Cal-OSHA found Home Depot’s safety policies and prohibition on open-toed or open-heeled shoes did not adequately protect employees. Result was an $11,250 citation, not including the cost of the injury and indirect costs of updating their safety program, appeal, legal fees, investigation time, etc.

What does your shoe policy contain?

Establishing a Personal Protective Equipment (PPE) program at your worksite can be challenging. In this article we’ll first discuss the requirements of the PPE Standard and then narrow our focus on one aspect of your PPE program, deciding on the appropriate foot protection (shoe policy) for the job.

PPE Hazard Assessment

First, it is important to understand the OSHA requirements regarding PPE. Click here for information on CCR Title 8 Section 3380 (PPE standard).

To comply with this Standard, Cal-OSHA first requires employers to “assess the workplace to determine if hazards are present, which necessitate the use of Personal Protective Equipment (PPE)”. This can be an excellent exercise for a Safety Committee. Once completed, this can then serve as a new hire and refresher training tool.

If hazards are present at your worksite, employers shall:

• Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment;

• Communicate selection decisions to each affected employee; and,

• Select PPE that properly fits each affected employee.

Note: Although you have identified that there are exposures that require a certain level of PPE, is that PPE mandatory or voluntary?

If it is mandatory PPE, it is the employer’s responsibility to provide that PPE at no cost to the employee.

Now, this can be costly to an employer as replacing PPE that is lost, stolen or not maintained properly can become an expensive requirement. Furthermore, if there is a frequency of turnover in a position that requires mandatory PPE, especially in the first week to 30 days, providing PPE can be a costly expense.

Now let’s discuss the specifics around developing a foot protection policy that is reflective of an employer’s needs. For information on CCR Title 8 Section 3385 (Foot Protection Standard), visit:

Home Depot Citation

Recently, Home Depot was cited by Cal-OSHA for several violations, including California’s Code of Regulations, title 8, section 3385, subdivision (a), which requires appropriate foot protection for employees exposed to foot injuries (the $11,250 footwear citation) and section 3650, subdivision (t)(9), which sets standards for the safe operation of industrial trucks and requires employers to make sure their employees comply (the $1,125 truck-operation citation).

In summary, Cal-OSHA found Home Depot’s safety policies and prohibition on open-toed or open-heeled shoes did not adequately protect employees. Home Depot filed a petition for writ of mandate, asking the trial court to relieve them of the footwear citation on the ground the findings weren’t supported. This was declined and the citations upheld.

For the full report, click here: Home Depot U.S.A., Inc. v. Cal. Occupational Safety & Health Appeals  

Establishing a Shoe Program

Let’s assume that you, the employer, have completed your Hazard Assessment and determined that a sturdy work boot is mandatory for specific positions. Here are a few tips that can help you comply with the Standard, while also placing some onus on the affected employees.

INSITE Users, Log in and use keyword search “PPE” for a complete PPE program.

1. When interviewing and prior to hiring an employee, consider requiring that an appropriate work boot is a condition of employment.

2. Annually provide a ~$50-$100 stipend for work boots to affected employees.

   • In your policy, indicate that if lost, stolen or not properly maintained it is the employee’s responsibility to replace the boots. Recall that they are a condition of employment.

3. Establish an account with Shoes For Crews or Red Wing Shoes, and select three shoes that are appropriate for the position. Consider a minimum work boot (which your annual stipend will cover), a medium and high value boot. Employees can then select the option they want.

4. If an employee wants the high value boot, consider offering them a payroll deduction option. If they opt in, they can have the difference of your stipend and the cost of the high value boot deducted from their paycheck over the next 4 pay cycles.

Once you have established the program, provide training to affected employees and then enforce the policy consistently. Maintain signed documentation for confirmation of compliance (Cal-OSHA’s IIPP, Element #8 – Recordkeeping).

Note: Standardization of safety policies (e.g. work boots are mandatory for certain positions (not tasks), will help manage your safety program consistently.

PPE Policy and Shoe Program for INSITE Users

We have provided the following tools for complying with this Standard. INSITE users can log in and use keyword search “PPE” in the main search bar. These programs are found in the Compliance Library under the folder: Cal-OSHA Compliance à Personal Protective Equipment

1. PPE Hazard Assessment 

   • Once completed, use as a safety training or for onboarding new employees

2. PPE Policy 

3. PPE Shoe Policy 

4. PPE Shoe Policy Payroll Deduction Order 

5. PPE Safety Training Tip