Personal protective equipment (PPE) isn’t cheap. Some of us can’t afford to keep buying work boots all the time.
But it’s essential for our safety in the workplace. So who is responsible for paying for work boots? Is it the employer’s responsibility to supply them? Let’s find out.
After years of debate, on May 15th, 2008, The Occupational Safety and Health Administration (OSHA), ruled that employers are required to pay for their employee’s PPE.
But that answer isn’t as simple as it seems. The ruling is subject to certain things. There are gray areas and other things to highlight.
This article should tell you all you need to know.
Who’s working on this page
Jimmy Webb
Author & Researcher
Victor Adrian
Researcher & Editor
Are work boots part of PPE?
PPE is any clothing or equipment that helps prevent injuries when working around certain hazards in the workplace.
This even includes non-clothing items like earplugs, goggles, fall-arrest harnesses, respirators, etc.
The boot protection can come in a number of forms. To name just a few, there is toe protection to:
- protect toes from falling objects or crushing
- electric-hazard resistance for people working around static electricity or live electricity ( for example electricians or linemen)
- oil-and slip resistance
- fire or heat resistance (for example firefighters, road maintenance, or roofers just to mention a few)
- and much more
So yes, work boots are considered PPE, depending on your industry and the risks involving doing your job.
Significant hazards
The standard OSHA ruling is that employers are required to supply all PPE, including work boots, when they are used to comply with OSHA standards.
This means when there are possible hazards that risk causing harm to the employee. These are classed as significant hazards. This is where specialty safety boots may be required.
In this instance, the work boots must be totally free to the employee.
Exceptions you might want to know about
But there are exceptions to this, for example…
Taking the boots home
If the employer allows the employee to take the boots home, then the employer doesn’t have to pay for them.
But if they do not permit the employee to take the boots home, then they are required to pay for them.
This is a legal requirement under federal rules (29 CFR 1910.132(h)).
Doctor’s note/Prescription boots
This is all good and well, but what if for whatever reason the employee needs to wear specially-made boots that are outside the norm?
For example, boots designed for foot conditions or disabilities. Is the employee required to provide a doctor’s note or prescription?
In this case, there could be specific regulations for each situation. For instance, some might fall under the Americans with Disabilities Act.
The general rule of thumb is that – bearing in mind that the employer’s duty is to identify workplace hazards and provide footwear that will reduce risk of injury caused by those hazards – if the prescribed specialty boot does not provide adequate risk reduction, then the employer would not be required under this particular regulation to provide those boots.
But, depending on what condition or disability the employee has, and the nature of the prescription, some situations could be reasonable enough to be accommodated by the employer.
What is boot allowance?
This is where, rather than an employer handing to the employee work boots that they’ve purchased, they pay a maximum of $200 a year to each employee (depending on the company, they might have a lower or a higher boot allowance) upon receipt of boots that those employees have purchased.
This allowance is a reimbursement for the purchased boots.
This is useful to the employee because they might not like or feel comfortable in standard issue boots provided by the employer.
This way they can choose boots that fit their taste, style, comfort, and most importantly, be best suited to the jobs they do.
To give you an example, some companies have divisions, but still, send out the same standard issue boot to all those divisions.
But a light-duty worker might need a lightweight soft-toe boot work boot without too many safety features, whereas a hard-duty worker might need heavy-duty boots, or a specialist tradesperson working with lots of hazardous elements might need all singing and dancing boots.
OSHA is ever evolving their regulations to try to make things better suited and more practical for all parties. They are now encouraging employers to consider paying for ordinary work boots (i.e. non-safety).
If it’s absolutely necessary to have them, or is a matter of practical safety, employers will sometimes introduce payment programs that cover either a portion or all of the cost of the boots.
Like with anything that is given away for free, some companies will keep these options quiet. You might only hear about them through colleagues that have been there longer.
Don’t be afraid to ask your employer about any payment plan or other PPE provisions they provide. After all, they have a duty of care to you.
What happens if the employee does supply their own boots?
If the employee supplies their own boots, whether it’s at their own expense or reimbursed by the employer, it’s the employer’s duty to make sure the chosen boots are adequate and provide enough safety for their job.
Editor Note
Quoting OSHA federal rule CFR 1910.132(b):
“Where employees provide their own protective equipment, the employer shall be responsible to assure its adequacy, including proper maintenance, and sanitation of such equipment.”
Are safety boots a legal requirement?
Federal law only requires that safety footwear is worn where there are real risks of injury.
However, you’ll find that some companies ask employees to wear safety boots at all times – even in areas that cause no risk of injury – when it’s not really possible throughout the day for employees to change in and out of their safety boots when entering or leaving PPE necessary areas.
Exemptions
Other than boots that don’t provide enough prevention from injury, employers are not required to provide non-specialty boots, safety-toe boots, logger boots, and boots with built-in metatarsal guards.
OSHA figured that these types of safety footwear are bought to fit one person and are often worn off site (this comes under the taking the boots home bracket).
But more specialized safety boots, like steel-toe rubber boots or ones with non-slip outsoles still fit under the regulated category.
Last notes
As you now see, there are some ifs, buts, and maybes when it comes to whether the employer should pay for your work boots or not.
It’s best to keep an eye on the gray areas, because they sometimes change shade, change colors completely, or even camouflage just to confuse you.
Bottom line is, your feet are your money makers, so you need to take care of them. If you’re unsure of your company’s policy, just ask. You might as well try to get freebies.
My old man has a few sayings. One is, “If you don’t ask, you don’t get.” So I’ve been brought up pushing my luck asking for anything. I have more front than Blackpool beach. (Sorry, a British saying)
Another saying he uses is, “If someone offers you something for cheap, take it. If they offer you something free, take two,” Suffice to say, he has a garden absolutely rammed full of junk that he’ll never use. But you get my point.
We hope this has cleared a few things up for you. If not… Well, pay more attention. You should be ashamed of yourself.
Seriously, if you have any questions, drop us a line, hook up with the main man Adrian. He loves to chat. He’ll talk the hind leg off a donkey. (Sorry. Another British saying).
Team Members Working On This Page
Jimmy Webb – Writer And Researcher
Hey, Jimmy here. I’m one of the researchers and writers here at BestForMyFeet.com. I’ve been wearing work boots all my life working as a forklift driver, landscaper, groundworker, and now as a tower crane operator so I know a few things about footwear and footcare in general. I’m also working on my first novel. So writing IS my passion. When I’m not writing I love to spend time with my wife, two children, and furball.
Victor Adrian – Editor And Webmaster
Construction Professional, driver, crane operator, cleaner, head chef … these are just some of the jobs I did in the past. Working in all these different environments taught me that having good footwear to protect your feet from different dangers at work IS PARAMOUNT for any worker! On this website, I aim to share all my knowledge and personal experience in dealing with different footwear and foot care issues, and hopefully, you can get something out of it. Enjoy!
source https://bestformyfeet.com/does-an-employer-have-to-provide-work-boots/
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