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September 2011
IN THIS ISSUE
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PPE – Employer Responsibility
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Employing Young People
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Opportunity
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Caption Action – Be In To Win
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1) PPE – Employer Responsibility – DoL FAQ
Does an employer have to provide his/her employees with protective equipment and personal protective clothing?
Yes. Where a worksite has significant hazards that could result in harm to an employee, the employer must provide suitable protective equipment and/or suitable personal protective clothing at NO COST to the employee. Protective clothing or equipment can be generally classified as any device or apparel used to protect against the effects of contamination or physical harm. A list of such items will be large but may include the following broad categories:
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Apparel to cover the body (e.g. overalls, aprons)
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Items to protect hands and feet (e.g. gloves, safety boots)
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Respiratory protection devices (e.g. dust masks, air-fed or canister respirators)
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Hearing protection devices (e.g. earmuffs, earplugs)
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Eye safety protection (e.g. safety glasses, goggles)
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Items to protect the head (e.g. hard hats)
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Safety harnesses and allied equipment
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Life Jackets and buoyancy aids
If an employee genuinely and voluntarily prefers to provide their own protective clothing they may do so, instead of the employer providing it. However, the employer must still ensure that the protective clothing offers adequate protection and that it is worn to minimise the hazard.
If the employee later asks the employer to provide protective clothing and gives a reasonable period of notice, the employer must provide it. This applies only to personal protective clothing. The employer must always provide any necessary protective equipment
Can an employer require casual or temporary employees to provide their own personal protective equipment?
No. Health and safety law requires employers in all industries to provide employees with personal protective clothing and equipment (PPE) where necessary to protect them from workplace hazards. Casual and temporary employees have the same rights as any other employees to have their health and safety protected while at work.
If an employee genuinely prefers to provide his/her own protective clothing, this is allowed.
There must be no coercion. The employer must be satisfied that any such protective clothing is suitable for the purpose. The employee then has the responsibility to ensure it is worn. The employee may later, after giving reasonable notice to the employer, choose for the employer to resume the responsibility to provide protective clothing.
Ownership of the supplied protective equipment and protective clothing remains with the employer. The employer can require the employee to return the equipment or clothing issued to them on termination of employment. Alternatively, a condition can be included in the employment agreement stating that a fixed amount will be deducted from the employee's final pay if the equipment or clothing is not returned. The employer may not deduct a bond from an employee's pay.
2) Employing Young People
An employee under 15 years old is restricted in the places where they can work. An employer must ensure the young employee is safe at work and doesn't do any work which is likely to cause the employee harm.
This means an employee who is under 15 cannot work:
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In a factory or other place where things are being prepared or made for sale;
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On a construction site;
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In a forest where trees are being cut down or processed; or
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In any area where the work being done is likely to harm the employee.
These restrictions also apply to people under 15 visiting the workplace. They don't apply to any areas if the employee works at all times in an office in that area, or in any part of that area used only for selling goods or services. They don't apply to visitors who are under direct adult supervision, on a guided tour or who are in areas accessible to the public.
Also, an employer cannot employ anybody aged less than 18 years to work in any restricted area of licensed premises. Some exemptions apply for specific types of work, such as cleaning, serving meals and stocktaking.
3) “I always tried to turn every disaster into an opportunity.” – John D. Rockefeller
A bus carrying five passengers was hit by a car in Boston, Massachusetts, but by the time police arrived on the scene, fourteen pedestrians had boarded the bus and had begun to complain of whiplash injuries and back pain.
4) Caption Action – I never met a chocolate I didn’t like: Be in to win a very special treat from Bennetts Chocolatier – Famous NZ handmade chocolate. Send your safety related caption to secteam@securo.co.nz or fax them to: 09 307 3360. Good luck!
Last Month’s Photo:
Winning Caption: ..." dammit Bob, I've told you before about not wearing your safety helmet!! If that damned chainsaw falls on you, you could get hurt"!
Congratulations: Steve Wing, ODL Group Ltd, Christchurch
This Month’s Photo:
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