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Every employer shall ensure that suitable personal protective equipment (PPE) is provided to his employees who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.
The use of PPE should be a last resort only after other means of protection are not able to adequately protect the Safety and or Health of the worker.
Recent changes to legislation require the free issue of PPE to a wider range of workers that includes Casual and Contract workers.
A risk assessment would usually identify the correct PPE to be worn in the workplace to carry out normal duties.
In order to provide PPE for their employees, employers must do more than simply have the equipment on the premises. The employees must have the equipment readily available, or at the very least have clear instructions on where they can obtain it.
PPE is defined in the Regulations as ‘all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects him against one or more risks to his health or safety’, e.g. safety helmets, gloves, eye protection, high visibility clothing, safety footwear and safety harnesses.
Hearing protection and respiratory protective equipment provided for most work situations are not covered by these Regulations because other regulations apply to them. However, these items need to be compatible with any other PPE provided.
By virtue of Section 9 of the Health and Safety at Work etc Act 1974, no charge can be made to the worker for the provision of PPE which is used only at work.
Section 9 of the Health and Safety at Work etc. Act 1974 states: “No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions”.
Companies often fall foul of these regulations by charging their employees for boots or overalls, or by making the employer pay for the equipment themselves, this is unacceptable and the employer must provide suitable and sufficient equipment.
With safety footwear, there is often a requirement for an individual to wear a more expensive type of shoe or boot, i.e. wide fitting or if they would prefer a more expensive make and design of footwear. The employer should make a basic contribution to the employee towards the cost of these. This would be the same as the cost of the standard business issue footwear; the employee can then pay any difference in price.
Associated Legislation
Personal Protective Equipment at Work Regulations 1992
Personal Protective Equipment at Work (Amendment) Regulations 2022