Personal Protective Wear
Employers have a duty to provide protective clothing and equipment. The Act now states that the employer is ‘to provide’ rather than to ‘ensure that there is provided’ and the wording clarifies that while it is the employer’s responsibility to ensure the clothing or equipment is worn, the employee has a responsibility to wear it. An employer cannot satisfy the duty by paying an allowance or extra remuneration instead of providing the equipment. Neither can they comply by requiring the employee to provide his or her own equipment or clothing as a precondition to or as a condition of an employment agreement There may be some instances where an employee finds it more convenient or comfortable to use his or her own protective clothing. The employee must genuinely and voluntarily choose to provide his or her own protective clothing for comfort or for convenience. This choice only relates to the provision of protective clothing not equipment. The employer must be satisfied that the employee’s protective clothing is suitable. The employee who elects to use his or her own protective clothing continues to have a responsibility to ensure it is worn.