Hi Andrew, Unfortunately, in this case Section 28 does not apply. If you look at the WHS Regs (both the model regs ,Victoria's OHS Regulations and the Tas Regs) it is very clear in Part 3.2 General Workplace Management Regulation 44 it is made very clear that "the person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking.
The person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subregulation (2)is
(a) selected to minimise risk to health and safety, including by ensuring that the equipment is
(i) suitable having regard to the nature of the work and any hazard associated with the work; and
(ii) a suitable size and fit and reasonably comfortable for the worker who is to use or wear it; and
(b) maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is clean and hygienic; and (ii) in good working order; and (c) used or worn by the worker, so far as is reasonably practicable.
From my reading of the OHS and WHS regulations, nothing here that suggests that the Worker is responsible for providing their would PPE. Often what organisations do is reimburse workers for things like footwear, prescription safety glasses where they tend to be more personal items.
Section 28 sets out basically that they need to comply with any reasonable instruction given by the PCBU and co-operate with any reasonable policy or procedures. (i.e. if the PCBU requires the worker use PPE (i.e. safety shoes) then the worker need to then comply with what is basically a lawful interaction. There is noting in Section 28 that requires the worker to supply their own PPE (unless they were a sole trader)!
I hope this clarifies the legislative and regulative requirements around the supply of and wearing PPE.
Regards
Lisa
www.labsafety.com.au
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Lisa Stevens
Principal OHS Consultant
Lisa J Stevens And Associates
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Original Message:
Sent: 17-06-2024 10:02
From: Andrew Glasson
Subject: Shoes in the lab
Like what others have said I wear steel capped boots.
Everyone has the responsibility to look after their health and safety at work (Section 28 Duties of Workers - Work Health and Safety Act 2012 Tasmania), but surely there would be a similar section in legislation in the other states and territories.
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Andrew Glasson
Original Message:
Sent: 13-06-2024 16:46
From: Daniel Turner
Subject: Shoes in the lab
Now this is the type of discussion thread that I hope to see far more of in future.
Thanks to @Sandy Lindsay for the question and all those who contributed.