1926.95: PPE Criteria in Construction
Construction employers must provide, have used and keep in sanitary and reliable condition the protective equipment needed for process, environmental, chemical, radiological or mechanical hazards. Employers must make sure employee-owned PPE is adequate, that all PPE is safely designed and properly fits each worker, and must pay for required PPE except listed items such as non-specialty safety-toe footwear and prescription safety eyewear allowed off the job site.
Key takeaways
- 1926.95 is part of OSHA's construction standards (29 CFR Part 1926, Subpart E).
- OSHA cited it 293 times in the last 3 years, in 289 inspections, with $979,881 in current penalties.
- 11 deaths are linked to inspections that cited this rule.
- Most citations: VA (42), TX (37), FL (25).
- Most-cited part: 1926.95(a) Application (252 citations).
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In this article
What this rule covers
29 CFR 1926.95, "Criteria for personal protective equipment", is an OSHA construction standard (Part 1926, Subpart E). It has 15 numbered paragraphs. The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
Show the full text of 1926.95 (15 paragraphs)
(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. Open (a) 252 citations
(b) Employee-owned equipment. Where employees provide their own protective equipment, the employer shall be responsible to assure its adequacy, including proper maintenance, and sanitation of such equipment. 5 citations
(c) Design and selection. Employers must ensure that all personal protective equipment: 7 citations
(1) Is of safe design and construction for the work to be performed; and 3 citations
(2) Is selected to ensure that it properly fits each affected employee.
(d) Payment for protective equipment. Open (d) 29 citations
(1) Except as provided by paragraphs (d)(2) through (d)(6) of this section, the protective equipment, including personal protective equipment (PPE), used to comply with this part, shall be provided by the employer at no cost to employees. Open (d)(1) 28 citations
(2) The employer is not required to pay for non-specialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots) and non-specialty prescription safety eyewear, provided that the employer permits such items to be worn off the job-site.
(3) When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots.
(4) The employer is not required to pay for:
(i) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or
(ii) Ordinary clothing, skin creams, or other items, used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.
(5) The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.
(6) Where an employee provides adequate protective equipment he or she owns pursuant to paragraph (b) of this section, the employer may allow the employee to use it and is not required to reimburse the employee for that equipment. The employer shall not require an employee to provide or pay for his or her own PPE, unless the PPE is excepted by paragraphs (d)(2) through (d)(5) of this section. 1 citations
(7) This section shall become effective on February 13, 2008. Employers must implement the PPE payment requirements no later than May 15, 2008.
When the provisions of another OSHA standard specify whether or not the employer must pay for specific equipment, the payment provisions of that standard shall prevail.
[58 FR 35152, June 30, 1993, as amended at 72 FR 64429, Nov. 15, 2007; 89 FR 100346, Dec. 12, 2024]
Source: eCFR, text current as of 2026-10-15.
Export the list: 289 inspections cited 1926.95 in the last 3 years, with employer, location, penalty and date.
Purple Belt, $59/moInjuries linked to this rule
11 deaths are linked to inspections where OSHA cited 1926.95.
The employee was operating a rubber-tired roller and assisting with the construction of a road into the site. The employee jumped from the roller when it went off the road surface. The roller struck the employee as it rolled on its side causing multiple fatal…
Full case list with employer, penalty, filters and download is part of OSHA Data (Purple Belt).
Unlock with Purple BeltWhere and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 14 |
| 2024 | 109 |
| 2025 | 103 |
| 2026 | 67 |
Top states: VA (42), TX (37), FL (25), IN (14), PR (14)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| THOMAS BUILDERS OF VIRGINIA, INC. | LYNCHBURG, VA | $153,742 |
| MDM & SONS CONSTRUCTION, LLC | PERRYSBURG, OH | $30,420 |
| HYPOWER, LLC | FORT MYERS, FL | $16,550 |
| CANTERA CONCRETE COMPANY LLC. | OKLAHOMA CITY, OK | $16,550 |
| SCOTT ELECTRIC COMPANY | GOLIAD, TX | $16,550 |
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OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.95.
Most-cited parts of this rule
- 1926.95(a) Application 252 citations
- 1926.95(d) Payment for protective equipment 29 citations
- 1926.95(d)(1) 28 citations
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Frequently asked questions
Who pays for PPE in construction?
The employer, at no cost to employees, except for the items listed in paragraphs (d)(2) through (d)(6).
Must the employer pay for steel-toe boots?
Not for non-specialty safety-toe footwear, if the employer permits it to be worn off the job site.
What if I bring my own PPE?
The employer is responsible for assuring its adequacy, including proper maintenance and sanitation.
About this page
Sources
- 29 CFR 1926.95 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-11-06
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.