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#1 Posted : 08 May 2007 14:09:00(UTC)
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Posted By Ian Mitchell
Good afternoon. My partner is a full time student and currently has a part time job at an old folks' home at weekends to ease the financial burden and gain some caring experience as she wants to be a doctor. The home in question charges £8-00 for the 'uniform' (you know the sort - the light blue button-up smock things). Although it is apparently not compulsory to wear it everybody wears it and coughs up! My argument is that it is more than just a uniform and is in fact a form of PPE as it guards against spills of food and other such 'nasties' that I need not elaborate on here! Should she have to pay for it (presuming that uniforms may be charged for?) or would it indeed be classified as PPE?
I have tried to suggest to her that it is PPE and they have no right to charge anybody but I would be grateful for any responses before I press the matter.

Thanks Ian M
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#2 Posted : 08 May 2007 14:18:00(UTC)
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Posted By Bob Thompson CMIOSH
Hi Ian whether or not the "unifom" is classed as PPE would depend on the companies risk assessment, Any requirement to wear that or any other protective equipment should be contained within the infection control policy which CSCI will insist that they have in order to be registered.

If they are required to wear it for infection control purposes then the company should pay for it. if the wearing or not is open to choice then that is their policy and your partners choice.

What other forms of PPE do they provide for the prevention of cross infection? at least disposable gloves and aprons I hope.

Regards Bob
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#3 Posted : 08 May 2007 14:34:00(UTC)
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Posted By Ian Mitchell
Hi Bob. Yes, they also provide disposable aprons and gloves for activities that carry a risk of contamination (in all honesty - that would be most!). Those are free issue and no qualms there.
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#4 Posted : 08 May 2007 16:35:00(UTC)
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Posted By Merv Newman
Your partner should ask the question : why should I wear this ?

If the answer is even remotely related to health and safety it is PPE for which the employer must pay.

However, that kind of question could be a right jobsworth.

Merv

Maybe it is common practice, but I have never ever heard of employees being required to pay for company issue clothing. Apart from officers in her majesty's forces
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#5 Posted : 08 May 2007 16:53:00(UTC)
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Posted By Aileen
In the Health Service, uniform is not classed as PPE as all it does is allow you not to spoil your own clothing. Admitedly nurses are not required to pay for the uniform and I see this as a separate issue. The materials used in tunics will absorb anything liquid or semi-liquid and therefore cannot be classed as "protective". Gloves, aprons, etc are certainly PPE as they stop fluids, etc coming into contact with the skin.
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#6 Posted : 08 May 2007 17:35:00(UTC)
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Posted By Adrian Watson
HSWA 74 Sect 9 states that "No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions."

Reg 7(3)states "Where it is not reasonably practicable to prevent exposure to a substance hazardous to health, the employer shall comply with his duty of control under paragraph (1) by applying protection measures appropriate to the activity and consistent with the risk assessment, including, in order of priority—

(a)the design and use of appropriate work processes, systems and engineering controls and the provision and use of suitable work equipment and materials;

Reg 7(4) states "The measures referred to in paragraph (3) shall include—(e)appropriate hygiene measures including adequate washing facilities."

As the clothing - work equipment - is provided to prevent cross infection - a hygiene measure - in pursuance of a specific requirement of the COSHH regulations then the employee should not charge for the uniform. You can apply to an employment tribunal.

Regards Adrian
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#7 Posted : 08 May 2007 17:36:00(UTC)
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Posted By Adrian Watson
HSWA 74 Sect 9 states that "No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions."

COSH 2002, Reg 7(3)states "Where it is not reasonably practicable to prevent exposure to a substance hazardous to health, the employer shall comply with his duty of control under paragraph (1) by applying protection measures appropriate to the activity and consistent with the risk assessment, including, in order of priority—

COSHH Reg 7(4) states "The measures referred to in paragraph (3) shall include—(e)appropriate hygiene measures including adequate washing facilities."

As the clothing - work equipment - is provided to prevent cross infection - a hygiene measure - in pursuance of a specific requirement of the COSHH regulations then the employee should not charge for the uniform. You can apply to an employment tribunal.

Regards Adrian

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#8 Posted : 08 May 2007 18:05:00(UTC)
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Posted By Chris Jerman
Uniform, as in dress is NOT PPE. PPE is designed to protect the wearer against a hazard of known concentration or force. Chef's whites may be PPE as they can be specially treated for flame retardance for example, as would a firefighter's tunic. Clothing that is specifically worn for 'identity' purposes is not PPE. It has no special qualities or attributes. Preventing cross infection due to becoming dirty is not what was in the minds of those who created this back in '72. Trust me.
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#9 Posted : 08 May 2007 18:21:00(UTC)
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Posted By Adrian Watson
Chris,

I would agree that Clothing that is specifically worn for 'identity' purposes is not PPE and is not covered by HSWA 74, Sect 9.

However, the HSW act does not talk about PPE, it prevents employers from charging employees for anything done or provided in pursuance of any specific requirement of the relevant statutory provisions.

Whilst it may not have been envisaged that uniform could be covered by Sect 9, as previously stated COSHH is a relevant statutory provision and if the uniform is provided to prevent cross infection then it is provided pursuant to COSHH 2002 Reg 7. It, therefore meets the criteria in Sect 9!

Regards Adrian
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#10 Posted : 08 May 2007 22:10:00(UTC)
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Posted By Chris Jerman
Good argument - well made, Adrian, but I'm not buying it. We can trade regs all day, but this is about the spirit of the law. Reg 9 was never intended to be applicable to a temporary worker in a nursing home and whether they have to pay for a smock that may get spills on it. It's stretching the Act too far.

Chris
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#11 Posted : 09 May 2007 09:48:00(UTC)
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Posted By John J
I would suggest that as the Uniform is optional it isn't PPE its workwear.
One way to clarify it would be to ask for the Coshh/Risk assessments which will indicate whether the uniforms are a required hazard control,
John
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#12 Posted : 09 May 2007 13:01:00(UTC)
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Posted By Ron Hunter
It isn't PPE. If she doesn't have to wear it, then she doesn't have to buy it.
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#13 Posted : 09 May 2007 15:26:00(UTC)
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Posted By Ian Mitchell
Everyone, thanks for the responses. I had already mentally gone over the Adrian - Chris 'argument' in my mind.

I am of the mind that it is indeed stretching it to call it PPE without being able to challenge them myself (I don't work there and have no business to!).

I suppose the real issue is whether they are right to charge for 'uniform' when there is an implied obligation for staff to wear it. Not really H&S.

It's only £8.00. I'll probably give her the bl**dy money myself being a well paid H&S professional as well ;-)

Cheers again folks - always like to thank respondents...
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#14 Posted : 09 May 2007 16:08:00(UTC)
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Posted By Tabs
As she is expected to wear it, and pay for it, it may well become a tax-deductable element of the job (assuming she breaks into the tax bracket).

She can contact her local tax officer to discuss. No promises though :-)
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#15 Posted : 09 May 2007 16:39:00(UTC)
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Posted By Ian Mitchell
Hi Tabs. She earns £5-6 an hour one weekend in two. I don't think she will trouble the tax code this year ;-)
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#16 Posted : 09 May 2007 16:59:00(UTC)
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Posted By Tabs
Recoup the costs when she quits the job, by hiring the uniform out for fancy dress parties :-)
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