PPE at Work in Scotland: Your Rights and Your Employer’s Duties
If your job exposes you to a risk that cannot be controlled any other way, your employer in Scotland must give you suitable personal protective equipment (PPE), free of charge, and make sure you know how to use it. The law is the same across Great Britain. If you were hurt because that equipment was missing, unsuitable or never explained to you, you may have a claim for compensation, and we handle injury at work claims on a no win no fee basis.
This guide sets out what the regulations require, what PPE suits which hazard, what you must do as a worker, and the steps to take after an injury.
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VisitTL;DR
- Under the Personal Protective Equipment at Work Regulations 1992, employers must provide suitable PPE where a risk remains after other controls, and they cannot charge you for it.
- Since 6 April 2022 the same duties cover “limb (b)” workers, a wider group than employees.
- Employers must assess suitability, train you and make sure you use PPE properly. Handing it out is not enough.
- You must use PPE as trained, look after it and report loss or defects.
- If you are injured because PPE was missing or wrong, report the accident, see a doctor and speak to a specialist solicitor. We charge 15% plus VAT on a won claim, against the 20% including VAT that other big firms charge.
Table of Contents
What the PPE at Work Regulations say
PPE in Scotland is governed by the Personal Protective Equipment at Work Regulations 1992, as amended. Health and safety law of this kind is reserved to the UK Parliament, so there is no separate Scottish version. The same rules apply in Glasgow, Aberdeen or Lerwick as in London. Enforcement in Scotland is carried out by HSE or by the local authority, depending on the type of workplace.
The core duty is simple. Every employer must provide suitable PPE to workers who are exposed to a risk to their health or safety, unless that risk is already adequately controlled by other, equally or more effective means.
The last part matters. PPE is the last line of defence, not the first. An employer should first try to remove the hazard, then guard it or change how the work is done. PPE is what remains when a risk cannot be controlled any other way. A noisy machine that can be enclosed should be enclosed. If it still leaves you exposed to harmful noise, hearing protection is required.
Who is covered since 2022
For many years the regulations protected employees only. The PPE at Work (Amendment) Regulations 2022 extended the duties to “limb (b) workers” from 6 April 2022. HSE’s page explains that the duties themselves are unchanged. They now reach a wider group of people who work for someone but are not strictly employees. If a risk assessment shows a limb (b) worker needs PPE, the employer must carry out a suitability assessment and provide the PPE free of charge, as they would for an employee.
If you are agency-supplied, casual or on a non-standard arrangement, do not assume the rules pass you by. Ask who your workplace treats as your employer for health and safety purposes.
Who pays
You do not. HSE’s guidance on whether employers have to provide PPE explains that section 9 of the Health and Safety at Work etc Act 1974 stops an employer charging a worker for PPE that is used only at work. A deduction from your wages for a hard hat, or a requirement to buy your own safety boots for a job that needs them, runs against this rule.
The same guidance says it is not enough for equipment to be somewhere on the premises. You must have it readily available, or clear instructions on where to get it. A locked cupboard that nobody can open on the night shift does not meet the duty.
How your employer must choose the right PPE
Buying whatever is cheapest is not compliant. HSE’s guidance, Personal protective equipment at work (L25), sets out a suitability assessment that has to happen before PPE is chosen. In practice it means:
- Assess the risk that remains once other controls are in place.
- Define the characteristics the PPE needs in order to be effective against that risk.
- Compare the PPE on the market against those characteristics.
- Check that the chosen items are compatible with any other PPE you wear at the same time.
The guidance adds that PPE is only suitable if it is appropriate for the risks, conditions and length of time it is worn, takes account of ergonomic and health factors, fits the wearer correctly, works without increasing the overall risk, and complies with the relevant legal requirements. Employers should involve the people who will wear it in selection and fitting where appropriate.
The assessment must be reviewed if it may no longer be valid or if there are significant changes, such as a new process, a new substance or new equipment. For simple cases it need not be written down. In more complex cases it should be recorded and kept where it can be found again.
Compatibility is where things go wrong
Compatibility is often overlooked. EIS guidance states that different types of PPE worn together must be compatible, considering the effectiveness and comfort of the combination and not just each item alone. Safety glasses that break the seal of a respirator, or ear defenders that stop a hard hat sitting properly, are examples of the kind of mismatch the assessment is meant to catch. If you find that two items you have been given cannot be worn together safely, tell your supervisor or safety representative in writing.
A Scottish example of the process in action
Public bodies in Scotland publish their policies, and they show what the regulations look like in practice. NHS Fife’s PPE policy says PPE should be made available only where risks cannot be adequately controlled by other means. It also says line managers must ensure an assessment is carried out so the PPE reduces the risk and fits the wearer, and that staff receive training and instruction so they can use it properly and understand its limitations.
What PPE is used for which hazard
There is no single list of PPE that every job needs. It depends on the hazard left after the risk assessment. HSE’s guidance on using the right type of PPE gives these examples by part of the body:
| Part of the body |
Examples of PPE |
| Eyes |
Safety spectacles, goggles, face screens, visors |
| Head and neck |
Safety helmets, bump caps, hairnets |
| Ears |
Earplugs, earmuffs |
| Hands and arms |
Gloves, gauntlets, sleeving |
| Feet and legs |
Safety boots or shoes with protective toecaps and penetration-resistant soles, plus specialist footwear such as chainsaw boots |
| Lungs |
Filtering respirators, power-assisted respirators, breathing apparatus |
| Whole body |
Safety harnesses, life jackets, overalls, boiler suits, aprons, chemical suits |
Two points from the same guidance are worth knowing. Eye protection needs the right combination of protection against impact, dust, splash or molten metal for the job, and it must fit the user properly. Head protection that has been damaged should always be replaced.
Scottish workplaces, typical hazards
In Scotland this plays out in familiar places: scaffolding and roof work on construction sites, fish processing and food factories, offshore and energy support work, forestry, farms, warehouses and care settings. The risk that PPE addresses is different in each. Falls from height call for harnesses and edge protection, loud machinery for hearing protection, and chemical cleaning products for gloves and eye protection. A one-size policy usually means somebody on site has the wrong kit.
PPE that is a legal requirement must also carry the right mark. The Barbour PPE guidance published on West Lothian Council’s website notes that PPE must carry a CE or UKCA marking and that it is unlawful for suppliers to provide PPE without the required mark.
Training, maintenance and what you must do
The duty on the employer does not end when the kit is issued. Where PPE is required, employers must make sure workers have sufficient information, instruction and training on its use. HSE’s page on the extended scope of the regulations states this directly.
The Barbour guidance describes what good training covers: the risks the PPE avoids or limits, the purpose and manner of use, and what the wearer should do to keep it in good working order and hygienic. It says training should be comprehensible and include refreshers and demonstrations depending on how complex the equipment is. Where an employer also arranges first aid cover for the shop floor, accredited first aid in the workplace courses sit alongside PPE instruction as part of a sound safety culture.
EIS guidance goes further. It says employers must take all reasonable steps to make sure employees use PPE properly, and that merely making it available does not satisfy the law.
Equipment must also be kept in efficient working order and good repair. The Barbour guidance refers to maintenance in line with manufacturers’ schedules, periodic checks, records of tests or examinations where relevant, and repairs by competent people.
Your own responsibilities
The regulations put duties on you too. HSE says workers must:
- use PPE in line with the training and instruction they have received;
- return it to the storage provided by the employer after use;
- report any loss of or defect in PPE to their employer.
NHS Fife’s policy uses much the same wording, asking staff to report any loss or defect immediately to their line manager and to return PPE to its storage area after cleaning, or dispose of it appropriately. Reporting is not just a formality. A written report that your gloves split or your respirator filter ran out is evidence that the employer knew about the problem.
Can you be disciplined for not wearing PPE?
If PPE is required and you have been trained on it, using it is part of your legal duty and of most employment contracts. An employer can therefore treat a refusal as a disciplinary matter, and a serious or repeated refusal can have serious consequences. Your employer should follow a fair process. That means explaining the rule, hearing your reasons and applying its own disciplinary procedure.
There are often good reasons behind a refusal. The kit may not fit, it may be damaged, it may clash with other equipment, or it may never have been explained. Those are the faults the employer is meant to have dealt with under the suitability assessment. If you are in dispute with your employer over PPE, put your concerns in writing and speak to your trade union representative or safety representative. For a dismissal or disciplinary action, take employment law advice specific to your situation.
The opposite situation is different. If you were never given PPE that you needed, you have not broken any rule. Your employer has.
What to do if you are injured without the right PPE
If you were hurt because PPE was not provided, was the wrong type, was faulty or you were never trained to use it, take these steps in order.
- Get medical help first. See a doctor or go to A&E for anything beyond a minor injury, and tell them it happened at work.
- Report it and record it. Make sure the accident goes in the accident book and tell your manager. Note the date, the place, what you were doing, what PPE you had and what you were missing.
- Know what your employer must report. Under the rules summarised in Renfrewshire Council’s guidance on investigating accidents at work, an injury that keeps a worker off work or unable to do normal duties for more than seven days must be reported to the enforcing authority within ten days. Major injuries, including fractures other than to fingers, thumbs or toes, amputations, loss of sight and certain eye injuries, must be reported to the HSE Incident Contact Centre. HSE’s INDG344 toolkit says fatal and major injury accidents are reported immediately, and covers work-related accidents leading to more than three days off work. Our guide to reporting a workplace injury in Scotland walks through who reports what.
- Keep evidence. Photographs of the scene, the faulty or missing equipment, names of witnesses, your payslips and any messages about PPE all help.
- Get legal advice early. Claims for injury at work in Scotland are subject to time limits, so do not leave it. Our guide to injured at work in Scotland: your rights and compensation explains how a claim works.
Why a missing or unsuitable PPE case matters
A claim after a workplace injury depends on showing that your employer failed in a duty it owed you. Breaches of the PPE regulations are among the clearest examples: there is a written rule, a requirement to assess, and a requirement to provide, train and maintain. Photographs of what you were given, records of what you asked for and the absence of any suitability assessment can make the picture clear.
The same logic applies to an accident that was partly your fault. Not wearing PPE you were given does not always end a claim, but it can affect it, so be honest with your solicitor from the first conversation. Our article can I claim after a workplace accident in Scotland covers this in more detail.
Making a claim with us
Our Injury at Work Claims service puts you in touch with specialist injury solicitors who handle accidents caused by poor safety practice, including missing or unsuitable PPE. We offer a free claim assessment and a 24-hour callback or helpline, and our services are regulated by the Law Society of Scotland.
Claims are on a no win no fee basis, so there is nothing to pay up front, and you pay nothing if the case is lost. If the claim succeeds we charge 15% plus VAT of your compensation. Other big brand solicitors charge 20% including VAT. You can use our compensation calculator to see a likely range before you decide. When you are ready, our personal injury no win no fee page explains how to start.
Our view on PPE and injury claims
PPE is the one safety measure that people notice only when it is missing. In the claims we deal with, the same few failings come up again and again: kit that does not fit, no training on how to use it, and equipment that was never replaced after it wore out.
Our view is that you should never have to argue about whether you were entitled to protection. The regulations are clear that suitable PPE must be provided free, that it must be explained to you and that it must be kept in good order. If that did not happen and you were hurt, the law is on your side.
That is why we built our service around removing the barriers to a claim. Assessments are free, there is no upfront cost, and we charge 15% plus VAT on a won claim, where other big brand solicitors charge 20% including VAT. Our aim is that you keep as much of your compensation as possible.
Roger
FAQ
Does an employer legally have to provide PPE?
Yes. Under the PPE at Work Regulations 1992, an employer must provide suitable PPE to workers who are exposed to a risk, unless that risk is adequately controlled by other, equally or more effective means. Since 6 April 2022 this extends to limb (b) workers as well as employees.
Can my employer charge me for PPE?
No. HSE guidance explains that section 9 of the Health and Safety at Work etc Act 1974 prevents an employer charging a worker for PPE that is needed for work. This applies to employees and, since 2022, to limb (b) workers. Ask your safety representative or HR team if a deduction has been made.
What PPE should be worn at work?
It depends on the hazard identified in your employer’s risk assessment. Examples include safety helmets, goggles, ear protection, gloves, safety boots, respirators and harnesses. You should be told what to wear, why, and how to use and look after it.
What are my duties as a worker?
You must use PPE as you have been trained and instructed, return it to its storage after use and report any loss or defect to your employer. Telling your employer promptly also protects you if something goes wrong later.
Can I claim compensation if I was hurt without the right PPE?
Possibly. If your employer failed to provide, assess, maintain or train you in PPE and you were injured as a result, you may be able to claim. A specialist solicitor can look at the facts and the time limits that apply. Our free claim assessment is the place to start.
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