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Health & Safety issue

  • 25-11-2008 10:27am
    #1
    thecleverone
    Closed Accounts Posts: 337 ✭✭


    Just wanted thoughts on the following:

    Two guys working on a construction site. One is an employee of the construction company and the other is a subcontractor. They have both been called in by management in relation to not wearing helmets on site. The employee's standard contract of employment states that he has to wear a helmet on site and the subcontractors contract requires him to wear a helmet at all times.
    The problem is that neither of them were provided with safety helmets which i'm presuming the employer should have provided under the health & safety act. But the employees are also under a duty to use reasonable care which i would presume would include wearing a helmet.
    Who is at fault here? The employees for not wearing helmets or the employer for not providing them?


Comments

  • #2
    Thoie
    Registered Users, Registered Users 2 Posts: 6,344 ✭✭✭Thoie


    Not legal advice, but on most sites people provide their own helmets. The foreman usually keeps a few spares for visitors etc, but even most project managers (who wouldn't be on site every day) have their own helmets, goggles, donkey jackets etc. in the car. The employer would normally provide specialist equipment such as safety harnesses where required, but standard things like hard hats are normally owned by the worker.


  • #3
    Limerick91
    Registered Users, Registered Users 2 Posts: 549 ✭✭✭Limerick91


    Section 8 of the 2005 Safety Health & Welfare at Work Act states that employers must supply PPE.
    Section 9 then states that the employee must waer PPE that is provided


  • #4
    thecleverone
    Closed Accounts Posts: 337 ✭✭thecleverone


    Yes, but employee could argue that section 8 wasn't complied with, so he couldn't comply with section 9 as section 9 states states that the employee must waer PPE that is provided. But it wasn't provided..... So they are both in breach, no?



    I would like to clarify that this is completely a fictional scenario, but one that has been wrecking my head!


  • #5
    Thoie
    Registered Users, Registered Users 2 Posts: 6,344 ✭✭✭Thoie


    I suppose in that case it might center around did the employer have some available if they had been asked, or had the employees ever asked for one? If the employer has an entire room full of hard hats, but the employee never came to get one, then I'd blame the employee.

    I've always found that area funny - if I'm a lab technician, a lab coat is PPE, but you usually get your own. Similarly, steelcap boots (which I don't always agree with, but that's a separate topic) aren't provided by the employer usually - you'd normally get your own.


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