Employers, not government, responsible for determining need for PPE

An important principle governing the use of personal protective equipment was reaffirmed recently in a Washington state case involving a bank guard who was stabbed and was not wearing body armor.

A compliance officer for the state Division of Occupational Safety and Health cited G4S, the company that employed the guard, for failing to require the use of necessary personal protective equipment, namely body armor. The company appealed and the matter was heard by a hearing officer for the state Board of Industrial Insurance Appeals.

Acting as an expert witness in the case, I determined that the company had done a very professional job in conducting a PPE hazard assessment. That assessment found that bullet proof vests were not required for bank guards. Among the reasons: G4S had reduced the risk of injury to bank guards by training them to avoid engaging with criminals.

I also pointed to OSHA regulations, under which the agency cannot substitute its judgment for the employer’s about the need for PPE unless the employer’s hazard assessment was not done properly.

The hearing officer in the case found the Washington state law also made it the employer’s responsibility to determine what PPE is necessary for a job and overturned the citation.