UPDATED: Are Employers Required to Supply Personal Protective Equipment for Workers?

If you have been injured in a workplace accident, the workers’ compensation attorneys at Silverman, McDonald & Friedman are here to help you claim the benefits you need while you recover from your injuries. You may contact us to schedule your consultation with a Newark, Seaford, Newark, or Wilmington workers’ compensation attorney today.

In 2018, there were 2.8 million workplace injuries and illnesses for private sector employees, according to the Bureau of Labor Statistics (BLS). These numbers were relatively unchanged from 2017, though the number of illness and injuries in the retail industry increased, accounting for 14% of all injuries and illnesses that year.

The coronavirus has, of course, increased the risks for certain retail workers who have been deemed essential. Because of the way the virus spreads, many retail workers are required to wear personal protective equipment (PPE) like masks and gloves.

But are employers required to provide PPE for their employees? Absolutely yes. There are federal laws that are enforced by the Occupational Safety and Health Administration (OSHA) that require employers to provide a safe workplace that is free from known health and safety hazards for workers. Employees must be provided with the safety gear that is required in order for them to do their work safely.

Examples of PPE

Personal protective equipment is designed to protect workers from serious injuries, illnesses and exposure to workplace hazards. According to OSHA regulations, engineering controls should be put into place as the primary method of eliminating workplace hazards, and employers should provide PPE and keep it maintained in sanitary, working condition. Employees in certain industries must wear PPE at all times.

Examples of PPE include:

• Head protection like hard hats
• Foot and leg protection, such as steel-toed boots
• Eye and face protection such as goggles, welding masks, or safety glasses
• Ear protection such as earplugs
• Arm and hand protection, including gloves, welding jackets, long-sleeves
• Torso protection like coveralls
• N95 respirator masks

Employers are required to perform a workplace hazard assessment, identify the appropriate PPE required, and train employees on how to use the PPE while doing their work. Employers are also required to maintain PPE in sanitary condition, and to replace the equipment when it gets worn out. They must also periodically review and update the effectiveness of the PPE program.

Employees, for their part, must wear the PPE, attend the required training sessions, and inform their supervisor when their PPE needs to be repaired or replaced.

When an employee does suffer an injury, whether they were wearing PPE or not, they may be eligible to apply for workers’ compensation, which provides a partial lost wage disability payment, medical expenses and payments for permanent injuries. A Delaware workers’ compensation can help you navigate the sometimes challenging process of resolving any type of dispute that might arise with your claim.

Does your employer supply you and your colleagues with the protective equipment required to do your job safely? Are you aware of injuries that have not been reported? At Silverman, McDonald & Friedman, we protect our clients’ rights and help them to get the compensation that they deserve when they have been injured at work. Please call 302-888-2900 or fill out our contact form to make an appointment for a consultation with an experienced workers’ compensation lawyer in Wilmington, Newark, Newark or Seaford today. We can help.