Ppe

[Dairyspark]

I have a question about my ppe entitlement and I'm hoping someone can help. I've read the HSE website and it says that your employer has to provide free of charge, the requires ppe for the job. I went and asked my employer to supply me with a bump cap as I was bumping my head working in tight spaces. They ordered me one but I noticed on my tool account invoice there is the bill for the bump cap. Now here's the question. Am I within my rights to go and question this or since I am the only person in the company that wears such head protection, do I just leave it be?

Thanks

Bobby

 

[Sharpend]

Are you directly employed or subbing?

If you are directly employed then it's your employers responsibility to provide your ppe.

 

[Sidewinder]

Your employer has committed a criminal offence.

Trouble you will find is that they can get away with it.

You are correct under the PPE regs, they MUST provide FOC suitable and sufficient PPE for the work that they require you to do.

Why did their risk assessment not identify that you required a bump cap?

Another breach under the MHSWR...

You are totally right and should not have been charged, but, I would guess going by this attitude, if you challenge them they'll just sack you?

TBH employers like this should be sorted out by the likes of HSE.

 

[Sharpend]

You could always refuse to get into the tight spaces without suitable protection.

 

[Sidewinder]

Are you directly employed or subbing?

If you are directly employed then it's your employers responsibility to provide your ppe.

Careful with that one, as the contracting employer can still be liable under statute law for their subbies PPE, especially if they are LOSC.

If they are LSP labour and material based on quotes then less so.

HMRC & HSE have similar but slightly differing views, mind neither will go against the other, and if one gets you the other one will follow.

 

[Dairyspark]

I'm directly employed, the company I work for is very old fashioned and most of the guys working there are of the generation before H&S lol so no one is interested about their own personel safety. Their attitude is I've not needed it for the past 40 years I've been here. I just don't want to have to pay for something when I should be supplied with it free of charge. The company supply me with everything else: overalls, boots, gloves, knee pads, safety glasses, welding helmet(if required) but for some reason they don't want to supply me with my bump cap.

 

[Sidewinder]

If your directly employed then their issue.

Why did the RA not pick up the requirement for a bump cap?

The whole point of a GOOD RA is to identify such things to keep the guys safe when doing the job, not to stop the job from getting done.

 

[Dairyspark]

Because you don't understand how old fashioned they are, I don't think the know how to spell risk assessment, I'm also convinced they pay of H&S inspectors cos I've never seen one in the 2 years I've been there and I've asked other people who work there and they've never know anyone to inspect the place

 

[Sidewinder]

I've been working for over 30 years now, and I've never knowingly been on site when a HSE (as in HSE.GOV.UK these days) inspector has been on site doing an inspection.

Been to places before & after to help out, but never when!

They are very few & far between.

Then normally turn up after things have gone wrong.

So, even though your employer seems to have certain lax attitudes, perhaps they have a very competent workforce who look after themselves?

Not sure which way to suggest you take this.

Only you know your employer, you now know your rights and the law.

It is unfair that you have been charged.

Can they take a joke, could that be a tact?

TBH, since I've been an employer one thing I have tried to be "hot" on is provision of PPE, because it is the first (last) line of defence, easy to implement, costs little, and is part of a much larger strategy.

Even when I've had subbies and they have not had kit, I've provided it rather than them not have it, and as they were LOSC, it would have been difficult for me to shirk the responsibility of provision of PPE in a court of law.

 

[Dairyspark]

I wouldn't say they have a work force who look after themselves, I'd say they have a workforce who were never told what to do in the event of an accident, by that I mean reporting accidents. And I am going to take me invoice for my tool account in to the office and just ask why I have been charged for it and see what their reaction is. Thanks for the advice guys

 

[SLIPSHOD & SLAPDASH]

As far as i am aware a bump cap (although useful) is not an approved PPE item. All they have to provide you with is a hard hat costing about £3.

 

[Andy™]

I wouldn't say they have a work force who look after themselves, I'd say they have a workforce who were never told what to do in the event of an accident, by that I mean reporting accidents. And I am going to take me invoice for my tool account in to the office and just ask why I have been charged for it and see what their reaction is. Thanks for the advice guys

did they take it out of your wages? iirc, thats illegal too

 

[Sharpend]

Sounds as though it's a large business? Do they not have their own fire and safety officer? Perhaps a gentle approach to him may get you more reasoning?

 

[Sidewinder]

As far as i am aware a bump cap (although useful) is not an approved PPE item. All they have to provide you with is a hard hat costing about £3.

Don't see why Slips, they are made to an EN Std.?

 

[Dairyspark]

They are a small to medium business employing 30ish people. And we don't have a fire and safety officer lol

And yes it will be taken out my wages weekly as it's on my tool account invoice

 

[Sidewinder]

Who signs your H&S policy document?

 

[Dairyspark]

Don't even know if we have one lol

 

[Andy™]

And yes it will be taken out my wages weekly as it's on my tool account invoice

possible that they have ordered what you asked, but someone in the office not realised it was PPE so added it to your tool account?

Don't even know if we have one lol

there must be a written H&S policy if there are over 5 employees

 

[alpha spark]

Yes bob they should pay for it

But is it worth kicking up a fuss about it as you say they provide you with everything else

What is the cost of the hat <£10 I would just accept it especially if I was an apprentice.

Lots of people would jump at the chance to have the opportunity you have been given.

 

[Dairyspark]

Yes bob they should pay for it

But is it worth kicking up a fuss about it as you say they provide you with everything else

What is the cost of the hat <£10 I would just accept it especially if I was an apprentice.

Lots of people would jump at the chance to have the opportunity you have been given.

You make a very valid point. I also think that I wouldn't have asked this question if the few people at my work who though the bump cap was a great idea and that they wanted one, if they actually went and asked for one it may have been seen as more required. As apposed to one apprentice asking for one. But this people seemed to have disappeared lol