PPE

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janineq
Posts: 2
Joined: 04 Feb 2015, 11:29

PPE

Unread post by janineq » 04 Feb 2015, 11:38

If a worker refuses to wear the PPE that is issued by the Company, can the Company make them sign a letter stating that they were issued with PPE and know the consequences of not wearing it. Does this cover the Company?

Jan du Toit
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Joined: 18 Jun 2009, 14:35
Location: Gauteng
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Re: PPE

Unread post by Jan du Toit » 09 Feb 2015, 06:46

Even if the employee did sign the letter I would still not allow him to work without the PPE. No work no pay and also disciplinary action for refusing to wear PPE.
Jan du Toit is available to assist employers with all IR related matters.

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janineq
Posts: 2
Joined: 04 Feb 2015, 11:29

Re: PPE

Unread post by janineq » 09 Feb 2015, 09:01

Thank you - I agree with you! I just need to know whether this is acceptable under the Act?

Mc Safe
Posts: 19
Joined: 19 Feb 2015, 20:44

Re: PPE

Unread post by Mc Safe » 19 Feb 2015, 21:16

Section 41 of No. 85 of 1993: Occupational Health and Safety Act as amended by Occupational Health and Safety Amendment Act, No. 181 Of 1993 states

41. This Act not affected by agreements

Subject to the provisions of sections 10 (4) and 37 (2), a provision of this Act or a condition specified in any notice or direction issued thereunder or subject to which exemption was granted to any person under section 40, shall not be affected by any condition of any agreement, whether such agreement was entered into before or after the commencement of this Act or before or after the imposition of any such condition, as the case may be.

In other words, even if you have an agreement or the employee signs to say that he wont wear PPE, the agreement is not valid under this act.

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