OSHA recently finalized a rule clarifying the proper Personal Protective Equipment (PPE) fit requirements for workers in the construction sector. The final rule is known as “Personal Protective Equipment in Construction” (Federal Register Vol. 89, No. 239) and took effect January 13th, 2025. The ruling amended 29 CFR 1926.95(c) to explicitly require that employer-provided PPE must properly fit each employee. The common “one size fits all” approach is no longer an acceptable option for employers and safety purchasers in construction.

This long-anticipated rule modifies employer responsibilities and enhances worker safety by ensuring construction workers receive the same level of PPE protection that employees in general industry and maritime have long received. The rule applies to all workers in the construction sector. This includes women and individuals who require non-standard sizing such as short or tall fits and extended sizing (3XL and higher).

The ruling consists of two primary components—1. PPE for construction employees must be of a safe design for the applicable task or work performed, and 2. All PPE provided to employees must fit each worker properly.

What is the Regulation’s Significance to Construction Employers?

The previous standard only required employers to consider whether PPE met the safety specifications for the applicable task or work performed. However, under the new ruling, they must confirm the selected/purchased PPE properly fits each employee and meets the required safety specifications.

The revised regulation requires the following of employers in the construction industry:

  • Evaluate PPE for proper fit as part of hazard mitigation. Employers must acknowledge that poor-fitting PPE may not provide adequate protection and can create new or additional hazards, such as “caught-in or between” hazards.
  • Offer a range of sizes and/or adjustable options to better accommodate workers of varying heights and weights.
  • Replace poor fitting gear, even if it meets technical safety specifications.
  • The employer must reassess and provide suitable alternatives, if an employee complains that PPE does not fit properly or is unsafe due to fit.
  • Employers must assess the fit of PPE for each employee and provide equipment that properly fits to ensure compliance with the updated standard.

 

Under the updated regulation, employers may be cited or fined from a compliance standpoint. OSHA deems poor-fitting PPE as the functional equivalent of not providing PPE at all. For example, if a worker is injured while wearing poor fitting PPE, the employer may be cited as if no PPE had been provided at all.

Construction organizations should review and update their PPE policies and training programs to reflect the new requirements. For example, this may call for the addition of NIOSH-approved respirator fit-testing to existing PPE policies.

Updating Safety Policies and Training

Safety policies and training should be updated to detail which employees require PPE, when it should be worn, and how it should fit. This also includes training or information on how to don the PPE, how to properly adjust the fit for adjustable products, and how to request new PPE if it becomes damaged or is ill-fitting.

Employers may also need to adjust their procurement processes to source PPE in a variety of sizes and styles to accommodate their diverse workforce. This includes evaluating suppliers for more inclusive PPE sizing such as extended sizes, adjustable items, women’s fit PPE, or accessories to “close gaps” in body coverage. Many suppliers offer on-site PPE fittings, or the option to request samples to field test for both fit and function in a worker’s primary application / job function.

PPE Fit Considerations for Employers

Employers would be wise to consider creating a fit-testing questionnaire and/or guidance for employees that includes wear factors such as if the PPE interferes with vision, range of motion, dexterity, the ability to perform specific tasks, restricts blood flow, or if it causes rips or tears.

Tell-tale signs that PPE is not fitting properly:

  • Workers modifying PPE such as rolling up sleeves, pinning back or cutting off excessive material, or simply not wearing the PPE. These factors can indicate discomfort from a poor fitting garment.
  • Gaps between gloves and sleeves, or gaps between footwear and pant legs indicate the garment is too short to fully cover and protect the skin.
  • Excess length in the sleeves, pant legs, or the fingers of gloves indicate the garment is too large.
  • Excess fabric that hangs off the body may increase caught-in or snagged-by accidents.
  • Rip outs and tear outs, discolored skin, or lasting marks on the skin after gear is removed all indicate that PPE is too small or too tight.
  • Slips and trips may indicate that footwear is too large.
  • Continual fidgeting with equipment could indicate equipment is too large and is sliding down or falling off, or that it’s too small and causing discomfort.

How Does the Rule Affect Women in Construction?

As of early 2025, the representation of women in the U.S. construction industry has reached a record high, reflecting gradual but meaningful progress toward gender diversity in this traditionally male-dominated field.

Women now comprise approximately 14.3% of the U.S. construction workforce, up from 11.5% in 2023. This marks a significant increase from previous years. From January 2020 to January 2025, the number of women working in construction grew by 21%, compared to an 8% growth rate for men. That being said, most unisex or universal PPE is designed for male body proportions. This means women are primarily wearing poor-fitting garments with excessive material that increases the risk of injury.

In particular, the shoulders, waist, and legs are too big, which increases the risk of getting caught in or snagged by machinery. This also increases the occurrence of women modifying the PPE to better fit their body, which in turn increases safety hazards. For example, rolling up sleeves or pant legs exposes the skin to hazards, while pinning back (safety pin) excessive fabric creates holes where contaminants can enter and increases the likelihood of creating larger holes/tears with movement.

Benefits to Workers

The updated regulation empowers workers to request properly fitting PPE, allowing them to be heard and feel seen. This has three substantial impacts:

  • Properly fitting PPE is more comfortable, which can lead to higher compliance rates among workers in wearing the necessary protective gear.
  • Properly fitting PPE offers more effective protection, while poor-fitting garments can compromise safety and increase the risk of injury.
  • More variety (and more safety options) for workers: The ability to accommodate women and non-standard body types (taller, shorter, extended sizing) is critical not only for safety but also feeling comfortable in the workplace. Not to mention, everyoneis subject to weight gain and weight loss, both of which impact sizing needs and requirements.

Key Points of the Final Rule

  1. Explicit Requirement for Proper Fit: The rule amends 29 CFR 1926.95(c) to state that PPE used in construction must "properly fit" each employee. Previously, it stated that PPE “shall be provided, used, and maintained in a sanitary and reliable condition.” This change clarifies OSHA's intent that PPE must be appropriately sized and fitted to the individual worker to provide effective protection.
  2. Alignment with Other Industries: This revision brings the construction industry standards in line with existing OSHA PPE requirements for general industry (§1910.132) and maritime standards, which already mandate PPE to be “properly fitted” to the worker.
  3. Effective Date: The final rule became effective on January 13, 2025. Employers are expected to comply with the updated requirements by this date.
  4. Economic Impact: OSHA's Final Economic Analysis concluded that the rule is economically feasible and will not have a significant economic impact on a substantial number of small entities.

The Impact of Poorly fitting PPE can:

  • Be unsafe or cause additional injuries (e.g., loose gloves that get caught in machinery)
  • Reduce protection (e.g., gaps in respirators or improperly sealed goggles)
  • Lead to discomfort, which may reduce compliance.

It’s crucial for employers to view this rule as not merely a regulatory change. Employees who feel acknowledged, seen, and safeguarded by comfortable and appropriately fitting PPE are more inclined to adhere to safety protocols. This fosters an improved safety culture that not only enhances worker safety but also protects employers from substantial fines, accidents, or worse outcomes.