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Lost PPE

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speshtiny
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Lost PPE

Post by speshtiny » Sun Jul 16, 2017 1:04 pm

Hi, i am after some help or your views on the subject. If you could also please state any references.

In my line of work we are issued specific equipment (bomb suit) for protection from explosions resulting in blast /frag, therefore my understanding it is a form of PPE.

The Company has directed the following decision that any lost or damage by neglect to the PPE will be billed for either the replacement or repair. Employees are to ensure they have insurance to cover the cost of £18000 for the PPE.

Now, am i right with my findings?
Asking employees to provide insurance cost against their PPE could be seen as contravening section 9 of the HSW Act and therefore be seen as an illegal act.

Can a company charge the replacement cost should the employee be found guilty of neglect to damage or lost? The Regulations does not say a lot on this subject, unless they are leaving their line of employment and have taken the PPE without consent.

Thanks in advance for your help in this matter

Steve M
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Re: Lost PPE

Post by Steve M » Mon Jul 17, 2017 10:17 am

Health and Safety at Work etc. Act 1974


1974 c. 37 Part I General duties section 8
Duty not to interfere with or misuse things provided pursuant to certain provisions.

No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions.

Just my take on things, I would expect the employer to take out the insurance and discipline the employee for loss, misuse, or neglect.

Employer, employee relationship may have an impact on the policy, unfortunately, many variables at play that could influence things.
Why has there been a change in policy?
Are they person specific?
What does the contract of employment say?

Not an answer but a line of thought

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Alexis
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Re: Lost PPE

Post by Alexis » Mon Jul 17, 2017 10:37 am

Hi Speshtiny and a very warm welcome to HSfB. :wave:

I tend to agree with Steve regarding the employer having the Insurance and take it up with the individual on misuse or neglect, however........

...Just another thought........if this suit has been specified in the Contract of Employment as being a necessary and integral part of the specific job (a bit like having to have ones own boots before being employed in certain industries), then the employee, (as I see it) having agreed to this contract of having their own insurance, must adhere to the agreement and is liable.

Another however..........if the organisation has used the wording "PPE" in the CoE, perhaps the organisation, by their own admission in their wording, SHOULD be the ones to comply with HSE PPE Regulations and have the full pain of cost laid upon them! This would be my preferred thinking....I think! ;)

Really interesting first post speshtiny. I look forward to other member comments and hopefully some links to substantiate positive conclusion. .scratch
"A candle loses none of its light by lighting another candle."

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http://www.safetyjobsonline.com/

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Alexis
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Re: Lost PPE

Post by Alexis » Mon Jul 17, 2017 10:49 am

I have found the following link which mentions Section 9 of HSWA..

http://webcommunities.hse.gov.uk/connec ... ctId=42990
"A candle loses none of its light by lighting another candle."

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