Provision of personal protective equipment and safety of working conditions

In late 2009,the National Labour Inspectorate visited 110 enterprises in Slovakia to inspect the surveillance by companies of the safety and quality of personal protective equipment (PPE) produced in the Slovak Republic or imported, and to monitor the compliance of employers with their obligation to provide employees with appropriate PPE. Over three-quarters of the 550 deficiencies identified by the inspectors involved failures in the provision and use of PPE.

In late 2009, the National Labour Inspectorate (NIP) carried out a major inspection to monitor:

• the safety and quality of personal protective equipment (PPE) produced in the Slovak Republic as well as that imported from abroad;

• the compliance of employers with their obligation to provide employees with necessary PPE.

Inspectors visited 110 enterprises (105 in the private sector) made up of small and medium-sized enterprises (SMEs) as well as larger companies in all regions of Slovakia, with a total of 14,426 employees. The inspection covered 253 types of PPE consisting of a total of 1,096 items of equipment.

This was the first such inspection to be conducted on such a large scale in Slovakia. For the previous three years, there had been no survey of the compliance of employers with the provision and use of PPE. Consequently, the inspectors’ main task during the checks was to offer employers advice on:

• identification and assessment of occupational risks;

• elaboration of lists of provided PPE;

• other circumstances related to the use of PPE.

Legal background

Slovakian legislation on PPE is compatible with EU rules. The NIP inspection was primarily concerned with compliance with two pieces of legislation.

Government Ordinance SR No. 395/2006 Coll. on minimum requirements for the provision and use of PPE stipulates:

• the conditions and methods for providing PPE;

• basic requirements for the equipment;

• the obligations of employers and employees with regard to the provision and use of PPE.

Act No. 264/1999 Coll. on technical product requirements and assessment of the conformity of products with these specifications sets out:

• requirements for products that could endanger human health, safety or property;

• procedures for assessing the conformity of these products with requirements laid down in regulations,

• the rights and obligations of traders who manufacture, import or put these products on the market;

• how compliance will be monitored.

Inspection results

The inspection identified a total of 550 deficiencies, of which 78% were concerned with failures in the provision and use of PPE (Government Ordinance SR No. 395/2006 Coll.) and 22% involved lack of conformity of products with regulatory requirements (Act No. 264/1999 Coll.).

Shortcomings were detected in 93 of the 110 enterprises inspected. The inspectors ordered all identified shortcomings to be rectified.

Compliance with Government Ordinance 395/2006

The following shortcomings were identified.

• For the purpose of PPE provision, the employer failed to identify and assess occupational risks. In particular, the assessed risks did not relate to all the activities carried out by employees and documentation on the assessment of the risks facing workers had not been updated to take account of production and technological changes.

• Specific types of protective equipment were not listed or the lists included equipment whose protective character did not correspond to the risks encountered by workers in the workplace.

• Lists of PPE did not define the protective character of the equipment and did not note its expiry date.

• Employees were not provided with appropriate PPE for work tasks on the basis of risk assessment or the PPE provided was not identical to that listed.

• PPE was provided that was not effective against the risks and threats in the workplace.

• Employers did not monitor or specifically require the use of PPE by employees.

• Regular checks of the quality of PPE against a particular risk (such as a fall from heights) were not carried out.

• Use of damaged PPE was allowed.

• Employees were not told about the occupational risks against which the PPE provided was intended to protect them and about the correct use of this PPE.

Compliance with Act 264/1999

The following shortcomings were identified.

• Conformity certificates confirming that the PPE met regulatory requirements were not available.

• Guidance on the use of the PPE was not provided in the relevant national language.

• Written approval of the matching of the protective attributes of the PPE with the actual occupational health and safety threats at the workplace was not available.

Commentary

Labour inspections in Slovakia are primarily an administrative control aimed at checking that the use of PPE is according to its declared protective attributes. Comprehensive and effective labour inspection requires the inspectors to be able to verify these attributes directly. They therefore need to be provided with adequate technical equipment and financial resources.

Teodor Hatina, Institute for Labour and Family Research