Rank: New forum user 
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Can uniform be considered to be PPE if it has been selected specificaly to provide a layer of protection and comfort making it something provided in the interests of health, safety or welfare.
My situation is this, my crews clean and clear void properties and spaces where fly tipping and dumping takes place. As such, if not properly covered in suitable clothing their skin may well come into contact with hazardous materials, sharps and be subject to unnescesary cuts and lascerations as well as potential infection.
As the company can not be assured of the suitability of clothes purchased at retail outlets to protect the crews from injury and to easily visually identify that staff are correctly clothed to access rough areas we supply uniform, free of charge along with gloves etc.
One or two non issued items have been seen on the job, like shorts and I want to use the threat of sanctions such as possible dismissal and back them up with H&S law to ensure as low a risk as possible, interpreting section 8 of HASAW:
'No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions'
If it comes to it I'd like to be able to enforce the sactions for repeat habitual 'offenders' who have ignored repeated warnings but don't want to fall foul of an unfair dismissal suit.
You thoughts are much appreciated.
Paul
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Rank: Super forum user 
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Yes, such clothing can have a dual purpose.
However a rather heavy handed approach, I think.
Since when do you have the powers to enforce s8?
Speak with your HR department - failure to adhere to company procedures and safety requirements, is more appropriate.
Make sure you follow your company disciplinary procedure.
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Rank: Forum user
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Hi Paul
Seems to me it depends on the findings of your risk assessment.
Going by the wording of your post, it seems you have identified a risk to your employees, and one of the control measures is the clothing you supply, therefore it is PPE.
Your staff need to be made aware of the risk assessment, (which they should already) and the provision of PPE as a control measure.
This can then be enforced, but pitched as being supplied to protect them from harm.
Their responsibilities can be explained at the same time, with sanctions to follow if necessary.
Hope this helps, and does not come across a teaching Granny etc.
Cerith
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Rank: Super forum user
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PJ.
I can't see how Sec 8 is relevant. They are not interfering or misusing the PPE- just not wearing it.
If you have a strict dress code, ie- shorts MUST not be worn or MUST wear the clothing provided, then you have the option of disciplinary for not following company procedure. Also, if their Manager tells them not to wear shorts, and they do, then they are refusing to carry out an instruction from a Manager.
If the risk assessment says long trousers of a particular quality then that's what they should wear.
Personally- I would draw a line in the sand and tell them all- in writing- that the above applies and that disciplinary action may be taken.
I think that disciplinary action should always be the LAST resort.
Hope this helps
Andy
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Rank: Super forum user 
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In answer to your question “Can uniform be considered to be PPE if it has been selected specifically to provide a layer of protection and comfort making it something provided in the interests of health, safety or welfare?” I would suggest that the answer is yes and many companies provide clothing that is both uniform and PPE; we do!
I am not quite sure of the status of the workers to who you allude, but if they are your employees I am failing to understand the problem. Do your RA, write the procedures, SSOW or whatever you want to call them (let’s not go down that road again) and if PPE is identified as a requirement provide that as well; inform, instruct, job done!
I personally have never been in favour of beating people over the head with S8 (surel;y that's for the HSE/LA?), although it seems to me that in the situation you are describing that surely S7 is more relevant.
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Rank: Forum user
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I agree with canopener that section 7 would be more relevant and I also agree with the other posts but wonder if there is a company image thing going on as well?
I worked for a company where this was in fact the case. They supplied a uniform for the staff and expected them to wear it. Fair enough, it was part of the company policy. At said company there were some who, as in your case, did not want to wear the uniform.
Rather than simply saying to the employees that it was company policy and if you don't wear it then you will be disciplined, they tried to enforce it on the grounds that it was ppe.
Trouble was, the employees decided to wear their own clothes that were probably more appropriate ppe than the supplied uniform. The company then had to go back to the employees and say what they should have said in the first place, that it is a company policy and if you don't wear it then you will be disciplined.
Not saying that is what the situation is here but if the cap fits...
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Rank: New forum user
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I definitely do not think that comes under section 8 at all. I think you may have to re-phrase, However, it could come under section 7 at a push, but i would just give the staff a toolbox talk and explain, rather then going down the disciplinary route.
Explanation is more affective then punishment in my experience
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