Rank: Forum user 
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Dear Safety hive mind, Here's one that's causing some discussion. We are currently taking on some of our agency staff from temp to perm. When with the agency they were given suitable PPE as per our standards. This PPE will remain with them when they come across to us as permanent staff. Now, most of the staff have been agency for around 3 month, the PPE is fit for standards and use and there is nothing wrong with it. We are going with the fact that it is all good so we as the new employer are not issuing new PPE (we will do once it needs to be replaced) as we do not wish to create all the waste of 100+ employees throwing perfectly good PPE away. HSE states that an employer must provide PPE which when they were Agency they did, by LAW do we now have to provide it? Seems a bit daft if what they have is exactly what they need and was acceptable yesterday as a temp but now needs replacing as a perm???? Thoughts
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Rank: Super forum user 
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No, it would be daft. However, your own paperwork / systems may be a problem. If you have paperwork that states issued with, you may want to amend it to say have it. This is obviously them keeping their own PPE not any that had been issued to anyone else previously ( just checking) We sometimes get people starting with their own PPE, which we don’t accept unless we can confirm the standard (ie footwear and slip resistance etc). However, from what you note you know the standard they have, so just record they have it. IMHO Chris
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 2 users thanked chris42 for this useful post.
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Rank: Forum user
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Thanks, you're just confirming my thoughts. We do allow people to start with there own footwear but this is specifically checked before they start to ensure that it meets our minimum standards.
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Rank: Super forum user
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The Law says that if your risk assessment says it is necessary to provide PPE and you have applied the hierarchy of controls and you can establish that this is the optimum control, they you must provide your employees, including agency staff directly working you with suitable PPE. It has to a) protect them from what event risk your risk assessment has identified, and b) it must fit and be suitable for the individual involved. You cannot charge the users for the PPE suppled and that is it. The regulations do not say how you issue it; if you buy and then issue; if they buy it and then you reimburse them; if you given them money or a voucher and they use it to buy it or whatever. As long as they have the right PPE, and it does not cost them then you are complying with the law. There might be guidance about, which assumes that you buy the PPE and then supply them but that’s not the law. All the law is interested in is that the employees have the right PPE. You do not have to pay twice for the same PPE.
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