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Cruisin' Susan  
#1 Posted : 11 February 2014 19:13:37(UTC)
Rank: Forum user
Cruisin' Susan

Could somebody clarify the employer's responsibility for providing PPE to employees when they go to a construction site. Is it acceptable for the employer to ensure that the principal contractor supplies PPE?
johnmc  
#2 Posted : 11 February 2014 19:43:42(UTC)
Rank: Forum user
johnmc

Hi Susan, legally it is the employers responsibility however many principal contractors will provide ppe for sub contractors and visitors but may charge the relevant organisation. It's usually worth a phone call or email to confirm what will or will not be provided bearing in mind that foot ware may need to be pre ordered. Good luck.
RayRapp  
#3 Posted : 12 February 2014 08:39:46(UTC)
Rank: Super forum user
RayRapp

The above post is correct, it's the employer's duty to provide sufficient PPE for their staff. The waters get a bit muddied where agency and self-employed staff are involved, however the principle is still the same. The PC determines what PPE will be worn on his site, but there is no duty on the PC to provide that PPE except for the PC's employees.

The terms of engagement should include the PPE requirements required by the PC. That said, most construction activities require the same standard PPE (ie Hard hat, glasses, hi-vis vest, gloves and boots) so there really should not be an issue. If personnel arrive on site without the correct PPE then there are two options the PC can take. First, send them away to get the correct PPE, or provide PPE, assuming of course the PC has the stock in the first place.
chris.packham  
#4 Posted : 12 February 2014 08:47:47(UTC)
Rank: Super forum user
chris.packham

Relying on the PC for the PPE assumes that he has the correct PPE for each and every work situation. In my experience, in particular when dealing with chemical hazards, this is frequently not the case. So if, as an employer, I rely on the PPE required or provided by the PC and as a result one or more of my employees suffer damage to health who is then liable? I would at least require a statement from the PC that they accept responsibility for the specification/provision of the PPE and will accept liability should it be shown that this was inadequate.

Chris
Stern  
#5 Posted : 13 February 2014 17:04:35(UTC)
Rank: Super forum user
Stern

Hi,

As a long serving safety advisor for one of the largest principal contractors in the country, our stance is that we expect contractors, or their subcontractors, to provide their own PPE (as the employers).

We will happily sell PPE to people to fail to being their own but be warned, we will apply a RIDICULOUS mark up!

We will only provide PPE to our own staff (be they PAYE, contract, agency, long term, short term etc etc).

Hope this helps

Stern

Cruisin' Susan  
#6 Posted : 15 February 2014 16:00:29(UTC)
Rank: Forum user
Cruisin' Susan

My thanks to everybody who have contributed to this thread. One response identified the potential problem that bothers me about relying on a third party providing PPE. If this is the arrangement a client has with a principal contractor (PC), the client would need to have a procedure in place to ensure that the PC has selected the correct PPE, stores & maintains it and that it fits the individual it is loaned to. Whilst I agree that the PC should provide a statement to record that they agree to accept responsibility, my view is that if an accident were to occur the client still has some liability if they have not actively carried out their own checks and documented that they have done so.
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