May employers require employees to supply their own “safety equipment” (e.g., surgical masks or respirators, latex gloves, etc)?

Where the employer has evaluated the work and determined that personal protective equipment (PPE) is required to be worn by employees, it is the employer’s responsibility to assure that PPE is provided at that site.    

Many OSHA standards, including the bloodborne pathogens standard, currently require employers to provide PPE at no cost to their employees.  For those standards that do not specify payment, OSHA's Employer Payment for PPE, Final Rule (published November 15, 2007) requires, with very limited exceptions, payment for PPE.

Employers should also note that under the Americans with Disabilities Act, a qualified individual with a disability may be entitled to have certain safety equipment provided by his or her employer as a reasonable accommodation, absent an undue hardship.  (See the U.S. Equal Employment Opportunity Commission’s Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act for additional information.)

Last Reviewed: 08/29/2011

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