> Disclaimer: SiteKiln gives you plain-English information, not legal or health and safety advice. Always follow your site-specific risk assessments and talk to a qualified professional.
The short version
If the risk assessment says PPE is needed, your employer (or the firm you're working for) has to provide suitable PPE free of charge and look after it -- you don't pay for it out of your day rate.
Since April 2022, that duty covers most casual "limb (b)" workers as well as standard employees -- so agency lads, many umbrella workers and labour-only gangs are now in scope too.
Why it matters
On small sites it's very common to hear "bring your own boots and hard hat" or "you pay for your own hi-vis if you lose it". That might still be normal for basic gear you prefer, but it's not what the PPE at Work Regulations say when PPE is required by the risk assessment -- particularly for things like helmets, eye protection, hearing protection, gloves and harnesses.
Knowing where the legal line is helps you push back when you're effectively being made to subsidise their legal duties.
What counts as PPE -- and what doesn't
Under the PPE at Work Regs, PPE means kit you wear or hold to protect you from health and safety risks at work -- for example:
- Safety helmets and hard hats.
- Safety footwear.
- High-visibility clothing.
- Gloves (cut-resistant, chemical, etc.).
- Eye protection (goggles, specs, visors).
- Hearing protection (ear defenders, plugs).
- Respiratory protective equipment (RPE -- masks, respirators) where needed.
- Safety harnesses and lanyards for fall-protection.
It does not normally include ordinary work clothes or uniforms not specifically for safety, or kit that's part of the job (like tools) rather than protection.
What the regulations actually require
Under the PPE at Work Regulations 1992 (as amended 2022):
If a risk assessment shows PPE is needed (after you've considered and used other controls), the employer must:
- Provide suitable PPE free of charge to employees and limb (b) workers.
- Make sure it's right for the risk, fits the user, and is compatible with other PPE (e.g. helmet with ear defenders and eye protection).
- Maintain, clean, repair and replace PPE as needed at no cost to the worker.
- Provide training and instructions on how to use, store and look after it.
Workers (employees and limb (b) workers) must:
- Use the PPE properly, as trained.
- Report any loss or defect.
- Return it to the storage place provided at the end of the shift where that's required.
You can't be charged for PPE you are legally required to wear for the work you're doing -- that includes the newer limb (b) workers caught by the 2022 amendment.
Who is covered -- employee, worker, self-employed
The 2022 amendment changed the landscape for small sites.
-
Employees (limb (a)): Have always been covered -- employer must provide PPE free if needed, and maintain/replace it.
-
"Limb (b) workers" (casuals, many agency/umbrella and labour-only): Since April 2022, if the risk assessment says they need PPE, the employer must assess suitability and provide PPE free of charge, and maintain/store/replace it. These workers also now have duties to use it properly and report defects.
-
Self-employed: Not brought into scope by the 2022 change -- they still have duties to protect themselves and others, and in practice they usually buy their own PPE. If you're genuinely self-employed, you should treat PPE as a business cost and choose decent gear. Where a main contractor insists on specific branded PPE, they may still provide that -- but they don't always have to under these regs.
Many readers will be directors of their own LTD and also working under others as "workers" on some jobs, so your status -- and who must pay -- can change from site to site.
Who pays for PPE?
| Your status on this job | If PPE is required by their risk assessment/site rules | Who should pay for it in law |
|---|---|---|
| Employee (on their books) | Yes | The employer must provide and pay for suitable PPE. |
| Limb (b) worker (casual/agency/umbrella, but not genuinely in business on your own) | Yes | The employer must now provide and pay for suitable PPE, same as for employees. |
| Genuine self-employed (in business on your own account) | Depends -- you decide what's needed for your work | You normally buy and maintain your own PPE as a business cost (unless a contractor voluntarily supplies it). |
If they're telling someone in the first two rows to buy mandatory PPE themselves, they're likely offside on the regs.
What your employer must pay for (and typical grey areas)
Firm must pay (if needed by their risk assessment / rules):
- Hard hats on their site.
- Safety boots that meet their minimum spec.
- Hi-vis where required for the site traffic or visibility risk.
- Safety glasses, face shields and hearing protection for noisy/dusty tasks.
- Cut-resistant or specialist gloves where risks warrant them.
- Respirators/masks required for dusts, fumes or chemicals at work.
- Harnesses and lanyards where their system of work requires them (e.g. fixed points, MEWPs).
Often treated as your cost (but check the facts):
- Personal preference upgrades (e.g. you choose more expensive boots than the standard ones they offer).
- Branded clothing that is more "uniform" than safety, unless they insist on it as a condition of working and don't supply alternatives.
Legally, once they decide PPE is required, they cannot charge you for it or deduct it from your wages. "Deposit" schemes and pay-deductions for mandatory PPE are risky for them under PPER and general employment law.
Your rights if they try to make you pay
If a contractor/employer says "you must wear X, and you must buy it from us":
- You can point out that under the PPE at Work Regulations, required PPE must be provided free of charge to employees and limb (b) workers.
- If you're on their books or clearly a limb (b) worker (regular work, personal service, they control how/when you work), they should not be charging you for mandatory PPE.
- If they deduct PPE cost from your wages without consent, that can also be an unlawful deduction issue as well as a safety one.
- If they insist, you're back to the options in earlier pages: raise it, record it, and if needed take advice (union, ACAS, solicitor) -- especially if this sits alongside other safety problems.
What to do on your next job
Keep it simple: check status, check the risk assessment, then check who's paying.
- Work out: am I here as an employee, a limb (b) worker, or genuinely self-employed on this job?
- Ask for the site's risk assessment / method statement or rules that show what PPE is required.
- If you fall under employee/worker, and the PPE is required, expect them to provide it and keep it serviceable -- and be ready to use it properly and look after it.
- If you're genuinely self-employed, budget decent PPE into your job pricing and don't race to the bottom -- you're the one wearing it.
What to do next
- Work out whether you're an employee, limb (b) worker or genuinely self-employed on your current job -- this decides who pays for your PPE.
- Ask for the site risk assessment so you know exactly what PPE is required and why.
- If you're being asked to buy mandatory PPE yourself and you're not genuinely self-employed, raise it calmly and point to the PPE at Work Regulations.
- Check your existing PPE for damage and wear -- report anything that's not right and ask for a replacement.
- If you're self-employed, budget decent PPE into your job pricing -- your body is your business.
Sources
- Personal Protective Equipment at Work Regulations 1992 -- employer duties to provide PPE.
- Personal Protective Equipment at Work (Amendment) Regulations 2022 -- extending PPE duties to limb (b) workers.
- Health and Safety at Work etc. Act 1974 -- general duties.
- HSE -- INDG174 "Personal protective equipment (PPE) at work".
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