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#1 Posted : 05 November 2001 11:04:00(UTC)
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Posted By Jessica Nicholls I know that law dictates that employers must bear the cost of PPE, however my current employers ask temporary workers to pay for their safety footwear. I have made the company aware of thier legal obligation - however they are not keen to change their policy, as we do have a number of temps, who are only with the company for a few weeks, or possibly months. Does anyone else deal with similar issues? Can anyone advise me of ways of dealing with this? Thank you Jessica
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#2 Posted : 05 November 2001 11:09:00(UTC)
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Posted By Nick Higginson Jessica, It comes down to a matter of control. ALthough the temps are not specifically employees, there work is controlled by your company. The company creates the risk and should really provide the temps with PPE. I don't know if it's ever been tested in court, but could employers be breaching Section 9 of HSWA by asking temps to provide their own PPE? I guess it would come down to whether they fell within the definition of "employees". Have your risk assessments identified a hazard to people's feet/ankles? Many companies make a blanket statement of "safety footwear will always be worn" without carrying out a proper risk assessment. Apologies if I'm teaching any grannies to suck eggs, but if there's not a significant risk, then there's no need for PPE! Kind regards, Nick
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#3 Posted : 05 November 2001 12:01:00(UTC)
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Posted By Jack Temporary workers may or may not be employees. If they are employees then the company must provide (and pay for)ppe (I'm assuming here that your risk assessment has shown it to be necessary - and that other measures to control the risk are reasonably practicable). As Nick says Section 9 applies. If your temps are agency staff then the agency would (normally) be the employer and would therefore have to provide the ppe. Of course, your company would have to ensure they had the ppe (ie not permit them to work without it). They could also be self employed (and this applies to some agency staff), in which case they would have to provide their own ppe (and again your company would have to ensure they had the ppe - ie not permit them to work without it). Don't forget that this applies only to ppe. ie it doesn't apply to uniforms, ordinary working clothes nor chefs whites.
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#4 Posted : 05 November 2001 12:06:00(UTC)
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Posted By Jessica Nicholls Thanks for that. Can any of you recommend a way of avoiding great cost over this issue - for example, would it be acceptable to ask them to pay for the shoes when they leave - or return them? And how about having a stock of shoes we issue, and recall, and reissue - and so on. My company seems to be prepared to take the consequences of contraveniong Section 9 - I am trying to find an alternative, and legal, method of providing PPE, without great expense to the company.
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#5 Posted : 05 November 2001 13:45:00(UTC)
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Posted By Nick House As your employer seems happy to contravene sec. 9 of the HASAW, then may I suggest that due to todays litigious society, you keep all documentation relating to this discussion with your superiors. This should include your recommendations, and their responses. This is purely to cover yourself should anything untoward happen. Regards, Nick.
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#6 Posted : 05 November 2001 15:21:00(UTC)
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Posted By Jessica Nicholls Is anyone aware of any case law I can use to try and change my employers mind?
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