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Video Napo – Protect your skin
Can my employer require me to pay for my PPE?
No.
PPE, washing agents, cleaning agents, disinfectants, and protective beverages must be provided by the employer free of charge based on the employer’s own list, prepared based on risk assessments and specific working conditions The employer cannot substitute the provision of PPE with financial compensation (i.e., the employer cannot give you money to purchase PPE on your own).
I returned the used PPE to my employer upon termination of employment. However, my employer deducted a certain amount from my salary for this used PPE. Is this employer‘s procedure correct?
No, unless the returned PPE was excessively damaged (beyond what is reasonable given its period of use).
According to the Labor Code, PPE, washing agents, cleaning agents, disinfectants, and protective beverages must be provided free of charge to employees based on the employer’s own list, prepared based on risk assessments and specific working conditions.
It is then the employee's obligation to return the used PPE. It is up to the employer to decide how to handle the returned PPE. If the conditions set out by Government Regulation No. 390/2021 Coll. are met (the employer must ensure hygiene when reassigning PPE to another employee) and the PPE has not expired, it can be reused for other employees.
Can the employer require me to compensate for unreturned PPE upon termination of employment?
Yes.
Upon termination of employment or termination of an agreement on work performed outside the employment relationship, the employee is obliged to return the used PPE. Your employer may ask you for financial compensation if you do not return the PPE or if it is excessively damaged (beyond what is reasonable given its period of use). You can agree with the employer to purchase the PPE at its remaining value.
I started a new job, but PPE will only be provided after the probationary period. Is this employer‘s procedure correct?
No.
If you have taken up a position for which PPE is required, your employer must provide you with this PPE immediately after starting work or before starting any work where PPE is needed. It is not possible to provide PPE only after the probationary period.
What are protective beverages, and when is the employer required to provide them to employees?
The employer is obliged to provide employees with protective beverages in workplaces with unsatisfactory microclimatic conditions, to the extent and under the conditions specified by the implementing legislation.
Protective beverages are provided to protect health from the effects of heat or cold stress. Such beverages must be safe for consumption, contain no more than 6.5% sugar by weight, they may, however, include substances that enhance the body’s resilience. Alcohol content must not exceed 1% by weight. Protective beverages for young employees must not contain alcohol.
What are the conditions for providing protective beverages for heat stress?
Protective beverages for heat stress must be provided in an amount corresponding to at least 70% of fluid and mineral loss through sweat and breathing during an eight-hour shift.
The basis for assessing the entitlement to a protective drink is to measure the temperature at the workplace and the class of work performed. Government Regulation No. 361/2007 Coll. divides employees into so-called classes according to the physical demands of the work performed. There are eight classes – Class I, IIa, IIb, IIIa, IIIb, IVa, IVb and V. The types of work performed with assignment to classes are only indicative for employers (the list is limited). Employers must classify employees into the appropriate work class. They must also inform you of the classification.
Entitlement to protective beverages arises in the following cases:
- for work where the energy expenditure exceeds 106 W/m² and the temperature exceeds 26°C (e.g., welders, workers in hot operations, metallurgists, etc.),
- if measurements show fluid loss through sweat and breathing exceeding 1.25 liters during work,
- for constant work under heat stress classified as category four under the Public Health Protection Act.
Employees performing lighter work (e.g. office, administrative work) are entitled to a protective beverage if the temperature at the workplace exceeds 34°C.
Protective beverages may include natural mineral water with low mineralization, spring water, or water meeting equivalent microbiological, physical, and chemical standards (for work classes I to IIIa) or natural medium mineralized water (for work classes IIIb to V). For light work, drinking water provided by the employer also meets these requirements.
What are the conditions for providing protective beverages for cold stress?
Protective beverages for cold stress must be provided warm and in an amount of at least half a liter per eight-hour shift.
Protective beverages for cold stress are provided for work at:
- indoor workplaces where the required temperature is kept below 4°C as a technological necessity,
- outdoor workplaces where the corrected air temperature is below 4°C.
When must employers provide washing, cleaning, and disinfecting agents to employees?
Employers must provide washing, cleaning, and disinfecting agents based on the extent of contamination to the skin and clothing.
For employees exposed to substances that may cause skin irritation or contamination, employers must provide washing and cleaning agents appropriate to the substance, as well as regenerative creams and ointments if necessary.
Types of work based on contamination levels and recommended amounts of washing and cleaning agents are listed in Annex No. 4 to Government Regulation No. 390/2021 Col. If washing or cleaning agents are permanently available in workplace sanitary facilities, Annex No. 4 does not apply to these agents; this exception does not include textile towels provided to employees performing very dirty or dirty work.
Illustrative examples of personal protective equipment:
PPE for head protection
Helmet
PPE for hearing protection
Earplugs
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Earmuffs
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PPE for eye and face protection
Face shield
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PPE for respiratory protection
Filtering half mask
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Respirator with a valve
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PPE for hand protection
Protective gloves
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PPE for protection against falls from height
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The source of photos: Depositphotos.com
Video Napo – Use a safety helmet
Other films featuring the character Napo are available at https://www.napofilm.net/en/napos-films/films?films=all.
The Napo Consortium currently has eight members
– AUVA (Austria), CIOP (Poland), DGUV (Germany), EU-OSHA (Bilbao, Spain), INAIL (Italy), INRS (France), SUVA (Switzerland) and TNO(The Netherlands).
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What is personal protective equipment (PPE)?
The employer is obliged to provide employees with personal protective equipment (PPE) if risks cannot be eliminated or sufficiently reduced by collective protection measures (e.g., installation of railings, exhaust ventilation, etc.) or by work organization measures (e.g., employee rotation, adjustment of work schedules, etc.).
Personal protective equipment (PPE) is protective equipment that must protect workers from risks, must not endanger their health, must not interfere with their work, and must comply with the requirements set out by a directly applicable European Union regulation (Regulation (EU) 2016/425 of the European Parliament and of the Council). PPE should always bear the CE marking.
My employer has provided me with personal protective equipment (PPE). Am I obliged to use it at work?
Yes.
It is a legal obligation set out in the Labor Code. Employees are required to use PPE and protective devices (such as covers) at work and must not modify or deactivate them without authorization. The employee must be demonstrably familiar with the use of PPE (e.g. through training, which they sign off on). The employer is obliged to keep the PPE in usable condition and to monitor its use.
Section 106 (4) (d) of Act No. 262/2006 Coll., the Labor Code
What happens if I don’t use the PPE provided by my employer?
First and foremost, you are endangering your own safety and health. The employee is obliged to use PPE and the employer is obliged to monitor its use. Your employer is therefore also liable to a fine from labor inspection authorities. By not using the assigned PPE, you are in breach of the employee's obligations under the Labor Code, which may ultimately lead to termination by the employer.
Section 106 (4) (d) of Act No. 262/2006 Coll., the Labor Code
Can I choose my own PPE?
No.
PPE is assigned by the employer based on their own list, prepared based on a risk assessment and the specific working conditions. The employer determines the method, conditions, and duration of PPE use according to the frequency and severity of risks, the nature and type of work, and the workplace, taking into account the properties of the PPE.
The use of PPE is regulated by Government Regulation No. 390/2021 Coll., its annexes, which together serve as "instructions" for the use of PPE, are of great importance:
- Annex No. 1 of Government Regulation No. 390/2021 Coll. contains a sample table for employers to use when assessing risks for selecting and using PPE.
- Annex No. 2 of Government Regulation No. 390/2021 Coll. provides an illustrative list of various types of PPE.
- Annex No. 3 of Government Regulation No. 390/2021 Coll. defines demonstratively examples of activities, sectors, and industries where PPE may be required based on risk assessments.
Do work clothes and footwear qualify as PPE?
In an environment in which clothing or footwear is subject to extraordinary wear or contamination at work or serve a protective function, the employee is also entitled to receive work clothes or footwear from the employer, since they are considered PPE.
What does not qualify as PPE?
- standard work clothes and footwear that are not designed to protect employee health from hazards and are not subject to extraordinary wear or contamination during work,
- equipment used by rescue services and other entities performing activities under other regulations,
- special personal protective equipment used in the Armed Forces of the Czech Republic, Military Police, Military Intelligence or security forces,
- equipment used in road traffic,
- sports equipment,
- equipment intended for self-defense,
- equipment for detecting and signaling risks and hazards at workplaces.
My employer assigned me PPE that does not fit my body proportions, causes health issues, or is incompatible with other assigned PPE. How to deal with this situation?
PPE must:
- be effective against the existing risks during use and its use must not pose an additional risk,
- match the conditions in the workplace,
- fit the physical requirements of the employee; and
- comply with ergonomic requirements and respect the employee's health condition.
Where it is necessary to use more than one PPE during work, they must be compatible with each other.
PPE must be manufactured in such a way that, at the same time as providing protection for workers, it does not restrict workers from carrying out the activity in which they are exposed to risk. The materials used in PPE must not adversely affect health or safety (e.g., by causing allergic reactions), must not cause excessive irritation, or result in injuries. On the contrary, they must be as light as possible and minimize restrictions to the face, eyes, field of vision, and respiratory system. If necessary, they must also be equipped with anti-fogging features.
If the assigned PPE is unsuitable for you for various reasons, contact your employer, or alternatively, a professionally competent person responsible for risk prevention tasks (commonly referred to as "bezpečák" (safety officer) in practice), the occupational health services provider, the labor union, or the employee representative for OSH to find an appropriate solution.