Hi Wilmac, I just read this from the ppe GUIDANCE "Can I charge for providing PPE? An employer cannot ask for money from an employee for PPE, whether it is returnable or not. This includes agency workers, if they are legally regarded as your employees. If employment has been terminated and the employee keeps the PPE without the employer’s permission, then, as long as it has been made clear in the contract of employment, the employer may be able to deduct the cost of the replacement from any wages owed." The part that states " This includes agency workers, if they are legally regarded as your employees". I suppose you now have to decide if they are your workers or the agency's? Could it be up to the agency to have to provide suitable PPE to their workers...? Pete

Many of us will sympathise with your predicament. We have discussed the matter of who is responsible for PPE in this sort of situation a number of times before, at some length, and it might be worth a search to see the previous discussions. However, briefly, it is something of a festering sore that the HSE hasn't really tackled, and there may be a reason why that is the case. The guidance quoted is of limited use though. Who the employer is for 'health and safety' purposes (and specifically for the issue of PPE) as opposed to PAYE/NI purposes may well be different. In many cases the employer for H&S purposes will often be the 'user' employer rather than the 'provider'. I have to say that it is unusual for an agency to 'accept' that workers they supply are their employees, as most following 'legal advice' will assert that they aren't their employees and that they act as an agent for ‘contract for services’.

This has always been the approach that I have taken, and I think something that either the PPE and/or temporary workers guidance alludes to. Get agreement on who does what before hand and hopefully there is little/less room for manoeuvre. Do be aware that if you require the agency to provide, they may recoup this in their 'on cost'.