Can I expect an employee to pay for the replacement of personal protective equipment (PPE) if they lose it?- Top
No.
Section 22 of the Occupational Health and Safety Act 2000 states that it is an offence to charge an employee or permit a charge to be imposed for any safety equipment.
How do I determine whether or not to use personal protective equipment (PPE) in the workplace?- Top
Initially the employer must determine if there is a hazard and assess the risk associated with the hazard. An employer must then eliminate any reasonably foreseeable risk to the health and safety of any person at work.
If it is not possible to eliminate the risk, an employer must control the risk. PPE may assist in reducing the risk of harm. See the FAQ relating to hierarchy of control.
Example:
An employer must ensure the health, safety and welfare of all the employees, which includes ensuring the working environment is safe (Section 8 OHS Act).
To determine if employees working on a building site need to wear hard hats or safety shoes the general duty of care principles should be applied. As it was not possible to eliminate the risk, the risk is controlled through using PPE such as appropriate head and footwear.
If there is a risk to the employee of injury from objects falling on their head or feet then it is reasonable and in fact expected that the area be designated a hard hat and safety shoe area.
What happens if an employee refuses to wear personal protective equipment (PPE)?- Top
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).
What is personal protective equipment (PPE) and what are some of the types?- Top
If it is not reasonably practicable to eliminate a foreseeable risk to the health and safety to anyone at the place of work, an employer must eliminate the risk. If it is not reasonably practicable to do so, an employer must control the risk. Controlling the risk may involve the use of personal protective equipment (PPE) by workers, in order to reduce their exposure to hazards.
See FAQ's on Hierarchy of controls.
PPE (Personal Protective Equipment) refers to the equipment worn by workers to reduce their exposure to hazards.
PPE includes such items as:
- eye protection (goggles, glasses)
- hearing protection (ear plugs, ear muffs)
- respiratory protection (respirators, face masks, cartridge filters)
- foot protection (safety boots)
- head protection (hard hats)
- body protection (aprons, safety harnesses).
Note: PPE includes any substance used to protect health, for example, sun screen.
See Clause 15 of the OHS Regulation 2001which provides information about the provision of the PPE.
What is the employer's obligation if the PPE does not comfortably fit all workers who have to wear it?- Top
It is the employer's responsibility to ensure that any PPE is appropriate for the person and controls the risk for that person.
As the employer you must check that even if the PPE gives protection, it actually does the job. If the PPE is significantly uncomfortable as a result of not fitting properly, it will not be effective.
For example, close fitting respirators only give protection if users are clean-shaven. If they have a beard or even just "a few days growth", you will need to consider either a hood, helmet or visor type respirator to get an effective seal against the contaminated air.
The employer must also ensure the person is provided with any necessary instruction and training in relation to the PPE. (See Clause 15 of the OHS Regulation 2001 and FAQ re employers' obligations for more information).