This can be a tricky area for insurers as usually there is a lack of evidence we can use to mount a contrib neg defence re PPE. Evidence of a continued refusal to wear PPE really needs to be backed up with audit findings and disciplinary records. Without these, PPE related contrib negligence becomes a negotiation point and would never reach a full trial unless other aspects of the case warranted it. As such, there is little case law for EL cases where PPE has been a major factor. I did however find this useful case law summary pertaining to motor accident claims. Failure to wear seat belt or bike helmet has cropped up in the past and these are the cases insurers would use in EL contrib neg arguments. See http://www.byromstreet.c...-Clinical-Negligence.pdf As for fining employees - if you've got to that stage you really are losing the battle. Go back to S7 of the HASAW act 1974 - employees duty to co-operate. Personally, I always used to point out the medical professions inability to carry out eye transplants. Once they're gone, they're gone.