The Law, Work and Safety Shoes,... where do I stand?

RickDawson

no pun intended in the title (lol)

Where do I legally stand with regards safety shoes at work?

I have had some medical problems, which I found to be caused the shoes supplied by my employer (I work in a supermarket bakery, but not a baker)

before the problem of the shoes, I had numbness / tingling which was initially isolated in my left hand and after having a few visits to 2 NHS specialists, they could not find the problem.

I then needed to have a day off due to really bad stomach acid refluxes, which antacids (rennies / gaviscon) could not deal with.
I also had my airways closing up and making me cough
went to my gp about this. which he wanted a test for ceoliac (which when I looked up what it is, is a problem with gluten in wheat and other grains/cereals)
this came back normal. (as in I dont have ceoliac (by the blood test for only one type of gluten protien which the the NHS does)
no solution was ever found by doctors.

I found a number forum threads and comments on articles online, from people in the same situation that said going on the gluten free diet had helped / cleared their problems up.

I tried the Gluten Free diet and it has helped me . no more acid refluxes, and my airways (throat, nose lining, ear canals have returned to what they should be.

shortly after working this out, the government had passed a law that came into effect requiring all employers to pay for and supply suitable footwear for employees who work in areas requiring them.

The problem with my hand was eased by the gluten free diet, but the shoes the company supplied were too small (when given the size I usually have) and I could not even fit in them. They then got me the next size bigger, and I managed to squeeze my feet in them.

I used to purchase safety shoes through the company, and I purchased some before the law came in.
I didnt use this pair (purchased ones) as the shoes the company supplies to comply with the government law were issued before I had the chance to get some insoles for them.

The problems with my hand eventually got worse and spread around my left side, so I went back to the GP and was referred back to the neurologist.

nothing was ever found again.

The medical problem was affecting my work performance, and I was getting told about my work performance not being good, leading to personnel sending an email to occupational health and getting them involved.(nothing come of this yet as far as I know)

I then decided to try the shoes I had got before I ended up using the ones supplied by the company under the government law.

these shoes have eased the problem, and with exercise (moving my leg around) hads removed the medical problem.

I have put a letter into the GP (quickest way to get a GP to take action, than getting an appointment as I was due to get another MRI scan, which I no longer needed and thus cancelling it)
They wanted to phone me, which at lunchtime today they did (12th nov 2014)

everything was explained, and he said he would let the neurologist know, and sort a letter / note to put on my file at work.

work has said, that If i can get a letter / note then that will be accepted, and will remove the need to have occupational health involved, and I think my work rate has improved due to sorting the shoes problem.

Where do I stand legally with regards to the shoes (I will have a medical letter / note on file stating the supplied ones are unsuitable and cause problems).?

what is the law on this?

The shoes that are suitable, are the ones I buy through the company, which are a different safety shoe, from another manufacturer.

I've tried finding the info online, and failed to find it. :wall:

Errata

I managed to squeeze my feet in them.

If you could only get them on by squeezing your feet into them they were obviously the wrong size. Why didn't you ask for the next size up to try?

agrinnall

You've got so much going on in that post that seems completely irrelevant that it's hard to pick out what the issue actually is, but I think it's that you believe that the safety shoes supplied by your employer causes a problem in your hand, and that when you wear the shoes that you have paid for, the problem goes away. And that you're asking if you can get your employer to buy the shoes that work for you.

Is that the gist of the issue?

You mention that you had to squeeze into the second pair of supplied shoes, have you actually asked your employer if you can try the next size up again? I think until you've done that you have little chance of getting them to pay for alternatives.

RickDawson

yep, it's the shoes that are the cause of the problems, and the shoes with regards the law is my question...

The next size up went from 7 to 8
they are too long for me and very narrow. next size 9 would be even longer.

I just dont know what the law actually states, and what should happen in my situation...

I basically have a medical reason as to why the supplied shoes are no good., and that the ones I can buy through the company are fine.

Personnel manager is fine atm with the shoes I'm using (ones I bought through company.)
and a note / letter on my file will be accepted.
Currently I will continue using the ones I bought.

I don't know what the law says, and what should happen with regards safety shoes not fitting properly.

Oli.s

Probably bet to just ask your manager if they will buy you different shoes when the ones you bought yourself wear out.

RichardD1970

Are you asking if it is legal to wear the shoes you bought yourself rather than the ones supplied by your employer?

Or if the employer is obliged to pay for different shoes for you?

RickDawson

RichardD1970 wrote: »

Are you asking if it is legal to wear the shoes you bought yourself rather than the ones supplied by your employer?

Or if the employer is obliged to pay for different shoes for you?

both... I know nothing about what the law says, and what is supposed to happen.

Rob50k

Employer is obliged to provide but if other PPE is being used by employee, like in your situation, they are obliged to ensure that what your wearing is suitable and complies with their standards. If your boots are not up to it they can insist you don't wear them, but if they are decent enough safety boots then you should be fine.

You may have some work to do to convince them to buy you the same in replacement when the ones you have wear out but sounds like you have a fair stand point and it is hardly unreasonable adjustment.

That said if they say no, just go and buy some more and accept that you are doing yourself and your health a favour, as I'm sure you'd rather be £50 lighter than feeling bad, off sick and worried about your job again.

phill99

What has stomach acid refluxes got to do with the provision of safety boots?

Takeaway_Addict

Have you actually asked the employer whether they will reimburse you for these shoes in the future or are you looking for something out of nothing?

ohreally

RickDawson wrote: »

work has said, that If i can get a letter / note then that will be accepted, and will remove the need to have occupational health involved

Why the reluctance to involve occupational health, this is their purpose.


From the PPE guidance...

The person
Consider the health of the person wearing the PPE and its ergonomic effects.The aim should be to choose PPE which will give maximum protection while ensuring minimum discomfort to the wearer, as uncomfortable equipment is unlikely to be worn properly