Issue link: http://psai.uberflip.com/i/948000
WEEKLY EDITION FEB 28, 2018 CONTINUED ON PAGE 6 PPE: What to Do When the Team Says 'Nope'…continued By PSAI Executive Director Karleen Kos Are there any exceptions? Faced with workers refusing to put on their PPE, you first need to pin down their objections. Is it uncomfortable to wear, is it too heavy, does it restrict movement? In these cases, good communication, effective consultation, better training and reasonable adjustments should be all that is needed to head off the problem. But where the refusal stems from ethical or religious beliefs, it may be harder to resolve. On the one hand, the Occupational Safety and Health Administration (OSHA) has no specific exemption from citations for employers whose workers, for reasons of personal religious convictions, object to wearing certain PPE in the workplace. The relevant federal statute dealing with the accommodation of religious practices by the Federal Government is the Religious Freedom Restoration Act (RFRA). It prohibits the Federal Government from substantially burdening a person's exercise of religion unless the Government "...demonstrates that application of the burden to the person- (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest." Generally, this has meant that if PPE is required for safety, the employee has to wear it unless the safety can be achieved some other way. The US Equal Employment Opportunity Commission has held under Title VII of the Civil Rights Act of 1964 that employees cannot be discriminated against due to "sincerely held religious beliefs," and accommodation needs to be made if possible. So if safety can be achieved without the hard hat or shaving, that needs to be done. If safety cannot be accomplished without those things, then the employer should not back away from requiring the employee to wear PPE. It is important to note that employers have duties under the Occupational Safety and Health (OSH) Act from which they cannot be released by having their employees sign waivers. So you should not take the action of getting an employee to sign something saying you offered the PPE and they refused it, and are thus releasing you from obligation. Not only will this not release you from obligation, it actually creates a record of your agreement to allow the employee to do something dangerous. Make it suitable To avoid conflict, good communication from the outset is crucial. Workers need to be properly informed about the reasons for particular equipment and fully involved in choosing it to the extent possible. "Problems tend to arise when companies try to impose a regime without consultation or try to change PPE without consultation," says Samson. For example, if a firm is changing its gloves or eyewear, companies need to work closely with the supplier and with workers so everyone understands the benefits and why the change is necessary. "If workers then have a particular question or issue, they can raise it," he says. PAGE 5