Safety boot exemption certificate

[pcspb1]

If you have a medical condition and the employer supplied boots are not suitable for you, you will more than likely have to provide written proof for your employer, for example a doctor's note. [The Personal Protective Equipment (PPE) Regulations state that an employer must take account of the health of the person wearing the PPE].

 

It does not negate the need to wear safety boots, just exempts the wearer from wearing the employer supplied safety boots. This leaves the employee with the responsibility for providing themselves with the required level of PPE (Personal Protection Equipment) - in this case boots. The boots must meet at least the minimum standard of protection required, be certificated and carry the relevant British Standards Number on the sole of each boot.

 

With that said:

 

"The legislation is clear: the Personal Protective Equipment (PPE) at Work Regulations 1992 contain no provision for exemptions from using or wearing PPE on religious, medical or other grounds" - Health & Safety at Work

 

Your supervisor is in effect, wrong.

[cgksheff]

http://www.healthandsafetyatwork.com/hsw/content/refusal-wear-ppe

 

Not excused boots

 

Warehouse worker Brian Farmiloe suffered from the skin condition psoriasis, which meant he could not wear the safety boots his employer Lane Group had identified as necessary.

 

As a concession, the company instead allowed him to wear his own sturdy shoes. But during a routine inspection, an officer from North Somerset Council decided this was unacceptable.

 

Lane Group tried and failed to find suitable alternative footwear that satisfied safety requirements without aggravating Farmiloe's condition. After also failing to find suitable alternative work, it dismissed him.

 

An employment tribunal upheld his claim of discrimination but the Employment Appeal Tribunal later reversed this decision. It held that the employer's risk assessment had deemed that PPE was necessary. In this case, the employer must take reasonable steps to find PPE suitable for an individual employee and if this is not practicable then it must look for suitable alternative work. But if neither is available, duties under health and safety law override employment law.