1926.95(d): Employer Pays for Protective Equipment
Construction employers must provide protective equipment, including PPE, at no cost to employees, and must pay for replacement PPE unless the worker lost it or damaged it on purpose. Employers do not have to pay for non-specialty safety-toe footwear or prescription safety eyewear that can be worn off the job, everyday clothing, or ordinary weather gear, and may let workers use adequate PPE they already own.
Key takeaways
- 1926.95(d) is part of OSHA's construction standards (29 CFR Part 1926, Subpart E).
- OSHA cited it 30 times in the last 3 years, in 30 inspections, with $40,754 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: FL (9), VA (6), TX (5).
- Related part: 1926.95(d)(1) (29 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.95(d) ("Payment for protective equipment") is one requirement inside 1926.95 Criteria for personal protective equipment, an OSHA construction standard (Part 1926, Subpart E). It includes 9 sub-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
(d) Payment for protective equipment. 30 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) 29 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. Read all of 1926.95.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1926.95(d).
At 3:15 p.m. on June 5, 2024, employees noticed that their coworker, Employee #1, appeared unwell and advised him to go to the car and cool off in the air conditioning. About 15 minutes later, the employee was found on the ground experiencing convulsions. Emergency…
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 3 |
| 2024 | 12 |
| 2025 | 12 |
| 2026 | 3 |
Top states: FL (9), VA (6), TX (5), TN (2), GA (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| G&G ENTERPRISE SERVICES LLC | APOPKA, FL | $8,067 |
| OZ COMMUNICATION LLC | DEFIANCE, OH | $4,839 |
| ENR REMODELING SOLUTIONS, INC. | WINTER GARDEN, FL | $4,610 |
| S R G ALL CONTRACTORS,INC | WINTER GARDEN, FL | $3,547 |
| J&Y HOUSE SERVICES LLC | ORLANDO, FL | $3,547 |
Free toolbox talk
A 5-minute crew talk on 1926.95(d), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.95(d).
Related parts of this rule
- 1926.95(d)(1) 29 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
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Frequently asked questions
Does my construction employer have to pay for my PPE?
Yes. PPE used to comply with the construction rules must be provided at no cost to employees, except for the items the rule lists.
Does the employer have to pay for steel-toe boots?
Not for non-specialty safety-toe footwear, as long as the employer lets you wear it off the job site.
Who pays for replacement PPE?
The employer, unless the employee lost or intentionally damaged the PPE.
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 2026-10-19
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.