If an employer has identified a hazard in the workplace and cannot reasonably eliminate it or isolate it, he must minimise it. This means the employer has to lessen the likelihood of harm being caused by the hazard.

This responsibility includes, where appropriate, providing suitable protective clothing and equipment to employees to protect them from the hazard. Employers must also instruct employees in the use of any protective equipment provided.

An employer does NOT comply with this duty by:

• Giving money to an employee instead of providing the protective clothing or equipment; or
• Requiring an employee to provide his or her own protective clothing or equipment as a pre-condition or condition of employment.

An employer does not have to comply with this duty in relation to protective clothing if:

• An employee genuinely and voluntarily chooses to provide their own suitable protective clothing for reasons of comfort or convenience; and
• The employer is satisfied that the protective clothing is suitable.

Note that this only applies where the employee wants it to - not where the employer creates pressure for it to happen.

But note also that where the employer is not satisfied with the suitability of the clothing he or she should explain to the employee why that is so.

An employee who has chosen to provide their own protective clothing may, after giving reasonable notice to the employer, choose that the employer provide protective clothing instead of providing it themselves.

In all of this employers should get the benefit of their employees' knowledge by talking to them and/or their representatives (including unions) in good faith about the best way to do things.

Go To

• Definition of all practicable steps
• Definition of hazard
• Hazard identification and management
• Fact sheet: Personal protective clothing & equipment pdf file [size: 27KB]