Can I Sue My Employer for Not Providing Ppe?

There are a few factors that will affect your ability to sue your employer for not providing PPE. These include the type of work you do, the potential risks involved in your job, and whether or not the company has a policy prohibiting employees from wearing PPE. If you are unsure about whether you have any legal rights, please speak to an attorney in your area.

One way employers can provide PPE is to designate a specific area of the workplace as the PPE area. This area should be visibly marked, and employees should be encouraged to use it specifically for wearing protective gear. Employees who need to change their PPE should also be directed to this area. Employers can also distribute PPE centrally to all employees. This approach may be more efficient, but it requires a system for tracking which employees have what gear and when they last used it. In addition, this method can be challenging if employees are not familiar with the equipment or if the equipment fails. Employers can also provide PPE on a “as needed” basis. This means that employees must ask for gear when they need it, and any unused gear should be returned promptly. However, this type of system is less effective than presenting gear in one central location, since employees may not bother asking for gear if it’s not always available.

As long as the employee isn't completely unaware of the dangers that come with not wearing PPE, it's likely they are still able to wear some forms of it. However, if an employee has ignored safety advice for a long period of time or is prone to accidents, their chances of wearing PPE effectively may be lower. In these cases, it may be appropriate for an employer to provide alternative measures such as meeting in safe areas or providing coaching on how to use PPE safely.

In most cases, employees would not be able to sue their employer for breach of contract over PPE, as this is typically something that is required in areas, like grocery stores or delivery drivers, that are not considered typical work environments.

Federal law imposes duties on employers to maintain safe workplaces, but doesn't allow workers to file private causes of action. In general, an employee has a right to receive PPE required for safe work conditions. If an employer fails to provide necessary PPE, the employee may take steps to ensure their safety, including requesting that another employee provide the PPE or seeking out appropriate safety personnel.