Posted By Melanie Fellows
I'm not sure if this is an HR or training issue (or both).

We have a person who is very flamboyant in his regard to PPE - he loses it, he damages it, he destroys it. I think it's because he likes clean and new PPE whenever he can.
For example, gauntlets which last everyone else a month, he uses two or three pairs a week. Hi-viz vests seem to be his favourite - he stands on them and rips the shoulders out of them - he tends to go through a minimum of 5 per week (that I know of!).

My question is, can we charge him for some of his PPE (only the replacement of wilfully damaged ones), or is it unlawful?

Thanks,

Mel

Posted By M J Matthews
Hi

Law states we cannot charge for anything provided in the interests of health and safety have had employees who show a wilfull disregard for equipment including PPE. I have always dealt with it the same way, bring into issue your disciplinary procedure,this normally helps the situation, if they haven't got the issued and signed for equipment they cannot safely carry out the job we pay them for.

Posted By Konstanty Budkiewicz
Melanie,

I want to duck your question and propose an alternative course of action. I suggest that you deal with this situation as a training issue. The work undertaken by your miscreant must have some degree of training. The task must have been risk assessed otherwise a decision to use PPE would not have been arrived at. Pulling these aspects together your management are in a position to query why the PPE is not durable, suitable and sufficient for this member of staff. Take the opportunity to involve the miscreant in a review of the risk assessment. This should reveal what his local usage problem is. Using this as a baseline you may wish to call for the PPE to be examined at the end of each shift for a period of time. This will provide further evidence that the person is now working as trained.

In the medium term comment should be raised in their 6-monthly review of performance, and future targets agreed.

The above is proposed because HR will no doubt ask for evidence before they take any action.

Kon CMIOSH

Posted By Tabs
Ultimately, unless you give the PPE to the employee, it remains the property of the company and any intentional damage could be argued to be criminal damage and a clear case of gross misconduct ...

I would not suggest you actually use that until everything else is exhausted - but it would not be fair to start any process without first informing them of the possibility that it would escalate to that.

Posted By Ron Hunter
I don't think that could be described as "flamboyant" Melanie!!!

Posted By Bob Shillabeer
This is a simple matter of disipline. How does the work undertaken by this person differ from others? If the PPE supplied is of a good quality and fit for purpose why is it the person concerned is using so much? Is he doing more work than anyone else or is it he is deliberatly damaging the PPE supplied. If its the latter there is a strong case for disiplinary action. But, first check that the PPE you provide is fit for the purpose it is intended for.