When should the employer provide the employee with personal protective equipment, clothing and work shoes?

The employer must provide the employee with work clothes and footwear if:

• the employee’s own clothing may be damaged or significantly dirty,

• there are special technological, sanitary or occupational health and safety requirements.

Work clothes and footwear are provided to the employee free of charge and are the property of the employer. If the employment relationship is terminated, the employee must return it to the employer.

Personal protective equipment must be used when hazards cannot be avoided or reduced sufficiently by collective protection measures (e.g. ventilation, protective barriers, partitions) or by appropriate work organization.

Personal protective equipment that the employer equips employees with must meet the requirements for conformity assessment, which is confirmed by the CE mark. Personal protective equipment should meet the following criteria:

  • Be appropriately adapted to the existing threat, taking into account the type, intensity or concentration of harmful and dangerous factors.
  • Take into account ergonomic requirements and the employee’s health condition
  • Be adapted to the conditions prevailing in the workplace.
  • After proper adjustment, be properly fitted to the employee.
  • Allow for mutual adjustment without loss of protective properties when it is necessary to use several protective measures at the same time.

Employees may use their own work clothing or footwear, provided that certain conditions are met. The employer is obliged to establish a list of positions where such a practice is accepted. In addition, the employee’s consent is required to use his or her own clothing and footwear, provided that they meet occupational health and safety standards. The employer pays an employee who uses his or her own work clothes and footwear a cash equivalent in the amount taking into account their current prices.

The employer has no right to allow the employee to start work without appropriate personal protective equipment and dedicated work clothing and footwear intended for use at a given workplace. Additionally, the employer is obliged to monitor and ensure that employees comply with the obligation to use these agents in accordance with their intended purpose.

The employer is obliged to wash, repair, remove dust and disinfect personal protective equipment assigned to employees, as well as work clothing and footwear. If the employer is unable to provide washing of work clothes, the employee has the opportunity to carry out these activities himself and in return receives a cash equivalent.

Source: praw.pl

Source:https://www.seka.pl/srodki-ochrony-zdrowie/

Region Gdański NSZZ „Solidarność”

Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.

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