for infraction and yet this guy is still, on occasion, grinding without safety glasses and the like. He is not putting anyone else in danger.
Is the company required to fire him or can the company take the attitude that if he gets hurt its his own fault.

 

[BrianPetersen]

Okay, we are in the same province. The company can NOT take the attitude that if he gets hurt, it's his own fault. It isn't that you are "required" to fire him, but if something happens, it's far more likely that the supervisor or employer would be charged than the employee.

At a certain point if the employee won't follow the rules and the employer won't react, YOU need to protect your OWN rear.

Assigning the worker in question to office duties for which PPE is not required is one possibility that avoids firing them. The fact that the worker in question might not be productive at those tasks is irrelevant from the Ministry of Labour's point of view. Their one and only concern is that people don't get hurt. Cost and productivity are irrelevant.

How well do you know your Ministry of Labour inspector and are they knowledgeable and co-operative? If you have a good one, a pro-active discussion with them may help. Be careful with this approach; some of them want to do nothing but issue orders that are impossible and/or expensive to deal with. I wouldn't do it unless you know that you have an inspector with a reasonable mind-set (and that your workplace has ALL its other documentation in order).

Doing nothing, and letting the situation continue, is asking for big trouble for everyone involved.