Understanding the Landscape Understanding PPE in Manufacturing

Personal Protective Equipment in manufacturing encompasses specialized clothing and devices designed to protect workers from job-related injuries or illnesses. This equipment includes items such as helmets, gloves, eye protection, and safety footwear—each serving as a critical barrier against workplace hazards.

The Indispensable Role of PPE in Manufacturing

The manufacturing environment, known for its inherent risks, necessitates robust safety protocols with PPE at their core. Here’s why PPE is essential:

Comprehensive Protection: PPE shields workers from a variety of dangers, including physical injuries from machinery and harmful exposures to chemicals and noise.

Regulatory Adherence: Compliance with is not just about following laws—it’s about actively protecting the workforce.

Injury Prevention: Effective PPE usage significantly reduces the likelihood of workplace injuries, which companies substantial amounts in healthcare and lost workdays.

Enhanced Morale and Productivity: A safe worker is a happy and productive worker. Knowing that their safety is prioritized can boost employee morale and output.

PPE for Manufacturing Safety

Hard Hats: In manufacturing environments where there’s a risk of falling objects, are crucial for protecting your head from impacts and preventing serious injuries.

Safety Glasses: To safeguard your eyes from flying debris or hazardous chemicals, wearing is essential.

Face Shields: For enhanced protection of your face, eyes, and mouth, face shields are often used alongside safety glasses or goggles in particularly hazardous manufacturing settings.

Earplugs or Earmuffs: Manufacturing facilities can be extremely loud, making it vital to protect your hearing with to minimize noise exposure.

Protective Clothing: Depending on the nature of your work, many manufacturing facilities mandate the wearing of protective clothing such as gloves, aprons, overalls, and boots.

Breathing Masks: To prevent the inhalation of toxic chemicals, you may need anything from a simple paper mask to a more sophisticated . Regular use of masks can also help avert long-term respiratory issues.

Successful Implementation

Implementing a successful PPE program involves several key steps:

PERFORM regular Maintenance and Inspection: Continuous upkeep is necessary to ensure the protective gear remains effective.

CONDUCT thorough : Identifying potential risks is crucial in determining the necessary PPE.

ENSURE PPE must be appropriate for the hazard and correctly fitted to the individual.

PROVIDE comprehensive Training: Workers should be educated on proper PPE use, maintenance, and its limitations.

Looking Ahead

In observance of Manufacturing Day, we’re reminded of the critical role safety plays in the industry. It’s the ideal time to reevaluate your safety protocols and enhance PPE practices, ensuring that every worker benefits from the highest standards of protection. Don’t compromise on safety!

For tailored advice on PPE optimization and consultations with experienced risk management professionals, visit /services/risk-management/

The information provided in this article is for general informational purposes only and does not constitute legal advice.  We recommend consulting with an employment attorney to ensure compliance with all applicable laws and to receive legal advice tailored to your specific circumstances.

When an organization produces goods, the hope is that the products are fault-free. However, there may be instances when a product could become dangerous to the public, and it’s the company’s responsibility to inform consumers about these risks.

This responsibility is referred to as the “duty to warn.” The duty to warn doctrine is based on the idea that consumers should be able to make informed decisions about whether to use a product. If a product is dangerous, the manufacturer has a duty to warn consumers about those dangers so they can make an informed decision about product usage. 

What Is Included in Duty to Warn?

Manufacturers in particular must remember that the duty to warn includes products that are safe, designed and manufactured well, but normal function can still cause injuries. An obvious example is a chainsaw, but we also see warnings appearing on plastic bags, buckets, or other seemingly innocuous items that may present a hazard to children.

Duty to warn covers reasonably foreseeable use and misuse. Inhaling aerosol propellants, for instance, could be considered reasonably foreseeable misuse. 

The Leading product liability allegations include failure to warn, failure to instruct, and inadequate warnings. Failure to instruct means that the operations for a product were not adequate for safe use, or, ignored foreseeable misuse. Instructions should include warnings about removal of guards, or those who should not use a particular product. Children, for example, should not use power tools or different types of cooking appliances.

An inadequate warning may not be clear to the user or may not sufficiently warn the user of what the hazard is. 

Principle of Negligence

A businesses’ duty to warn is based on the legal principle of negligence, or a failure to use reasonable care that results in harm to another person.

What is considered negligence? To establish negligence, a plaintiff must prove four elements:

1. The defendant owed the plaintiff a duty of care.
2. The defendant breached that duty by failing to use reasonable care.
3. The plaintiff suffered harm as a result of the defendant’s breach.
4. The harm was caused by the defendant’s breach.

Fulfilling Duty to Warn

In the context of product liability, the duty to warn arises when a product is considered unreasonably dangerous, meaning it is more dangerous than a reasonably prudent person would expect it to be.

There are two main ways a business can fulfill its duty to warn:

1. By providing adequate warnings on the product itself.
2. By providing adequate warnings in other ways, such as through product literature or safety instructions.

These warnings must be clear, conspicuous, and adequate enough to inform consumers about the dangers associated with the product, or misuse of the product.

Warning Standards & Guidance

ANSI Z535.4-2022 is a on the design and content of safety warnings. The standard is not legally binding, but it is widely used by businesses to comply with their duty to warn. The standard is a valuable resource for businesses that want to ensure their warnings comply with their duty to warn. It covers a wide range of topics for warning labels, including purpose, type, content, format, placement, and testing.

How Standards Apply to Products Liability Lawsuits

While ANSI Z535.4-2022 is not a legal document, it is often used as evidence in product liability lawsuits. If a plaintiff is injured by a product, it may be argued that the manufacturer failed to provide adequate warnings about the dangers of the product. If the manufacturer followed ANSI Z535.4-2022 in designing and developing the warnings, this may help defend the manufacturer against the lawsuit.

Overall, ANSI Z535.4-2022 is a valuable resource for businesses wishing to comply with the duty to warn. However, it is important to note that the standard is not a guarantee of safety. The standard is only a guideline, and there may be cases where a manufacturer can comply with the standard and still be found liable for a product liability lawsuit.

Where to Start

During the design phase of a product, a manufacturer should understand the intended use, target audience or those that may use the product, and potential hazards of a product. Those in engineering, design, manufacturing, legal, and risk management should be tasked with assembling all of the relevant data on a product. 

Step two would be identifying all possible ways a product can be used/misused. Looking at similar products in the marketplace can be of assistance, plus any lawsuits or even simple complaints on existing similar products. An evaluation of these factors should be made, with warnings being made to not only comply with the standards listed above, but also from what was learned in the design phase analysis.

Finally, once a product is in the marketplace, warnings should be adjusted according to complaints on instructions, product failures, or known examples of misuse. If a new label is determined to be necessary to comply with the standards on subsequent products, then it may be necessary to send an alert out to those who have already purchased the product with the new label or instruction update, along with proper placement (if it is a label being sent). A business must prove that they did everything a responsible business could do to protect the consumer and public. 

Learn More                     

Learn more about product liability and ANSI standards:

• Product Liability and the Big Picture
• Building a Cross-Functional Products Liability Program

And stay tuned for the next article in this series: Products Liability & Social Media

About the Author

In his current role at 91şÚÁĎÍř, Eric assists with the review of manufacturing accounts, the products produced, and coordinates with underwriting teams on potential issues identified, while helping to coach risk management consultants prior to visiting prospective accounts. Eric has been a featured speaker for the National Pool Builder’s Association meeting, providing safety instruction to company ownership personnel. Additionally, he created the widely successful . Eric was named 91şÚÁĎÍř’s Loss Control Consultant of the Year in 2012, and has been nominated for this honor two other times. He has been published in Safety and Health Magazine, as well SafetyInfo.com’s online magazine. 

The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials contained in this article are for general informational purposes only. 

In nearly every industry and sector, there is potential for error and unforeseen circumstances. It is critical for businesses that are involved in the selling and distributing of products to implement and maintain a product liability program to reduce their company’s overall risk.

A product liability program is a set of policies and procedures a business puts in place to reduce the risk of product-related injuries and lawsuits. The program should be designed to identify and control hazards, train employees on safe product use, and respond to product-related incidents.

How to Create a Product Liability Program

To create a product liability program, a business should first assess its risk. This involves identifying the types of products it makes or sells, the potential hazards associated with those products, and the likelihood of those hazards causing injuries. The business should also consider the potential costs of product liability claims, including medical expenses, lost wages and legal fees.

Once the business has assessed its risk, it can develop a product liability program to address those risks. The program should include the following elements:

• Hazard identification and control: The business should identify and control any hazards associated with its products. This may involve redesigning products, adding warnings or instructions, or providing training to employees and customers.
• Employee training: The business should train its employees on safe product use. This training should cover the potential hazards associated with the products, as well as the proper procedures for using and maintaining them.
• Incident response: The business should have a plan in place to respond to product-related incidents. A plan should encompass procedures for reporting incidents, investigation, and corrective action.

Product Liability Across Functions

When building a product liability program, the business should also include multiple business functions. This should always include the following departments:

• Engineering: The engineering department should be responsible for identifying and controlling hazards associated with products.
• Manufacturing: The manufacturing department should be responsible for implementing the hazard controls identified by the engineering department. Note, this function may also encompass quality control, if assigned to the manufacturing department.
• Quality Control: The quality control department should be responsible for ensuring that products meet safety standards.
• Sales and Marketing: The sales and marketing department should be responsible for providing customers with accurate information about the risks associated with products.
• Customer Service: The customer service department should be responsible for responding to customer inquiries about product safety.

By including multiple business functions in its product liability program, a business can help to reduce the risk of product-related injuries and lawsuits.

Keys to Program Success

Once the product liability program has launched, there are important steps to take to ensure it continues to run effectively and efficiently. Consider these tips for creating and maintaining a successful product liability program:

• Ensure the program continues to be tailored to the specific risks of your business.
• Obtain input from all relevant departments when developing and reviewing the program.
• Train employees on the program and ensure that they understand their responsibilities.
• Review the program regularly and make changes as needed.
• Keep records of all product-related incidents and take steps to prevent future incidents.

By following these critical steps, businesses can help to protect themselves and their employees from the possible financial and reputational costs of product liability claims.

The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials contained in this article are for general informational purposes only. Further, this information may not constitute the most up-to-date legal or other information.

On June 4, 2021, the Infrastructure Investment and Jobs Act (H.R. 3684), was introduced in the U.S. House Committee on Transportation and Infrastructure. On November 15, 2021, the bill was passed by U.S. Congress and signed into law. The legislation includes funding for roads, transit, aviation, water, energy, schools, internet, and more, and will have an economic and market impact across industries.
Since its introduction, there has been a lot of information distributed about what is in the bill and what is not. It is helpful to understand the key information contained in the bill and what is to come from it.

Spending Within the Infrastructure Bill
The Infrastructure Investment and Jobs Act bill has $1.2 trillion in funds to be spent over a five-year period, including $550 billion in new spending and the remainder of the package in pre-approved spending. The breakdown of the allocation of money will be as follows, according to Fortune magazine:

Funds Provided by State
The White House on the bill, including how the funds will be distributed by state.
Large-population states, such as California, Texas and New York, are the largest portions of the package spending, while states with fewer residents, such as Montana and Alaska, are expected to receive the most money per capita. View the chart below for funding details by state.

Next Steps and Industry Impact
Many environmental and industry groups are to discuss the implementation and distribution of the funds. The bill is anticipated to generate jobs in industries such as construction and manufacturing as the country works to modernize its infrastructure and carry out essential projects as outlined in the bill.
In fact, the U.S. government anticipates the bill can help create an average of . This job growth will likely include roles within global supply chain, electric vehicle manufacturing, metals, nuclear power, and chemical plants.
Stayed tuned for future articles as we see how the funds are distributed and executed through the enaction of this law.

Sources:
, Fortune Magazine, July 2021

, CNBC, Aug. 2021

The White House, November 2021
, Time, Aug. 2021