What happens if an employee refuses to wear ppe

They put themselves at risk of injury or death and their employers at risk of prosecution. We all know that PPE can be an effective last line of protection.

But how often do you see workers not wearing PPE? In there were fatalities in the workplace and some , non-fatal injuries. However, historical data shows many workers suffering injury were not wearing PPE. PPE can prevent or reduce the risk of eye, head or bodily injury from all manner of activities, often those that you might think are low risk, but especially when handling chemicals and dangerous substances or from working with machinery and tools.

Although workers sometimes refuse to wear PPE on religious or health grounds, most refusals are due to poor management, communication and training. If workers do not understand why PPE is needed or have no say in choosing it, they are more likely to not use it.

Employers must make sure workers are aware of the dangers of not using PPE. They need to be educated in order to buy into the idea that it should be worn. Indeed, education on the risks of injury and training on the use of PPE can change the attitudes and practices that lead to injury.

When faced with workers who refuse to use the provided gear, you need to pin them down on their objections:. Good communication, effective consultation, better training and reasonable adjustment is often enough to head off objections. Your business could face legal action if an employee suffers a work-related injury or ill-health due to insufficient use of PPE. Employees cannot be held accountable, regardless of stubbornness or ignorance. If a worker will not wear their PPE without good reason — despite your attempts to accommodate them — it can be considered gross misconduct and dismissal is allowed.

Read more about dismissal later in the article. By then, damage has already been done to people and the business. Some people have allergies to certain fabrics or have a skin condition that make some materials irritating to wear. Dermatitis, eczema, and psoriasis are just a few examples.

In these circumstances, the employee is still required to wear PPE, but the responsibility shifts back to the employer. They must find their employee suitable gear that accommodates their medical condition or fits them correctly. People with a latex allergy can swap to a synthetic alternative, while those with dermatitis can use PPE specially designed to let skin breathe.

Until you provide appropriate PPE, the employee is well within their rights to refuse. However, they cannot perform safety-critical tasks without it. So you need to temporarily move them to another task until you acquire the right PPE.

Brian Farmiloe, a warehouse worker for Lane Group, was required to wear safety boots but refused as they aggravated his psoriasis. The company aimed to resolve the issue by allowing him to wear his own sturdy shoes. However, during a routine inspection the officer deemed this unacceptable. Lane Group searched for alternative PPE, but was unable to find anything suitable. Likewise, they could not find a less safety-critical role in the company that Brian could be swapped to. So he had to be dismissed.

Lane Group had fulfilled their responsibility to look for alternative PPE and a less safety-critical job for Brian, but because nothing was suitable for him they had every right under health and safety law to dismiss him. In this situation, health and safety overrides employment law. Bourne and Daniel J.

Ferrante and Jana L. Kolarik Judge Leonard P. Lovitch and Rachel E. Ryu and Connor J. Leahy and Stacey A. Fehling and Michael S. Updates from the Fifth Circuit and Yuengert and J. Cohen and Mark E. Article By. Daniel B. Employment Law Worldview. All Federal. Friday, May 22, Related Legal Headlines. By Ahmad Chehab. By Al Ward. The extent to which an employer including supervisors will be liable in such a circumstance will depend upon whether they were aware of the worker not wearing the PPE.

However, the supervisor in charge at the time was aware that the employee was not wearing the protective clothing. If a worker refuses to wear PPE or repeatedly needs to be reminded, some form of disciplinary action may need to be taken against that worker because if employers have instructed the worker to wear their PPE, or have provided written notice directing the worker to wear the PPE, workers do not have the right to refuse a lawful and reasonable direction from their employer.

Maybe there are other forms of conflict in your workplace? Conflict can take many guises and have a widespread impact on your business.