Many governmental health and safety bodies fine employers for disregarding PPE.
For example, OSHA can issue citations to an organization for each worker ignoring or improperly following PPE standards.
To receive a per-employee fine, the employer must meet one of these requirements:
Many violations caused high rates of injuries or illnesses
A violation led to damage such as a worksite catastrophe, worker fatality or injuries and illnesses
The employer has violated regulations in the past or has purposely disregarded OSHA-mandated responsibilities, undermining the effectiveness of an OSHA program
The employer’s overall conduct – as partially demonstrated through employees – demonstrates a lack of faith in OSHA
Your actions can lead to these violations, incurring fines for your employer.
If you find a given piece of PPE to be uncomfortable, you should ask your employer for an alternative or suggest a different model.
Outright refusal to wear PPE on the grounds of comfort is unlikely a valid reason in the eyes of your employer. On the other hand, your employer may see refusal due to health or religious issues as legitimate.
For example, if a particular pair of work boots triggers a skin condition such as psoriasis, your employer should work with you to find another method of foot protection – even if it simply involves providing a different kind of footwear.
Regardless, you should discuss issues regarding inability to use PPE with your supervisor.
First and foremast, you or your colleagues must alert management and seek the appropriate level of medical attention.
Beyond this, the specific answer to the question depends on factors such as:
The severity of the injury: You may be entitled to worker’s compensation. For example, some legal acts ensure compensation for wage loss as the result of a work-related injury or disability.
The cause of the injury: If it was the result of a complete accident, bringing the cause to your employer’s attention is the first step in it being addressed. But if you felt you were injured because of employer negligence, such as inability to identify hazards, you have the right to seek legal consultation.
Legal protection: Depending on legislation, you may be able to hold your employer accountable for damages if you feel their negligence was at least partly responsible for your injury.
After receiving medical attention, keep these factors in mind as you consider your next step – be it asking for a brief, paid absence or pursuing legal action.
Just as if you were wearing PPE, your first steps are to alert management and seek medical attention.
However, you likely do not have the same range of options afterwards.
Although you may receive worker’s compensation, you may not be able to hold your employer accountable for your disregard for PPE. Especially if your managers taught you how and when to use PPE, as per legislation.
Because of this, company policy will generally determine a course of action.
