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With respect: If the employer issues ppe to an employee and then sits back and knowingly lets the employee NOT use it, then BOTH are at fault. If the employee has an accident/injury as a result of not using the provided equipment and he/she can show that the employer KNEW he/she was not using it/using it properly, then you have the basis for litigation (with reduced compensation)
Yep, spot on - the term used in court for a compensation claim is 'Contributary Negligence' The employer is expected that they would ensure the use of supplied PPE and if it isn't adhered to go down the disciplinary route, ultimately including dismissal - have been involved in a few such cases including an asbsetos operative who wouldn't wear a respirator !
Unfortunately, I get a load of bollocks passed of as because of health & safety when it has no bearing at all - it's being used as an easy cop out.
If I could issue a FPN to everyone I met who quoted H&S and were wrong I'd be a multimillionaire and living in another country !
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Gordon Brown saying I got the country into it's current economic mess so I'll get us out of it is the same as Bomber Harris nipping over to Dresden and offering to repair a few windows.
Chaos, panic and disorder - my work here is done.
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