Dear reader,

One of the major complaints I hear from employers is the difficulty they have enforcing the rule that all employees must wear their PPE. A few weeks ago, I received a question from a subscriber describing just such a problem. The situation was so commonplace, I wanted to share it with you here.

PPE is NON-NEGOTIABLE!

Question

If one of our employees has a health problem with his feet and refuses to wear safety shoes where do we stand with regards to liability compensation etc if he has an accident on site?

Answer

If you require an employee to wear any PPE because of a risk you’ve identified on site, and as part of managing this risk, all employees working in/entering that area must comply with that requirement. In this specific case, the employee can’t refuse to wear safety shoes due to the risk in the area and the legal implications of non-compliance to safety risk management actions.

I would, to manage this case, investigate different types of safety shoes for this employee, to find something suitable for him. Should you be unsuccessful, and based on the fact that the person can’t work in the area without safety shoes, you might want to consider a process of relocation, i.e. alternative work in your workplace where you don’t require safety shoes. If this isn’t successful/possible, your employee is ultimately unable to fulfil his contractual obligation to your company and you’ll need to begin dismissal procedures. 

In the name of safety,

Christel Fouché
Editor-In-Chief: Health and Safety Advisor