I understand that there have been changes to the federal standard for the use of personal protective equipment in construction. What was the process and what are the changes for California?
The state Occupational Safety and Health Standards Board (OSHSB), in order to be as effective as federal OSHA, has revised Section 1514 of the Construction Safety Orders, Proper Fit of Personal Protective Equipment in Construction. This standard is substantially the same as the federal standard.
Labor Code Section 147.3(a) (3) exempts the OSHSB from providing a comment period when adopting a standard substantially the same as a federal standard, referred to as a Horcher process.
The Cal/OSHA Standards Board provided a comment period to identify issues related only to the following three areas:
• Any clear and compelling reasons for California to deviate from the federal standards;
• Any issues unique to California related to this proposal that should be addressed in this rulemaking and/or subsequent rulemaking; and
• Solicit comments on the proposed effective date.
The Standards Board saw no reason to deviate from the federal standards.
Revisions
Section 1514, Personal Protective Devices was revised by adding clarifying language in subsection (e). Subsection (e) now states: “Protectors shall be of such design, fit and durability as to provide adequate protection against the hazards for which they are designed. They shall be of safe design, construction, reasonably comfortable and shall not unduly encumber the employee’s movements necessary to perform their work.”
A new subsection (f) addresses the individual fitting of the personal protective equipment on the employee:
“(f) All personal protective equipment shall be selected to ensure that it properly fits each affected employee.”
The changes went into effect on August 21, 2025.
Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred members and above. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.
