OSHA Personal Protective Equipment Requirements in Illinois

Personal protective equipment (PPE) is the last line of defense against workplace injuries, but many employers fail to provide proper PPE. If you suffered a workplace injury due to your employer failing to adhere to OSHA personal protective equipment requirements, our attorneys can help. Contact us today for a free evaluation of your case. 

What Are Employers’ Responsibilities Under PPE Rules Set by the Occupational Safety and Health Administration?

OSHA personal protective equipment standards outline an employer’s responsibility to their workers, which includes the following.

• Companies must perform the required workplace hazard assessment to identify PPE needs (1910.132(d)(1)).
• The hazard assessment must be accompanied by a written certification that identifies the workplace evaluated, the person certifying the hazard assessment, and the date of the evaluation (1910.132(d)(2)). 
• Companies will communicate selection decisions to every affected employee (1910.132(d)(1)(ii)).
• The employer must ensure that each affected employee assigned PPE uses equipment that properly fits and is appropriate for the hazards identified (1910.132(d)(2)). 
• Each affected employee’s knowledge should be tested to ensure they know how to properly don, adjust, and wear PPE (1910.132(f)). 
• If new hazard assessments render previous training obsolete, the affected employees must be retrained (1910.132(f)(3)). 
• An employer must demonstrate that every worker has the requisite understanding of how to use PPE properly, including equipment selection, proper maintenance, and the skill required to use it. If anyone demonstrates that they do not know how to use PPE, the employer will provide training to such employee on its proper care and use (1910.132(f)(3)). 
• Such equipment must be kept in a sanitary and reliable condition (1910.132(b)).
• Damaged personal protective equipment must be removed from service (1910.132(e)). 
• Protective equipment must be provided at no cost to employees 1910.132(h). 
• When employees provide their own equipment, it must be checked to ensure that it meets the personal protective equipment standard applicable to the tasks (1910.132(b)). 
• Damaged equipment must be replaced at no cost unless the employee intentionally damaged the equipment (1910.132(h)(5)).

The non-mandatory Appendix B of the OSHA standard (1910 Subpart I App B) provides further explanation on how to perform a hazard assessment and select PPE suitable for such hazards. 

What Industries Have the Most PPE Violations?

While every employer is required to ensure that any affected employee use the proper protective equipment, some industries have higher risk than others. OSHA guidelines for personal protective equipment in general industry are 

Industries with high PPE violations include the following.

• Construction, such as Gold Coast construction sites.
• Protective clothing for manufacturing, including the South Side manufacturing corridor.
• Healthcare, like the UI Health System or UChicago Medicine.
• Food processing, such as poultry processing in Peoria.
• Warehousing, including warehouses in Schaumburg and Naperville.
• Agriculture, such as farms near Springfield and Urbana.

What Are the Most Common PPE-Related Injuries?

Common PPE-related injuries include:

• Burns due to a lack of protective shields while welding (1910.252).
• Failure of tools due to inadequate maintenance or training (1910.132(f)(3)).
• Respiratory illnesses from a lack of respirators (1910.134).
• Fall accidents from lack of personal fall protective equipment (1910.140).
• Inadequate hand protection leading to amputations (1910.138).
• Foot injuries from improper footwear (1910.136).
• Head injuries from inadequate head protection (1910.135).
• Foreign object penetration into the eye from missing eye PPE (1910.133).
• Hearing loss from occupational noise exposure (1910.95).
• Electrical burns or electrocution from inadequate electrical protective gear (1910.137).
• Asphyxiation from untrained workers entering confined spaces (1910.146).
• Infectious diseases or respiratory damage from inadequate ventilation (1910.94).

When Does Personal Protective Equipment (PPE) Become a Legal Issue?

Failure to provide adequate PPE can form the result of a workers’ compensation claim if it can be proven that your illness or injury is work-related (820 ILCS 305). Workers’ compensation is a no-fault system, but it must be proven that the affected employee was injured in the course of their duties. 

The Illinois Supreme Court case McAllister v. Illinois Workers’ Compensation Commission clarified that the injury must not be a neutral risk that anyone could suffer, but rather, the individual was at heightened risk of injury due to their job duties. 

Additionally, the employer may be cited for an OSHA violation related to PPE. This would strengthen a workers’ compensation case, though an OSHA violation is not necessary to secure workers’ comp benefits.

Independent contractors and others who are not directly hired by the employer are not eligible for workers’ compensation. Instead, they can file third-party liability claims against a negligent individual or organization. This can include manufacturers, other contractors, companies, and property owners. Unlike workers’ comp, third-party liability claims require proving fault with the protective equipment or with working conditions.

If the PPE was defective, the affected employee can file a product liability claim against the manufacturer for failing to distribute safe, effective products (735 ILCS 5/2-21). Another option is to file a suit against the property owner under premises liability (740 ILCS 130/2). For example, the property owner may have failed to provide adequate protective equipment or may have not kept the gear in good repair as required by OSHA standards. 

How to Strengthen a PPE-Related Injury Case

To ensure a successful injury case, follow these steps as soon as possible.

• Seek immediate medical attention and ensure that your medical records reflect that your injury was work-related.
• Document the accident scene, including any damaged equipment.
• Gather witness statements about the accident.
• Seek employer documentation, including hazard assessments and changes to procedures that would render previous training obsolete. 
• Secure OSHA complaint filings.
• Do not speak to insurance companies without an attorney.

What Compensation Can I Receive After a PPE-Related Injury?

Workers’ compensation claims will cover medical bills, vocational rehabilitation, disability benefits, and a portion of lost wages.

If you file a third-party liability claim, you can also secure non-economic damages, including pain and suffering, disfigurement, future lost earnings, and emotional distress. 

How Long Do I Have to File a PPE Injury Claim in Illinois?

OSHA complaints must be filed within six months of the accident (1989.103). 

For a workers’ comp claim, you have three years from the date of the accident or the last payment from the employer, whichever is later (820 ILCS 305/6(d)). 

Third-party liability claims have a statute of limitations of two years (735 ILCS 5/13-202).

How IL Work Injury Lawyer Can Help

Our firm will assist you with all aspects of your case, including:

• Identifying liable parties for a third-party claim.
• Investigating OSHA violations and equipment failures.
• Accurately evaluating damages, including future medical needs.
• Consulting with safety experts about occupational hazards.
• Reviewing employer records about hazard assessments and training. 
• Negotiating with insurance companies for fair compensation.
• Representing you at Illinois Workers’ Compensation Committee (IWCC) hearings and in court if necessary.

Book a Free Consultation

Our Chicago-based law firm helps workers statewide receive the compensation they deserve after an occupational accident. We are a Super Lawyers-rated firm and a member of the Million Dollar Advocates Forum thanks to our high settlements for injured workers. You owe us nothing unless we win your case, as we work on a contingency fee basis. Contact us today for a free consultation about your claim.