What is employee protective equipment? What is the procedure for providing workers with protective equipment. Can an employee and an employer mutually agree to change the procedure for using protective equipment?
WHAT IS EMPLOYEE PROTECTIVE EQUIPMENT?
According to subparagraph 38) of paragraph 1 of Article 1 of the Labor Code of the Republic of Kazakhstan, personal protective equipment is means designed to protect an employee from exposure to harmful and (or) dangerous production factors, including special clothing.
In accordance with subparagraph 4) of paragraph 1 of Article 1 of the Labor Code, special clothing includes:
- clothes;
- shoes;
- headdress;
- mittens;
- other items designed to protect the employee from harmful and (or) dangerous production factors.
THE PROCEDURE FOR PROVIDING EMPLOYEES WITH PROTECTIVE EQUIPMENT
In accordance with paragraph 2 of Article 182 of the Labor Code, the employer is obliged to ensure the issuance and repair of:
- special clothing;
- special shoes;
- detergents and disinfectants;
- medical kit;
- milk or equivalent food products, and (or) specialized products for dietary (therapeutic and preventive) nutrition;
- other means of individual and collective protection.
The list and norms for issuing protective equipment are regulated by the Rules for issuing milk or equivalent food products, therapeutic and preventive nutrition, special clothing and other personal protective equipment to employees, providing them with collective protective equipment, sanitary facilities and devices at the expense of the employer.
Personal protective equipment is issued when employees are hired or transferred to another job or in connection with the expiration of the use of these funds.
Terms of use of personal protective equipment are established on a calendar basis and are calculated from the date of actual issue to employees.
WHAT ARE THE REQUIREMENTS FOR PERSONAL PROTECTIVE EQUIPMENT?
According to Chapter 3 of the Rules for issuing milk to employees, therapeutic and preventive nutrition, special clothing, special footwear and other personal protective equipment, providing employees with collective protective equipment, sanitary facilities and devices at the expense of the employer employers must purchase only certified personal protective equipment.
Personal protective equipment must meet the following requirements, that is, they must be:
- certified;
- comfortable to wear;
- do not create obstacles to movement;
- be selected and issued to employees according to the appropriate sizes.
Special clothes, special shoes that do not meet the requirements or become unusable before the expiration of the established period of use, for reasons beyond the control of the employee, are subject to replacement.
With the onset of the season, special clothing and special footwear must be returned to those employees to whom they were issued in the previous season.
Personal and collective protective equipment (gas masks, self-rescuers, safety belts, mosquito nets, helmets and other equipment) are subject to regular testing and serviceability checks, and filters, glasses and other parts with reduced protective properties should be replaced in a timely manner. After checking, a mark (stamp, stamp) on the terms of the subsequent test should be made on personal protective equipment.
CAN AN EMPLOYEE AND AN EMPLOYER MUTUALLY AGREE TO CHANGE THE PROCEDURE FOR USING PROTECTIVE EQUIPMENT?
In accordance with subparagraph 1) of paragraph 2 of Article 181 of the Labor Code, the employee is obliged to comply with the requirements of norms, rules and instructions on safety and labor protection.
In cases where the safety requirements do not provide for certain types of personal protective equipment or the procedure for their use is strictly established, the employee and the employer do not have the right to independently decide on the use of protective equipment not provided for by the safety regulations. In the event that the employer undertakes to provide the employee with the personal protective equipment necessary for the production, certified, but not corresponding to the working conditions of a particular production where the employee will use this protective equipment, the employer violates the requirements established by labor legislation regarding measures to ensure labor safety.
Thus, safety requirements must be followed by both the employee and the employer in accordance with the law.