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Posted By Malcolm Hogarth
Dear colleagues,
I wonder if anybody can help me with a query regarding PPE?
We issue PPE to participants on work placement (I hasten to add that this is only on the basis that employers other staff are provided with PPE and it generally means only safety footwear).
I have advocated a policy of insisting that the PPE is returned once the placement ends, and/or when the participants leaves our programme.
I have had a bit of grief from both participants and staff over this policy; the comment usually along the lines that we are depriving people of perfectly servicible footwear. My reasoning behind the policy is that if we let them keep the PPE and they later suffer an injury then they may come back at us with the dreaded 'compo' claim. We would probably be able to mount a reasonable defence against this but I am not sure we would want the hassle (I am not one for providing disclaimers either). I have now been asked "what the legal issue is pertaining to this"
I have had a look at the Regulations but cannot pinpoint anywhere the refers to the return - disposal of PPE. I would be most grateful for your thoughts, comments and advice on the matter.
Thank you in anticipation,
Malcolm
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Rank: Guest
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Posted By Elvis
My understanding would be that once the individual leaves the programme / placement, then the duty of care owed by you to the employee would cease in relation to the standard of PPE equipment. The PPE equipment was provided having assessed the risk against the environment within which the placement was to occur. I would imagine that you would have no problem arguing that it is up to the individuals new employer to assess whether the PPE that the employee is provided with is of an adequate standard for the new role that the individual is involved in.
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Rank: Guest
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Posted By Malcolm Hogarth
Thanks Elvis, that was my 'understanding' too but I want to put a bit more meat on the bones as it were.
Malcolm
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Rank: Guest
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Posted By Adrian Watson
Malcolm,
A couple of points, an injured person could make a claim if they could show that a defect in your shoes caused the injury. However, this would be very unlikely.
If you have not transfered ownership, the shoes or other PPE still belongs to you and you have a right to them as they are your property. You could make a charge for them when the leave the company if they do not wish to return them. This would be legal; you're not providing the PPE in accordance with a statutory duty if they're not employed by you!
Regards Adrian Watson
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