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Posted By Dave B
One of our operatives has a letter from his GP stating that the safety shoes provided to the operative should be 'soft' due to a medical condition.
We have sourced some 'soft' safety footwear but, as you can imagine' they cost an arm and a leg (no pun intended). The operative's Manager is griping about the costs and wants to get a contribution for the shoes from the operative.
My opinion is that we, as an employer have a duty to supply comfortable and suitable PPE to our employees that take into consideration any infirmaty he/she may have.
Comments appreciated
Dave B
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Posted By LauraR
Hi Dave,
You are right in thinking that you cannot charge for this PPE.
The PPE Regulations require that suitable PPE is provided and goes on to specify that suitable takes account of ergonomic requirements and the state of health of the person or persons who may wear it. In this case your employee has provided medical evidence of his health conditions and information from a registered medical practitioner on what would be deemed suitable in the circumstances.
As you are probable aware under Section 9 of the Health and Safety at Work etc Act there is a duty on employers not to charge employees for things done or provided pursuance of any specific requirement of the relevant statutory provisions.
Hopefully this will give you sufficient information to go back to the manager concerned.
Regards,
Laura
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Posted By Tabs
Nothing in the previous post stops you from wasting your money on a second medical opinion or legal advice though ...
Your manager sounds like someone who would rather spend a pound to save a penny :-)
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Posted By Merv Newman
We have, in the past, had safety shoes made to order. We took the makers (local snob (or cobbler)) written word for it that they would conform to CE. They cost about 10 times what a pair of standard safety shoes would have.
Employee was happy. Snob was happy. Union rep was happy. No-one ever challenged it.
Boss was actually quite pleased with the good PR generated by the exercise
Merv
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Posted By Dave B
Thanks for your comments - all additional ammunition.
Dave
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Posted By Bob Shillabeer
Yep, you got it right. You cannot ask for a payment for PPE as you have a duty to provide it without cost. The safety footwear must be suitable for the individual concerned. If he has a condition which a doctor has stated needs to be catered for bite the bullet and do it. You have a legal duty to do so, end of news.
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Posted By The toecap
I'm in agreement. But, remeber that the PPE should be suitable and afford the user adequate protection
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