David A similar question has been posted in the past but for the life I cannot remember the outcome. Strictly speaking the employer should provide the PPE free of charge. So, it all depends who is deemed to be that employer. My money is on the Agency. I seem to recall some case law where the employer was deemed to be 'the person who pays the wages' and not the hirer. I also think that any company or Agency that does not provide PPE for staff is not very reputable, illegal and arguably amoral. I dare others will agree or disagree with my point of view.

As Ray has said this has been covered in the past, and unfortunately I don't think that you can search the 'old' forums. As I recall there were several opinions. As Ray has said it is strictly the responsibility of the employer, and this is normally, but not necessarily always the person that pays the 'employee' and deducts paye etc. I believe that the practice of requiring 'agency' workers to provide some or all of their own PPE is relativley widespread, and I don't think that there is much in the way of case law to assist to help give you a definitive answer (although be glad to hear of any). There is some 'stuff' in the ACoP and guidance to the management regs about temporary workers and agency workers, co-operation etc etc. But have a look at paras 27 and 30 of L25 though http://www.hse.gov.uk/pubns/priced/l25.pdf . In my opinion I suggest that the person 'best plcaed' to provide the PPE should be, and I would say that this is often the 'user' employer, although I suppose I can understand the reluctance of some employers to provide 'expensive' PPE for what may be a very short term use of a worker. Please don't jump on me for the comment, with all the moral/ethical arguments, I don't necessarily agree with that approach but understand why some employers may adopt it, and it is my understanding that a great many do adopt that approach. Try L25 27/30

David I am trying to stay within the forum rukles, but if you google "Dacas vs Brook Street" and then hit the first link for www.healthandsafetytips.co.uk you might find this useful. I haven't read all of the cases but there may be something there that either helps or helps justify any decision you make.

Many thanks people - I stand corrected. I know have the information to plan a strategy, but I suspect my son will not push it. He is happy with the service of the agency and his "controller". I am thinking more of the other people employed who are not wearing PPE. Again - many thanks David

As always, the devil is in the detail and those with an opinion have discussed this, backed by attempts to reference a bit of legislation. But I note one comment - David says that the lad already has PPE from a previous job. Isn't that too part of the problem? Agency workers pick up PPE items from their employer - whoever that is - and take it with them. That increases costs considerably and with a transient agency pool with workers moving not only from job to job but from agency to agency it must be difficult for an agency to bear the costs. It is understandable that employers (agency or otherwise) baulk at PPE issue to workers who will be 'employed' perhaps for a matter of a day or two. And everyone expects new issue! If agencies can't, or don't want to, provide PPE then at least there must be some comfort in the thought that the money saved might keep them in business. Boo! Hiss! But that means also the possibility of future job placement for those on the agency books. Perhaps it needs a little pragmatism, especially in these days when jobs are hard to come by. As they say, that's life.

Ian Agencies charge a good amount for providing staff. for example, the agency that I work through has made approx £18,000 from my services in the last year, enough to provide some decent PPE, which they don't. Although amounts will vary depending on the skills/cost of the agency worker. Notwithstanding there is also a legal duty which some appear to conveniently forget. I have collected much PPE largely because soiled PPE is not normally returned. Boots are peculiar to the individual and not normally returned. The company I am contracted to provide PPE to virtually all our sub-contractors at a cost exceeding many tens of thousands of pounds per annum. The other side of your argument is that it keeps PPE manufacturers and suppliers in a job!

It depends whether the person is directly employed by the agency. If the agency can't be bothered with payroll the employee might technically be employed by an umbrella company who expect their 'employees' to buy it themselves and claim it off the public purse.

At the end of the day, it does not matter who provides the PPE as long as it is not the employee. It all comes down to the contract between the agency and the company. IMO

As the employer has the duty to provide, the agency should provide. However, they frequently do not know what to provide to ensure that persons are properly protected. As others have stated what does it matter who provides appropriate PPE it as long as it is provided. As an employer I would provide it and recover costs from the agency. Regards