Protective equipment is essential in many lines of work if the employer is to adhere to Health and Safety legislation.

Q. Do employers have to provide PPE free of charge?

A. Yes, s.9 of the HSW Act prohibits employers from charging for PPE required to be provided under any health and safety laws. This includes PPE identified as being necessary under the PPE Regulations as a result of the risk assessments carried out under MHSWR. Employers will also have better management of, and control over, any PPE they provide and can therefore ensure that it is maintained and replaced as required. However, in the case of Associated Dairies Ltd v Hartley, an enforcement inspector was found to have acted unreasonably by serving an improvement notice requiring the employer to provide safety boots free of charge to employees working in a certain area. The employer successfully argued that the existing system of providing the boots at cost price on a weekly repayment scheme (which was in line with trade practice at the time) was adequate and reasonable in relation to the risk.

Q. What determines whether PPE is suitable?

A. PPE is considered suitable if it is:

• appropriate for, and effective against, the risks it is intended to protect against
• suitable for the environment in which it is intended to be used
• adjustable to fit the user securely and comfortably.

Consideration should also be given to the need for communication, mobility and use in confined spaces.

Q. Are any items of PPE excluded from the PPE Regulations?

A. Yes. The following items are excluded:

• uniforms, eg for food hygiene purposes
• work clothing which does not offer protection against identified risks
• sports equipment
• crash helmets required under road traffic legislation.

Q. What if an employee refuses to wear PPE which is identified as necessary and is provided by the employer?

A. There are several factors to consider. Under regulation 10 of the PPE Regulations, every employee is required to use any PPE provided, and employers must take all reasonable steps to ensure that PPE provided is used. Employees also have a duty under s.7 of the HSW Act to ensure their own health and safety at work. Refusing to wear PPE identified as necessary in order to control exposure to certain workplace risks is a breach of that duty and of the PPE Regulations. The employee could be liable for prosecution. Employers must establish the grounds on which the refusal has been made, and whether there is a sound reason why the employee will not wear the PPE by considering:

• is it uncomfortable to wear?
• does it restrict movement?
• does it create a greater risk from another hazard, compared to the one it is intended to protect against?
• has the employee been made aware of why the PPE is needed and how to use it correctly?

As a last resort employers may need to instigate disciplinary proceedings - these should be part of the organisation's health and safety policy statement and employment conditions. The bottom line is that where the PPE is necessary to protect against a significant workplace risk the employer must take all reasonable steps to ensure that employees use it - this is the criterion judges will probably base any prosecutions or civil claims on.

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