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Personal protective equipment: who pays for it and when it is replaced

The questions of who pays for personal protective equipment and when it should be taken out of use are, in practice, connected: without a clear replacement deadline, the cost is sooner or later shifted onto the employee. Below is an overview of what the employer covers, what to check on receipt, and which criteria indicate that the equipment no longer provides protection.

Who pays: free of charge for the employee

Personal protective equipment (PPE) is selected, provided and paid for by the employer; the employee contributes nothing towards it. This follows from occupational health and safety legislation and from the regulation on personal protective equipment used by employees at work. The basis for selection is not a catalogue but a risk assessment: it must show which equipment covers which risk at which workplace, and what level of protection is required.

The employer's cost does not consist only of the product itself:

  • equipment in the correct size and cut, including women's cuts and the smallest and largest sizes
  • replacement upon wear, damage or loss of protective properties
  • maintenance: washing, servicing, replacement pads, filters, hygiene kits
  • training in correct use and record-keeping
  • special versions where required by the risk assessment, for example prescription safety glasses or custom-moulded ear plugs

Transferring the cost to the employee, i.e. a deduction from wages, a deposit, or a “buy it yourself, we'll reimburse you later” arrangement, is contrary to the principle of free provision. If an employee wants a more expensive model than the one required by the risk assessment, the additional cost is a matter of internal agreement, while the appropriate basic equipment must remain free of charge.

Two situations regularly cause disputes. For agency and posted workers, specify in the contract who provides the equipment; responsibility for safe conditions at the worksite generally remains with the company where the work is actually carried out. For subcontractors, include the requirement for the same level of protection in the purchase order itself. Workwear without a protective function, such as a polo shirt with a logo, is not PPE in the legal sense, even though companies often pay for it; check the tax treatment with your accounting department.

What to check on receipt: CE, category, documentation

The placing of personal protective equipment on the EU market is governed by Regulation (EU) 2016/425. Upon receipt of goods, and always before submitting a tender for public procurement, check four things.

  • CE marking. For category III equipment, the marking is accompanied by the four-digit number of the notified body that monitors production conformity. For categories I and II, this number is not present.
  • Risk category. Category I covers minimal risks, category II intermediate risks, which includes much of safety footwear and high-visibility clothing, and category III covers risks with fatal or irreversible consequences: falls from height, respiratory hazards, hazardous chemicals, harmful noise, high temperatures, electric shock.
  • EU declaration of conformity for the specific model. It must be enclosed with the equipment, or the instructions must state the web address where it is available. Public procurers regularly require it already at the quotation stage.
  • Manufacturer's instructions in Slovenian. These state the service life or expiry date, maintenance method, limitations of use, and, for clothing, the maximum number of cleaning cycles.

Class markings change between editions of standards. The newer edition of EN ISO 20345 for safety footwear introduces markings S6 and S7 in addition to S1 to S3, and for the anti-perforation insert it distinguishes between PL and PS markings depending on the diameter of the nail used in testing. Slip resistance is a basic requirement for all footwear in this edition, so the markings SRA, SRB and SRC are no longer used in it. When comparing quotations, check which edition of the standard the model is certified under. The meaning of individual markings is compiled in the glossary of standards.

Three criteria for replacement

Equipment is taken out of use when at least one of three criteria is met, not only once all three are met.

  1. Manufacturer's deadline. Date of manufacture, shelf life on the packaging, and service life stated in the instructions.
  2. Damage or incident. A helmet after an impact, a safety harness after arresting a fall, footwear after a strong impact to the toe cap, gloves after chemical spillage. Such equipment is taken out of use immediately, even if it appears intact.
  3. Loss of protective properties during normal use. Worn sole tread, faded fluorescence, exceeded number of washes, an oil-soaked flame-resistant garment.

For most equipment, the deadline is not a date on a calendar but a condition. That is why a brief check before a shift is part of using the equipment, and a record of issue and replacement shows whether equipment is being replaced too soon or too late.

Criteria by equipment type

Equipment and standardWhen to take out of useWhere it is stated
Safety footwear, EN ISO 20345worn sole tread and loss of slip resistance, visible or deformed toe cap, punctured uppermanufacturer's instructions, visual inspection
High-visibility clothing, EN ISO 20471maximum number of washes exceeded, faded fluorescence, peeling or cracked reflective tapecare label stating the maximum number of cleaning cycles
Gloves, EN 388 and EN ISO 374holes, wear, stiffening; for chemical gloves, according to the breakthrough time for the specific substance, not the number of days worntechnical data sheet with protection levels and breakthrough times
Helmet, EN 397manufacturer's expiry date, immediately after an impact, in case of cracks or a chalky shell surfacedate of manufacture embossed on the shell, and the instructions
Filtering face mask, EN 149the NR marking means single-shift use, the R marking allows multiple uses as per the instructions; even an unopened mask has a shelf lifemarking on the mask, expiry date on the packaging
Fall protection equipment, EN 361 and EN 363immediately taken out of use after arresting a fall; otherwise, periodic inspection by a competent person, generally at least every 12 months in accordance with EN 365manufacturer's instructions, inspection card
Safety glasses, EN 166scratched or corroded lenses impairing vision, damaged frame or headbandvisual inspection
Earmuffs and earplugs, EN 352hardened or cracked cushions, loss of sealing; single-use earplugs after each usehygiene kit and interval specified in the instructions

There is one more rule for footwear that is often forgotten in the warehouse: polyurethane midsoles can hydrolyse over time even inside an unopened box, which is why manufacturers often state a recommended storage period. Rotate stock on a first-in, first-out basis, and avoid stockpiling several years' worth of sizes that are rarely needed. Choosing the right class based on flooring and puncture risk is explained under safety footwear.

Seasonal clothing: cold, wind and rain

For outdoor work, the criterion is not only wear but also the conditions for which the garment was tested. Three standards most often appear in quotations:

  • EN 342: clothing and sets for protection against cold. The declared thermal insulation applies to the layer assembly as tested, so replacing the base layer changes the result.
  • EN 14058: individual items for moderately cold environments, i.e. where a full winter outfit is not required.
  • EN 343: protection against rain. Resistance to water penetration and resistance to water vapour transfer, i.e. breathability, are classified separately; a higher class means a better property.

With this clothing, protection is first lost at the seams, zips and surface coating: soaked shoulders, a lifting tape over the seams, matted or permanently damp insulation. Water-repellent impregnation can be restored on some materials, but a damaged membrane or taped seams cannot. If the item is also high-visibility, the stricter of the two criteria applies: once the fluorescence fades or the maximum number of washes is exceeded, the item is no longer high-visibility, even if it still keeps out the rain. The winter range is described under seasonal clothing.

Records: what must be documented

The same set of documents is checked during inspection and in tender documentation, so it pays to have them all in one place:

  • risk assessment with the required types and classes of equipment by workplace
  • internal policy or list of who receives what and within what deadline
  • issue records with the recipient's signature and dates of issue and replacement
  • evidence of training in use, and for more demanding equipment also of a practical demonstration
  • EU declarations of conformity and instructions for use for the delivered models
  • records of periodic inspections, for example an inspection card for fall protection equipment

For procurement purposes, a simple review is useful: how many units of each type were issued in the year and what is the average time to replacement. If footwear is replaced significantly faster in the same team than in comparable workplaces, the cause is often the wrong class for the surface rather than product quality. The same records serve as the basis for estimating annual quantities by lot in public procurement.

Personal protective equipment is paid for by the employer, and it is selected based on the risk assessment, not the price list. On receipt, check the CE mark with category, the EU declaration of conformity and instructions in the local language; during use, the equipment is taken out of use on the manufacturer's deadline, after an incident, or upon loss of protective properties, whichever occurs first. Documented criteria and an issue record make replacement predictable.

FAQ

Can an employer charge an employee for the cost of safety footwear?

No. Equipment required by the risk assessment is provided and paid for by the employer; the employee does not contribute anything towards it. A deduction from wages or a deposit for basic equipment is not in line with the principle of free provision. If an employee chooses a more expensive model than required, any additional payment is a matter of internal agreement, but appropriate basic equipment must remain free of charge.

How often should safety footwear be replaced?

There is no single deadline. Footwear is taken out of use when the period specified by the manufacturer expires, after a strong impact to the toe cap, or when it loses its protective properties, for example due to a worn sole tread, loss of slip resistance, or a punctured upper. Whichever criterion occurs first applies.

What does the four-digit number next to the CE mark mean?

This is the number of the notified body that oversees production conformity. It appears on category III equipment, i.e. protection against hazards with fatal or irreversible consequences. For categories I and II, this number does not accompany the CE mark.

How many washes does high-visibility clothing withstand?

As many as the number of cleaning cycles stated by the manufacturer on the care label. Once this number is exceeded, or once the fluorescent material fades and the reflective tapes crack, the garment no longer meets the requirements of EN ISO 20471, even if it still looks usable.

Is a safety harness still usable after arresting a fall?

No. After arresting a fall, the equipment is taken out of use immediately and handled according to the manufacturer's instructions, even if no damage is visible. Otherwise, fall-arrest equipment is periodically inspected by a competent person, in accordance with EN 365, generally at least every 12 months, with inspections recorded in the equipment's log card.

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