Does My Employer Need to Provide Me with Personal Protection Equipment?

[Deactivated] on 27/06/2018 - 12:11
Last edited 27/06/2018 - 14:57 by 1 other user

Around 4-5 months after I started working for this company I received a pair of steel cap boots (I ordered them from the company's uniform supplier on the day I started working there), although they were too big & I couldn't return them.

Now my employer is threatening to stop giving me shifts if I don't purchase my own pair of steel caps, saying it's not their problem I can't return them & that I need to purchase my own pair.

Am I in the right to say that if PPE is required that I either need to be provided with a pair, or I'll happily go out & buy a pair but expect to get reimbursed?

TIA!

Education & Work

Comments

  • dcep on 27/06/2018 - 12:16
    -1

    what ?

    employer ?

    you already got boots ?

    want another pair ?

    not compulsory for company to supply ppe boots

    you can claim work expenses on tax

    or just wear 3 layers of socks

    • [Deactivated] on 27/06/2018 - 12:18

      wait, what? haha

  • BertieBrown on 27/06/2018 - 12:20
    +1

    I'm not 100% sure TBH, but this might be a starting point - https://www.safeworkaustralia.gov.au/ppe

    I don't know if this applies?

    I.E;

    'Do PCBUs need to cover the cost of uniforms or regular shoes?

    Generally, no. The requirements to provide and pay for clothing and equipment under the model WHS Laws only apply to items that are PPE. A worker’s regular clothing such as pants or jeans that are worn in a factory environment are not generally considered PPE. However some protective clothing and equipment will be such as boots, safety shoes and high visibility clothing. Businesses should check to see whether they are required to cover the cost of the clothing or protective equipment under the model WHS Laws.

    Where a PCBU is required to cover the cost of clothing or equipment because it is PPE, it is an offence for them to charge or levy a worker, or cause a worker to be charged for these items. Workplace relations laws also prohibit unauthorised deductions from an employee’s wage for work-related items such as PPE.'

    • [Deactivated] on 27/06/2018 - 12:27

      Hmm, "Where a PCBU is required to cover the cost of clothing or equipment because it is PPE, it is an offence for them to charge or levy a worker, or cause a worker to be charged for these items."
      Thanks for that mate! will definitely be showing them this haha

      • BertieBrown on 27/06/2018 - 12:31
        +1

        The site I linked also said that an employer needs to check whether or not they have those responsibilities under the relevant WHS laws. So I'd suggest contacting Fair Work or Safe Work Australia for more info.

        • [Deactivated] on 27/06/2018 - 12:39
          +1

          Did a bit more research about WHS laws, was redirected to - https://www.commerce.wa.gov.au/worksafe/employees-your-right…

          In Western Australia, the law requires your employer to provide a high standard of safety and health at the workplace and ensure that you are not injured or harmed because of your work.

          Your employer has a responsibility to provide and maintain, as far as practicable, a safe working environment… This is called the employer's 'duty of care'

          The employer's 'duty of care' means that your employer must, as far as practicable:
          where it is not practicable to avoid the presence of hazards, provide adequate personal protective clothing and equipment without any cost to you

        • BertieBrown on 27/06/2018 - 12:43

          @jus: Nice work :) Sounds like you should be in the right. Good on you for taking the initiative. I hope you can get it sorted.

  • altomic on 27/06/2018 - 12:50
    +1

    whay sort of work do you do?

    • [Deactivated] on 27/06/2018 - 12:57

      Work at a supermarket.
      Been there for almost 10 months now, steel caps are required in my department but they've never really been pushed, couple of months ago a new store manager took over & has been giving me a hard time ever since, now their trying to cut my shifts because i don't have the right ppe.

      • HighAndDry on 27/06/2018 - 13:00

        It sounds like you've been provided PPE and are just refusing to use them. Yeah - they're basically legally obligated to stop giving you shifts.

      • altomic on 28/06/2018 - 15:32

        f you working in Mining then the employer would be required to provide PPE.

        working in a supermarket - there is no obligation to provide PPE.

  • HighAndDry on 27/06/2018 - 12:52
    -1

    I received a pair of steel cap boots (I ordered them from the companys uniform supplier on the day I started working there)

    Seems like they already discharged their obligation by providing them.

    • [Deactivated] on 27/06/2018 - 12:59
      +1

      Thing is though I ordered my normal size & they came up too big, & they took so long to arrive that it was out of the 14 day return period.
      The most annoying thing is that management don't want to help me in this situation, I was told I either need to buy my own pair or that I will stop receiving shifts, & that it's 'not their problem'

      • HighAndDry on 27/06/2018 - 13:00
        -1

        Thing is though I ordered my normal size & they came up too big

        That… sounds like your problem for ordering the wrong size. As someone else said, wear an extra pair (or two) of socks under the shoes.

        • [Deactivated] on 27/06/2018 - 13:06
          +2

          I didn't order the wrong size though haha. I ordered my normal size, & funnily enough on the website it says that the shoe fits true to size, & to order your usual size.

        • [Deactivated] on 27/06/2018 - 13:08

          thing is aswell, the shoe is at least 1-1.5 sizes too big. I don't think I have enough pairs of socks haha

        • HighAndDry on 27/06/2018 - 13:10
          +3

          @jus: Oh that's a bit extreme. You're in a bit of an awkward gray area though - as far as the employer is concerned, they provided PPE and you're refusing to use it. As far as you're concerned, they may as well have provided novelty clown shoes for all the practical use a pair that's 1-1.5 sizes too big is going to be.

        • R-Man on 27/06/2018 - 15:34

          @HighAndDry:

          as far as the employer is concerned, they provided PPE and you're refusing to use it

          Don't think this is true (even though they see it that way). The ones provided are not fit for purpose - that purpose being personal protection. Worth fighting further I say.

        • HighAndDry on 27/06/2018 - 15:55
          +2

          @R-Man: Oh yeah, OP already said he doesn't care too much about this job, so definitely fight it. Problem with the "fitness for purpose" argument is that technically OP ordered them, including the size, and it's just the fact the sizing is off. How off… I don't know. I try to avoid buying shoes online for precisely this reason, because the same size in different shoes can mean very different things.

          Also another spanner in the works is that the law says the employer has to supply or reimburse the cost of any PPE - and this is the second case because the supplier isn't the employer directly. So it's a bit like OP went and bought boots, gave the invoice to the employer to reimburse, got reimbursed, and now is saying the boots don't fit. Only a bit, because the supplier is the employer's uniform supplier which muddies the situation even more.

          Is the employer responsible for the sizing issues of the uniform supplier? I've no idea. Literally none. Is the employer technically directly supplying the PPE because they paid for the boots directly instead of OP? Very possibly, which would be in OP's favour. But again I can't say for sure.

          All I can say is practically - if OP wants to keep the job - don't make a big fuss. Since OP doesn't care though… he should go for it.

        • Corrugated Ironman on 28/06/2018 - 10:20

          Dude give him(?) a break. His boss is an arsehole FFS

  • TheBilly on 27/06/2018 - 12:59

    Throw your question aside and ask yourself are you really willing to loose your job over having to purchase $100 boots? that answer will answer your question.

    • [Deactivated] on 27/06/2018 - 13:03
      +3

      Funny thing is I asked myself this question straight after the incident & I actually am willing to HAHA. I'm still young & this is a dead end job, & I'm not going to get pushed around & take shit from my manager.

      • HighAndDry on 27/06/2018 - 13:09
        +1

        In that case go for it. Start by asking politely but firmly though - no harm in that.

        • [Deactivated] on 27/06/2018 - 13:12

          sorry asking about what

        • HighAndDry on 27/06/2018 - 13:21

          @jus: Oh, to be reimbursed for a second pair of actually decently fitting boots. Print out the page you quote above about employer responsibilities re PPE.

        • try2bhelpful on 27/06/2018 - 15:14

          they sound about right and not too expensive.

        • Gronk on 27/06/2018 - 15:16

          You beat me to it, this could all be over for the low low price of $30.

        • SlickMick on 28/06/2018 - 08:33
          +1

          @Gronk:
          OP should buy these and sell the one's too big. Should come out ahead.

      • outlander on 27/06/2018 - 16:50
        +1

        Thats a good attitude to have. Learn this stuff now while your young, otherwise you could end up in your 40's, working an extra hour a day for free because your too much of a chump to stand up for yourself.

        There's always the option too to wear the boots, but play dumb and keep complaining. It also gives you a scapegoat ie Why haven't you completed your pallets? "My feet keep hurting because I was given the wrong size boots"

        I've never gone down that path. To me, something like boots is too cheap to make a big fuss over. From what I've heard managers come and go. A new one will come in, think this is their chance to make a big impression, make everyone miserable, and at the end of the day when figures haven't improved they either burn out or get replaced.

  • Ryanek on 27/06/2018 - 13:57

    Sell existing boots on Gumtree and buy new ones at a loss.

    • [Deactivated] on 27/06/2018 - 14:29
      -1

      yeah if it comes to that I probably will, more just wanted to see if I was being reasonable with my expectations.

  • pyramid on 27/06/2018 - 15:48
    +1

    Did you let your employer know as soon as you found that boot are of wrong size and you need smaller size?

  • SlappersOnly on 27/06/2018 - 15:52
    +2

    Sounds like your employer/manager needs a better system of providing PPE where you are directed to a physical store to be fitted and not just order off a website

  • original15 on 27/06/2018 - 17:20
    +3

    Imo sounds like:
    you ordered boots
    Boots took a while to arrive (this is trivial point now)
    Boots you ordered were too big for you
    Did nothing
    Went about business not wearing boots or wearing them a few times
    New manager starts and demands people wear boots for safety reasons

    You say boots don’t fit, but never really did anything about it at the time you received them. And now it’s been months and you’ve worn them a couple of times of course you can’t exchange/return

  • Ken1977 on 27/06/2018 - 19:38
    +1

    Are you in the union? I think safeway has a union.

    • [Deactivated] on 27/06/2018 - 21:35
      +1

      oh wow forgot about that. cheers mate, will talk to them first before I do anything.

  • [Deactivated] on 28/06/2018 - 09:56

    This is one of those times when your union could support you

  • Tnetennba on 28/06/2018 - 10:10

    You could just buy a cheap pair and claim them as a tax deduction. You'll only get a marginal amount back depending on your income, but better than nothing.

    Or you could tell the people you bought the boots off that their terms are unreasonable and demand a refund / exchange under Australian consumer law.

  • Plug on 28/06/2018 - 12:26
    -1

    "Stop receiving shifts"? Sounds like you're a casual employee. If you are I'd have let you go already as you're a crushed toe acvident waiting to happen.

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