ARTICLE
15 November 2023

Should NZ employers provide uniforms and Personal Protective Equipment in the workplace?

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LegalVision

Contributor

LegalVision, a commercial law firm founded in 2012, combines legal expertise, technology, and operational skills to revolutionize legal services in Australia, New Zealand, and the UK. Beginning as an online legal documents business, LegalVision transitioned to an incorporated legal practice in 2014, and in 2019 introduced a membership model offering unlimited access to lawyers. Expanding internationally in 2021 and 2022, LegalVision aims to provide cost-effective, quality legal services to businesses globally.
Explains when uniforms are appropriate in the workplace & when you may need to provide your employees with uniforms & PPE.
New Zealand Employment and HR

As an employer, you might require your employees to wear uniforms for a range of reasons, from meeting health and safety regulations to ensuring consistency across the workplace. Generally, employers have a right to require employees to wear uniforms if necessary or reasonable for the role. Therefore, this article will explain when uniforms are appropriate in the workplace and when you may need to provide your employees with uniforms and Personal Protective Equipment (PPE).

Why Do Uniforms Matter?

Uniforms do not only ensure 'uniformity' within the workplace. In the eyes of the law, a uniform can be a significant (although not determinative) factor in determining whether your workers are employees or independent contractors. Classifying your workers is important since it ultimately determines what legal entitlements you owe them.

Employees generally wear uniforms, which may often include a company logo. Nevertheless, there are some situations where the worker may be a contractor but still wear a uniform, such as with many courier drivers.

However, a court will determine whether a worker is an employee or an independent contractor on a case-by-case basis. Accordingly, a court will consider the nature of the overall relationship between the employee and employer or contractor and principal.

Who Should Provide Uniforms?

If you require your employees to wear a uniform, you will often need to provide the employee with the uniform. However, your employee will be responsible for cleaning and keeping the uniform in a reasonable condition for it to be returned at the end of their employment.

There are also other situations where there is no need to set a uniform. However, there needs to be a specific presentation standard that employees may need, such as business attire or a collared shirt with black pants. In this situation, you may request that your employee provide their uniform, which remains the employee's property. Additionally, in some situations, you may allow your employee to purchase workwear. This may occur more commonly within the labour-hire workforce.

If you are providing the uniform, you should agree with the employee about where they can wear it. This may be for various reasons, such as hygiene and brand protection. If you require your employee to change after arriving at work, you will need to provide changing facilities that are private and safe.

Suppose you do not mind whether your employee wears your uniform outside working hours, as it may be a way to promote the brand. In that case, you should be aware that your employee's behaviour may disrepute you and the company if any antisocial behaviour occurs.

Consider Personal Protective Equipment

As an employer, you must ensure your employees have the correct personal protective equipment ('PPE') for their jobs. PPE can protect employees against various workplace hazards. Accordingly, you must ensure that:

  • you provide your workers with appropriate PPE; and
  • the workers use and wear PPE.

As the employer, you must also ensure that you maintain and replace your employees' PPE when necessary. Your workers must also ensure that they maintain and look after the property.

If your worker wishes to provide their own PPE, they must 'genuinely and voluntarily choose' to provide their gear. In this instance, you must ensure their PPE:

  • is appropriate; and
  • meets the requirements and regulations.

Nevertheless, every workplace will have different requirements for appropriate PPE. For example, if you are on a construction site, you will likely need:

  • a hard hat;
  • steel cap boots; and
  • high-visibility clothing.

Notably, the standards of high-vis clothing may differ for different workplaces. Therefore, you should ensure you are clear with your workers about the standards for their jobs.

Renting Uniforms and PPE

If your line of work is significantly high-risk or hazardous, you must provide all appropriate PPE for your employees at no cost. The only exception to such a legal requirement is when the employee has requested to provide their own PPE. Nevertheless, in this instance, you must check that the PPE the employee provides suits the role.

Key Takeaways

Employers are generally responsible for providing their employees with their work uniforms. However, if a work uniform is generic, you may request that employees provide their own clothes. Nevertheless, employers are responsible for providing their employees with the appropriate PPE for their role at no additional cost to the employee, particularly where the workplace conditions require safety gear. You also must ensure that the PPE your employee wears is acceptable and meets the workplace's necessary standards and requirements.

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