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When you need Personal Protective Equipment (PPE) for your job, it is your employer’s responsibility to provide it. But what if that helmet, gloves, or safety shoes don’t fit properly, and your employer refuses to order the correct size? In this article, I discuss this issue with Dutch employment law attorney Suzanne Meijers.
Why an employer provides PPE in the wrong size
Let’s first go back to the root of the problem. As strange as it may sound, there are employers who refuse to provide their staff with properly fitting protective equipment. I have received several reports about this, particularly from women.
Often, the protective equipment is too large because the employer only wants to purchase the one size that is most commonly worn. Sometimes multiple sizes are purchased, but even then, some employers opt only for the most common sizes. That might seem logical, but when your size is much smaller or larger, this can become a problem. Protective equipment that is too large or too small makes the job less safe. If you wear gloves, safety shoes, or a helmet that are too big, they can fall off or get caught on something. You could trip, and in some cases, your protective equipment could get stuck in or between machinery. In short, this is very dangerous.
Employees who report that they haven’t received the correct size are sometimes dismissed by their employers as ‘difficult’ or ‘troublesome.’ They are told that there are no other options, and the conversation ends there.
In most cases, however, smaller or correct sizes are indeed available. One of the women I spoke to told me that she always wears gloves that are too big at work. Her supervisor said that smaller sizes didn’t exist. But when the gloves that were normally used were temporarily unavailable, the smaller sizes suddenly could be ordered.
Employer refuses to provide PPE in the correct size: what now?
Unfortunately, there is no case law that explicitly states that an employer is required to provide clothing and PPE in the correct size. According to employment law attorney Suzanne Meijers, this does not mean that employees are obligated to work with ill-fitting protective equipment.
“When PPE doesn’t fit, the question is whether the employer has fulfilled their duty of care. Do the protective measures sufficiently safeguard the employee to carry out the work under safe conditions?
If you feel that you cannot safely perform your job, I recommend addressing this with your employer. Explain the risks you face when your PPE doesn’t fit properly. Also, point out that it is the employer’s responsibility to fulfill their duty of care. If a workplace accident occurs, it is likely that the employer will be held accountable for shortcomings related to PPE, especially if you have previously indicated that it is not sufficiently safe.”
PPE and Accidents
If the employer still refuses to provide suitable PPE, Meijers advises escalating the issue to other parties.
“Should your employer fail to recognize the need for change after a discussion, you can submit your request in writing. If you still don’t receive a response, bring the issue to the attention of the Works Council.
If that doesn’t help, or if the company doesn’t have a Works Council, you might consider reporting the issue to the Labor Inspectorate. I don’t recommend this lightly, for several reasons. First of all, this will strain the relationship between employer and employee. Moreover, it’s uncertain whether you’ll achieve your goal this way, and you might be better off pursuing it through other means. That’s why it’s wise to seek legal advice beforehand.”
Finally, don’t forget that an employer is responsible for your safety not just legally, but also morally. If this duty is not taken seriously after several discussions, you should question how important it is to continue working for this company. Do you want to put yourself in danger every day? Or is it time to look for an employer who does take your safety seriously?
Best regards,
Aileen