WHO SHOULD PAY FOR PERSONAL PROTECTIVE EQUIPMENT?

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Published — January 27, 2021 

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

Aside from reading this article about PERSONAL PROTECTIVE EQUIPMENT, read also: COVID – 19 AND ITS IMPACT ON THE MANAGEMENT PREROGATIVE OF EMPLOYERS

• A Personal Protective Equipment (PPE) is a specialized clothing or equipment designed to protect workers

• It is the duty of the employer to provide his workers the needed Personal Protective Equipment

• A Personal Protective Equipment is free of charge

My courage comes from God’s protection. – Michael L. Ceorgoveanu

The word “Personal Protective Equipment” or “PPE” became more popular because of the Covid-19 Pandemic. Some of the employees, especially those who were constrained to work, were unsure on how to deal with the expenses relating to PPEs.

What is a Personal Protective Equipment?

The law says:

Personal Protective Equipment (PPE) refers to a specialized clothing or equipment designed to protect workers against safety and health hazards that may cause serious workplace injuries and illness. Examples of PPE include such items as gloves, foot and eye protection, protective hearing devices, hard hats, respirators and full body suits. During this time of pandemic, the most common and visible PPEs are face masks and face shields.

This PPEs are expected and should be worn in any site or location where workers need to be present or to go to by reason of their work, and which are under the direct or indirect control of the employer, including but not limited to, work areas, employee lounges and restrooms, conference and classroom spaces, employee cafeterias, hallways and emergency access.

Who should pay for Personal Protective Equipment (s)?

The law says:

Every employer, contractor or subcontractor, if any, shall provide his/her workers, free of charge, PPE for any part of the body that may be exposed to hazards, and lifeline, safety belt or harness, gas or dust respirators or masks, and protective shields whenever necessary by reason of the hazardous work process or environment, chemical, radiological, mechanical, and other irritants or hazards capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact.

Thus, it is clear that the cost of the PPE(s) shall be shouldered by the employer. The cost of the PPE is treated as part of the operations cost of the employers.

Take note that all PPE must be of appropriate size, weight, and type to specific workers exposed to hazards from which PPE are meant to ensure effective protection. Issuance of PPE shall be supplemented by training on the application, use, handling, cleaning and maintenance of said PPE in accordance with the manufacturer’s recommendations.

Also, it is important to know that failure to provide appropriate PPE, especially in high-risk activities, shall give rise to the right of the worker to refuse unsafe work.

What are the workplaces associated with high-risk activities?

The law says:

The following are workplaces commonly associated with potentially high-risk activities:

1. Chemical works and chemical production plants;
2. Construction;
3. Deep sea fishing;
4. Explosives and pyrotechnics factories;
5. Firefighting;
6. Healthcare facilities;
7. Installation of communication accessories, towers and cables;
8. LPG filling, refilling, storage and distribution;
9. Mining;
10. Petrochemical and biofuel works and refineries;
11. Power generation, transmission and distribution in the energy sector;
12. Storage, handling, and distribution center for toxic or hazardous chemicals;
13. Storage and handling of fertilizers in high volume;
14. Transportation;
15. Water supply, sewerage, waste management, remediation activities;
16. Works in which chlorine is used in bulk;
17. Activities closely similar to those enumerated above and other activities as determined by the Department of Labor and Employment.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

All rights reserved.

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