The rule and where it comes from
Article 4 of Law 6331 on Occupational Health and Safety, setting out the employer's general duties, also states that the cost of health and safety measures cannot be passed on to workers. Personal protective equipment is one of those measures, so its provision cannot be shifted to the worker through a pay deduction, a deposit, a “you break it you buy it” practice, or by expecting people to bring their own.
Providing is more than handing over
The duty runs for the working life of the equipment:
- selecting equipment suited to the task and to the person,
- cleaning, maintenance and, where needed, disinfection,
- replacing damaged equipment or equipment that has reached the end of its life,
- instructions for use, and training.
No contribution may be asked from the worker for any of these.
Personal use
PPE is, as a rule, for personal use. Where circumstances require more than one person to use an item, measures must be taken so that no health or hygiene problem arises — and that too is the employer's duty.
Why the record matters
An issue record exists to show that the right equipment is with the right person and when it is due for replacement — not to put a debt against a worker's name. Turning the issue register into a way of charging the cost back inverts the purpose of both the record and the duty.