Expired PPE: Compliance Risks and Liability from Outdated Gear

Frequently Asked Questions

Can OSHA cite us for issuing expired or outdated PPE?

The post says OSHA’s general PPE requirements under 29 CFR 1910.132 require employers to provide PPE that is appropriate for the hazard and maintain it in a sanitary and reliable condition. If gear is expired, degraded, or no longer suitable, it can create compliance gaps because the program on paper may not match what workers are actually using.

What counts as expired PPE if there is no clear expiration date?

Not all PPE expires the same way. Even without a formal expiration date, gear may become unreliable because of wear, environmental exposure, storage conditions, or outdated performance criteria.

Is PPE still okay to use if it is unopened and still in the package?

Not necessarily. The post warns against assuming "still in the package means still good" because packaging can hide aging and storage conditions still matter.

What should we do if we cannot confirm whether older PPE is still reliable?

The practical standard in the post is simple: if you cannot confirm the PPE remains reliable for the hazard and task, it should not be issued. Questionable stock should be quarantined when labels are missing, dates are unreadable, or storage history is unknown.

Where should we check first for old or outdated PPE on site?

The post recommends reviewing older and emergency PPE stock, especially in remote or informal storage areas. It specifically calls out places like vending machines, gang boxes, tool cribs, supervisor desks and lockers, shutdown or emergency response caches, and remote job trailers or satellite facilities.