Posted By Derek Moore Gentlemen I would be grateful if someone can offer any advice to the following dilemma with regard to the HSE not enforcing current regulations even after a complaint has been submitted for clarification to the appropriate HSE body. Currently I work and am a union representative for those working in the commercial diving sectors. For one particular sector the contractors employ the individuals using the Construction Industry Scheme Card CIS to negate their responsibility to National Insurance, but for the contractors to operate under H&S law they must provide employers liability Insurance under ECLI law and regulations. I am aware of the changes to the CIS scheme from 6th April over employment status The contractors say that the workers are expected to supply their own PPE even though they are employees. They say, because the individuals are self employed for tax purposes. The PPE in question can be a considerable cost as a diving suit to protect the diver from exposure to the water and cold can be from £600 to £1000 as well as the required thermal under-suit to be worn under the diving suit and other items sometimes exceeding £1500. The contractors other argument is fluidity of the workforce in moving from contractor to contractor, that to supply every individual given the varying different sizes of persons would be prohibitive as they would need to have a supply of numerous suits and undergarments. They say the individuals prefer to provide their own suits, but the truth is they (the individual) are told to provide them or they have no offer of employment. I have through the union made representation to the relevant HSE department, that under the HSWA 74 and the PPE regulations the employer MUST provide the relevant PPE irrespective of the cost, time or effort and that they the HSE must enforce this law. To date the HSE reply is: The HSE answer. ‘DOST is still in discussion with the HSE Safety Unit that leads on PPE. It is hoped that a full answer can be provided in early 2006’. The Union Reply ‘The RMT Union await the outcome of the HSE Policy Unit that deals with PPE. However having re-read the PPE regulations, the RMT’s opinion is that PPE should be provided to all persons who under employment law ( which includes the following terms of worker, seasonal workers, casual workers, freelancers, agency workers, temporary workers, piece workers or output workers), who are classed as employees and not self employed for safety law not tax law. The rules regarding the particular arrangements with the Inland Revenue as to how the workers in the diving industry are taxed, is in the RMT’s view not applicable with regard to safety law. Gentlemen your thoughts please. And is there any action that can be taken against the HSE to enforce the legislation. Regards Derek Moore RMT Union Representative