An employer is expected to develop a policy and procedure that clearly explains the workplace requirements and the action that will be taken for failure to comply with the policy. This policy should cover PPE requirements at the workplace.

The policy must be developed in consultation with the employees through the safety committee, health and safety representative or other agreed arrangements and where relevant, the union.

If an employee continues to resist wearing or using PPE, then the employer would be expected to take stronger action such as disciplinary action or moving the employee to another area. All of this should be documented in the procedure.

If the policy is developed in consultation, then this reduces the risk of industrial action should an employee be terminated or disciplined for breaching safety rules.

The employer as well as the employee could be subject to fines or prosecution for the employee’s failure to wear or use PPE.

An employee has a duty to co-operate with his or her employer to enable compliance with the legislation in the interests of health, safety and welfare (Section 20 of the OHS Act 2000). This duty includes following the PPE requirements at the workplace.

A person (including an employee) must not intentionally or recklessly, interfere with or misuse anything provided in the interest of health and safety, which includes PPE (Section 21 of the OHS Act 2000).