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Posted By rb
Morning All,
Just a quick query I need clearing up and am unsure of the definitive answer so am looking to you all for assistance.
One of our employees has a foot condition which the NHS have said they can operate on but the operation will leave him with a hole in his foot. Alternatively they have said he doesn't have to have the operation but will be required to wear specially designed shoes which the NHS will provide him with 1 pair of.
My question really is this- do we as employers have a duty to provide him with bespoke safety footwear should he return to work in his present role where the wearing of safety shoes is mandatory? I have been told to get boots specially made for him could cost up to £1000!!!
Your thoughts are very much appreciated
Many thanks
RB
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Posted By Darren J Fraser
If the risk assessment has identified that the wearing of safety footwear is the only control measure that is effective, remembering that the use of PPE should be a last resort, then I would say that you must provide regardless of the cost. However I have been informed that there are toe caps avaliable that slip over the top of a normal pair of shoes. I have not seen or used these myself,but a quick google did show them as avaliable (mainly USA) and would cost approximately £40 per pair plus carriage.
Speaking of cost, upto a £1000 seems a bit excessive, have you spoken to footwear manufacturers? it is likely that the special shoe the NHS would provide is more to do with the insole or heel area being built up to provide amore natural position of the foot, I would suggest you contact the NHS and ask them if they could supply you with the contact details of their cobblers and discuss your requirements in general terms, obviously this is after you have spoken to your collegue to discover exactly what it is that they require - all in confidence of course.
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Posted By Martyn Hendrie
The short answer to you question is Yes.
THe Personal Protecive Equipment Regulations require the employer to provide PPE that is suitable to protect against the hazard/risk and also be suitable for the person who has to use it.
The Health and Safety at Work, etc. Act (Section 9) prohibits the employee from being charged for such equipment required to protect them at work.
Hope this helps
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Posted By Ali
Is it not possible to place him in a job role where wearing of safety shoes is not mandatory. Also, if there is a risk of foot injury and he already has suffered from the operation it may not be prudent to expose him to further risk.
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Posted By Kieran J Duignan
You haven't indicated the range of work of the employee.
To what extent is it possible that a rigourous analysis of the tasks (and associated hazards)may indicate ways in which the employee's tasks, tools, equipment, etc. can be redesigned so he is exposured to levels of risks for which special footwear is unnecessary.
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Posted By JKP
The reason made PPE is so expensive is because it still needs to meet European standards. When I was looking at this (back in 2000) for an employee who required a built up boot I was told that technically the manuafacturer has to make 2 pairs so one pair can be tested to destruction. In practice it was agreed it would be considered sufficient for each part of the boot to be individually tested so the boot as a whole could be considered as meeting standards.
Other reasons for cost are few manuafacturers supply bespoke safety footwear, I found 2. Also you need to factor in the cost of an othotist privately taking foot measurements. The NHS will not (or wouldn't for me) provide the measurements they had taken for the employees 'normal' boots.
Boot manufacture can take 3 months so you may need to find alternative work while waiting. Providing PPE really doesn't 'fit' with DDA in helping people get back into the workforce.
The cost of providing bespoke footwear can be met inpart or full by Access to Work but the employee needs to fill in the forms for this you can't do it for them.
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Posted By Roy Scott2 although i have not got a sample, i do have a supplier of safety toes. these are covers for over shoes. see www.safetytoes.com roy
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Posted By Merv Newman
We used to call the over caps "donkey clogs" as they make a sort of clacking sound as you walked. They were considered to be punishment for people who "forgot" their safety shoes.
I once provided steel toe-capped "Doc Martens" for a handicapped employee. They did not have certification so we tested them ourselves (10kg from 1 meter ?) and recorded the test.
Look, I know it's not orthodox but I think it would have been defensible.
Now shoot me. Or come down on me from a great height.
Merv
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