OSHA 1926.28(a): personal protective equipment
Under 29 CFR 1926.28(a), the employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions, or where Part 1926 indicates the need for that equipment.
Match the PPE record to the task and the specific standard
What is the actual exposure?
Describe the task and the hazard before naming the PPE. A worker without a particular item in a photograph is not, by itself, a complete assessment.
Which provision covers the equipment?
Use 1926.28 for the employer’s duty to require appropriate PPE, 1926.95 for condition, design and fit, and the applicable equipment-specific provision.
Was it provided, worn and suitable?
Record what was observed and verify selection, fit and condition with the responsible person. Availability alone does not establish use.
These checks explain the federal provisions quoted below. Review state-plan differences for the project’s jurisdiction.
Official text
(a) The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards to the employees.Read the full section on eCFR
(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.Read the full section on eCFR
(c) Design and selection. Employers must ensure that all personal protective equipment: (1) Is of safe design and construction for the work to be performed; and (2) Is selected to ensure that it properly fits each affected employee.Read the full section on eCFR
What it requires, in plain English
- The employer must require appropriate PPE wherever workers are exposed to hazardous conditions, not just provide it.
- Protective equipment for eyes, face, head and extremities, protective clothing, respirators and shields must be provided, used and kept in a sanitary and reliable condition where hazards require it.
- PPE must be of safe design and construction for the work and selected to properly fit each affected employee.
Where it shows up on site
- Workers handling sheet metal or rebar without gloves
- Chainsaw or demolition work without leg or face protection
- Torn, cracked or ill-fitting PPE still in use
Verify on site before you call it
A photo rarely shows every fact a standard depends on. Confirm these in person before treating the condition as a violation:
- What hazardous condition is the worker exposed to, and which PPE does the task call for?
- Does a more specific Subpart E or task standard cover this equipment, such as 1926.100, 1926.101 or 1926.102?
- Has the employer required the PPE and enforced it, or only made it available?
- Is the equipment in sanitary and reliable condition, and does it fit the worker?
Typical corrective actions
- Assess the task and list the PPE it requires for each exposed worker.
- Provide properly fitting PPE in good condition and replace damaged items.
- Make wearing the required PPE a condition of starting the task and check it during the shift.
- Record the PPE requirements in the pre-task plan and review them with the crew.
A worked corrective action notice
Illustrative wording for a fictional site. Adapt it to verified conditions; it is not a completed inspection or an OSHA citation.
- Observed condition
- A worker is performing a task with a potential eye or face exposure. Suitable protection cannot be confirmed from the photograph.
- Verify before issuing
- Confirm the task, actual exposure, protection in use and the applicable eye/face provision. Avoid turning an obscured view into a claim that equipment is absent.
- Requested correction
- Have the responsible supervisor assess the exposure and ensure appropriate, properly fitting equipment is worn and maintained before the task continues.
- Recipient’s reply
- Identify the task, protection selected and correction made. Include a contextual after-photo and the checks performed; do not include unnecessary personal information.
- Closeout check
- Verify use, fit and condition during the actual task. Record the relevant specific provision alongside the general employer-duty reference.
Use the free fillable notice and reply template to record the condition, responsible company and due date. See a complete notice-to-closeout example or how a subcontractor replies.
Common questions
Is it enough for the employer to make PPE available?
No. 1926.28(a) makes the employer responsible for requiring the wearing of appropriate PPE where workers are exposed to hazardous conditions. 1926.95(a) adds that protective equipment must be provided, used and maintained in a sanitary and reliable condition.
Does PPE have to fit the worker?
Yes. Under 1926.95(c), employers must ensure all PPE is of safe design and construction for the work and is selected to properly fit each affected employee.
Related standards
This guide summarizes federal OSHA construction standards for general information. It is not legal advice. States with their own OSHA-approved plans may set different or additional requirements; see federal and state coverage.