Employers have a general duty of care obligation under the Occupational Health and Safety Act 2000 (Section 8) to ensure the health, safety and welfare of their employees and others at their workplace.

There are also references to PPE in the OHS Regulation 2001 in relation to specific hazards or work environments. In certain circumstances, the Regulation requires particular types of PPE to be used as a means of control. For example, harnesses in elevated work platforms or specific types of PPE in asbestos removal processes.

Under the Regulation, an employer has an obligation to eliminate any reasonably foreseeable risk to the health and safety of any person at the place of work. If it is not reasonably practicable to eliminate the risk, the employer must control the risk (Clause 11) Providing PPE may help control the risk to health and safety.

Providing PPE will assist employers, in some circumstances, in satisfying their general duty of care.

Clause 15 provides information about how to control a risk through PPE. The regulation also requires that particular types of PPE be used, depending upon the work activity being undertaken. For example, harnesses in elevated work platforms of specific types of PPE in asbestos removal processes.