PPE -- The Employer Must Supply It Free
PPE -- The Employer Must Supply It Free
Personal protective equipment is not a payroll deduction and it is not optional. The OHS Act and the Construction Regulations put the duty to provide it on the employer, free of charge. What is covered and who must do what.
The duty (OHS Act and Construction Regulations)
| Employer | Section 8 of the OHS Act requires the employer to PROVIDE personal protective equipment, free of charge -- never a wage deduction |
| Principal contractor | Must ensure all workers on site actually wear it |
| Worker | Section 14 requires the worker to USE what is provided; refusing is an offence |
| Fit matters | PPE must fit the wearer -- a loose harness, oversized hard hat or gloves you cannot grip in are a safety failure, not a comfort niggle |
Minimum site PPE
| Always | Hard hat, high-visibility vest, safety boots |
| Task-specific (as the risk demands) | Eye protection, gloves, respiratory protection (FFP3 / P3 for silica), hearing protection, and a harness for work at height |
PPE is the last line, not the first
- The control hierarchy is eliminate, substitute, engineer, administrate, THEN PPE -- reaching for a mask or muffs first is the wrong order
- Having PPE in the bakkie is not compliance; the duty is wear-it-on-site
Reference only -- not legal advice. Charging a worker for PPE, or treating it as optional, breaches the OHS Act. The principal contractor's duty is to enforce it, not just hand it out. Verify against the OHS Act and Construction Regulations 2014 at labour.gov.za.
Sources: Occupational Health and Safety Act 85 of 1993 (sections 8 and 14) · Construction Regulations 2014 · Department of Employment and Labour
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