Since the government legislation of 1992 it has been compulsory for Employers to provide the correct and appropriate equipment to ensure an employee’s safety. This is because of the danger in many work places that often cannot be avoided unless protective gear is warn.
A story of mine to stress the importance of safety gear
Whilst working as a waitress, each employee was provided with a pair of allegedly heat protected gloves. Although the gloves were not that good a standard, they were necessary to safely carry out the job. Unfortunately, one of my former colleagues forgot his gloves and there were no spares; resulting in him having to use linen napkins to carry the plates. The napkin slipped and he suffered burns to the hand.
Now, although it is the employees responsibility to use any equipment provided, the business are responsible for enforcing this and ensuring there is enough equipment (including spares) for everyone. There could be a claim to answer for here, but it can depend on the case.
The employer’s responsibility
An employer must also evaluate the efficiency of the equipment – as with the gloves, they just didn’t work to a great extent. They must risk asses workplace activities to see what is needed.
If you are self-employed, this also applies to you as it is your responsibility to protect yourself if is no one else to do so. By not abiding the legislation you run the risk of an injury – and being self employed may mean cannot claim.
The standards of the provided equipment have to meet a certain criteria. Examples of this are:
- It must be provided
- It must fit the employee properly
- It must be effective in preventing hazards
- Must be appropriate for the working environment
The employer must also ensure that the employee is comfortable and knowledgeable of any equipment they are required to use. For this to meet the Act’s requirements the employee should be made aware of:
- Any risks or hazards that they are being protected from
- The purpose of the equipment
- How to maintain the equipment
- How to spot faults with the equipment
The employee’s responsibility
The employee also has a degree of responsibility for their safety regarding protective equipment. If you lose or damage any equipment provided for your safety it is important that this is reported to the employer so they can replace or repair the equipment. It is also stated in the Act that if the employee is provided with personal protective equipment that they must wear it during tasks. The employee must also take care of the equipment and maintain it appropriately.
Hopefully, I have made you aware of the importance of personal protective equipment and the responsibilities surrounding it. If you feel that your employer has not supplied you with the required equipment or you have any worries regarding this, it is always worth giving us a call to see if we can help.
