Temp worker asked to buy own safety shoes

hi, first time poster, long time reader (not entirely true, but i always wanted to say that)

my question relates to my friend's work. she is employed as a temp office worker processing paperwork for the adjacent warehouse. occasionally she has to carry out some work in the warehouse, and it is required to wear work shoes with reinforced toes.

the question arises because her manager asked her to buy the shoes herself, as some of her temp colleagues have already done. however neither of us are sure wether she is obliged to buy these from her own wages, or wether the company is obliged to make sure she wears them, and thus provide them. it wouldn't be such a big issue but on monday one of the others was told to buy the shoes or not come back to work.

she isn't sure wether the permanent employees are in the same position, but she suspects not, as they have uniforms with the company logo.

many thanks
akaoh

Employers have a duty of care to protect the health and safety of all employees (i.e. temporary and permanent). It might be work while having a read of the HSA's website www.hsa.ie. The Health & Safety at Work Act 2005 does not diffrentiate between temporary and permanent workers - both should have their health & safety ensured by the Employer at their work place.

maybe any legal experts reading this could confirm / elaborate.

If the PPE required is essential for the employees work, then the employer is obliged to ensure that adequate clothing is available, issued and worn, where necessary.

it clearly stated that PPE must be provided for all employees where required - she can ask to see a risk assessment for her job but i suspect that could possibly lead to her notice period (very cynical). Instead she could go halves on a nice pair of boots catterpiller (employer only obliged to pay for bog standard boots so if you put some € to that you could get nice ones) or get the warehouse staff to collect their own mail perhaps?

2005 SAfety, Health and Welfare Act (includes temp. employees) and the 1989 Regulations clearly state the employers duties in relation to PPE. Leave an anonymous note on his desk saying this or report the situation to the HSA

thanks for the information. i reckon a meal with wine is on d cards. should cost about 3 times the price of the shoes.

boots....

heard a rumour that ryanaer staff have to buy their own uniforms and first aid kits!

friend is a skilled joiner, has to buy his own boots. not allowed into work without the boots.

vladamir said:

friend is a skilled joiner, has to buy his own boots. not allowed into work without the boots.

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Is he an employee, or a self-employed contractor?

employee, of several years.

also, has to wear the blue snickers safety trousers with the knee pads in them, which he also must buy himself.

sure, even when you start in templemore you have to give them 4 or 5 hundred euro on your first day for your uniform, boots etc.

The act just relates to PPE - ie personal protective clothing - it would not cover a uniform - however the first aid kit and steel toe cap boots would be covered.

Is it that big a deal, €30 for a pair of boots?
I agree that they should be supplied but it's not a major issue of principal, it's just a bit annoying. If she is well paid and likes the job then why not just buy her own. If she doesn't like the job and/or is not getting well paid for the work she does then make a fuss.

Its responses like Purples above that allow companies to get away with this type of thing - if the protective clothing is a health and safety requirement, then no way should employees be expected to pay for the items themselves. If you work for yourself (or wear a uniform) its a different story. This employer is clearly in breach of the H&S legislation and will continue to neglect his/her responsibilities for as long as he/she can get away with it.

Ryanair did have to buy their own Uniform I heard Mr o Leary say it himself, there is a point to it you pay for it you will look after it better

aonfocaleile said:

Its responses like Purples above that allow companies to get away with this type of thing - if the protective clothing is a health and safety requirement, then no way should employees be expected to pay for the items themselves. If you work for yourself (or wear a uniform) its a different story. This employer is clearly in breach of the H&S legislation and will continue to neglect his/her responsibilities for as long as he/she can get away with it.

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If the employee looses their safety clothing does their employer have to replace it? If so how often, every week?
I don’t see why it’s ok to require an employee to pay for a uniform, costing a lot more than €25, and it’s not ok to ask them to buy their own safety shoes. Personally I would buy the shoes for an employee but I don’t see it as a major form of exploitation. There are much bigger issues out there than this to get hot under the collar about. In the same way I would expect a level of flexibility from the employer on other issues that would favour the employee. I’m not a big fan of rigid demarcation of application of contracts of employment. I also think that the majority of that flexibility should favour the employee.

I accept your point about flexibility and agree with you, but I don't think its unreasonable for an employer to provide a safe working environment for all staff, regardless of the nature of their contract or how long they will be working there. This includes protective clothing when necessary. My issue here is not with the specific item but with H&S legislation in general - if the PPE aspect is being ignored, what other aspects are also ignored? The amount of money here is low and no, its not a major form of exploitation to ask staff to buy their own safety shoes, but its the whole principle of H&S and how serious the matter is.