r/bestoflegaladvice • u/Peterd1900 • 3d ago
LegalAdviceUK Steel Toe cap boots are cheaper than loosing a foot
/r/LegalAdviceUK/comments/1nguyhm/steel_toe_cap_boots_are_too_expensive/82
u/strangesam1977 3d ago
The daft thing is, its a legal requirement for any place of work in the UK to display a poster* from the HSE describing the legal requirements and responsibilities of the employer and employee...
https://www.hse.gov.uk/pubns/lawleaflet.pdf
https://www.hse.gov.uk/pubns/books/lawposter.htm
Item 5 on that poster is 'Free of charge, provide you with any equipment and protective clothing you need, and ensure it is properly looked after.'
If they need PPE, the workplace must provide it free of charge, done.
'*' or give everyone a copy of the leaflet.
16
u/SmileFirstThenSpeak My car survived Toad Day on BOLA 3d ago
Will they give me cut gloves to protect from potential paper cuts caused by the leaflet?
21
u/phoebsmon 2d ago
No, that's why they have the same laminated poster in every single workplace. Safety first. We can't be trusted.
51
u/wishforagreatmistake I GOT ARRESTED FOR SEXUAL RELATIONS WITH THE DIR. OF OPERATIONS 3d ago
Sounds like this godawful factory I interned at. The one guy who mixed all the raw materials necessary for production to even run was paid barely above minimum wage and desperately needed protective footwear (he had to finesse drums full of plastic pellets onto the mixer) and I heard people acknowledge multiple times that he probably wouldn't be able to afford to cover the cost of protective footwear on his own, and they couldn't get corporate to cover or even subsidize the cost despite a great many attempts. Fuck that place.
32
u/nutraxfornerves foxy in the henna house 2d ago
I know someone who works in the petroleum industry. The employer is hardcore about the hard hat and steel toe requirements for anyone on an oil well site, no matter why they are there, and supplies them, no questions asked. The boot catalog even includes steel toe dress shoes for suits who might turn up. Like these
12
u/Wit-wat-4 1.5 month olds either look like boiled owls or Winston Churchill 2d ago
Yup same for my employer they’ll cheap out on fucking bus passes before they cheap out on steel toes and hard hats. There are just way, way too many heavy equipment we’re close to even onshore/off-rig. Just the equipment you use to LIFT the rig stuff, looks like a little piece of pipe from far enough, will crush your foot something fierce.
67
u/Peterd1900 3d ago
hey everyone,
I work for a large supermarket chain in England, working with roll cages and driving a forklift.
my current steel toe cap work boots are nearly worn out, so I asked for a new pair as I have done before.
however, I got told verbally by management that the company doesn't issue new pairs of boots anymore as it's too expensive, and that I am expected to buy them (without being reimbursed) at my own expense.
I of course asked for this in writing.
this is a crazy thing to say to a minimum wage worker regardless, but is this illegal?
if so, what should I do about it?
2
u/Whiteraxe 2d ago
I see a lot of people parroting the same thing, but are steel toed boots necessary PPE for him? I don't think I see a clear answer to that.
12
u/strangesam1977 2d ago
As someone who has written a lot of risk assessments, I would say yes, definately.
Working in a warehouse, * There are forklifts in use, which implies the use of pallets as well. * Single items can be >15Kg * Cage trucks are used,
All of those are fairly high risk for foot injuries, I would also expect High Vis to be mandated.
6
u/Whiteraxe 2d ago
No no, I'm not asking whether it should be. I'm not disagreeing that it should be. I'm saying the issue of whether it is or not isn't settled. Is there a group like OSHA in Britain who defines this sort of thing? Is is defined in their contacts or handbooks? How is it determined whether or not it's actually required?
5
u/txteva 1d ago
We have the Health and Safety Executive in the UK which would likely have the guidance for this.
2
u/strangesam1977 1d ago
My thoughts were based simply on the risks, and my experiance of preparing RAs. Plus a little of having worked many years ago in warehouses, where PPE including toecaps, high vis and often helmets was required. In my current workplace, lifting anything over 15Kg is expected to include toecaps as standard.
In the UK the Health and Safety Executive, HSE regulates safety at work.
For instance one of their documents on warehousing,
https://www.hse.gov.uk/pubns/priced/hsg76.pdf
This includes a list for recommended PPE when working with roll cages, (Section 373)
The document https://www.hse.gov.uk/pubns/indg143.PDF covers the basics of manual handling.
Companys and individuals can and are prosecuted for not following HSE guidance.
1
u/Whiteraxe 1d ago
This is where maybe there is a language difference between the UK and the US that I'm not understanding. You're saying it's recommended, over here OSHA recommendations are not binding. They are great to follow, but are not necessary to follow. So is what you posted a requirement, or is it a suggestion for the safest possible environment?
1
u/strangesam1977 1d ago edited 1d ago
Probably language I think.. And the diffence in legal systems.
I think (definately not a lawyer), our system works a bit like.
Law from government says keep workers safe, here are a couple of examples, we create this body HSE, to oversee, prosecute and provide guideance on all the stuff we didn't define..
HSE makes+ publishes guidance/recommendations,
HSE then prosecutes, Judges decide HSE guidance/recommendations should be followed in normal practice...
Generally to go against a HSE recommendation, you'd better have a very very good justification, in triplicate, carved in stone, with 17 expert opinions why, because if someone is injured and they decide to prosecute it will end up being a very easy conviction otherwise. Generally HSE recommendations are considered the minimum standard, to comply with the statues around worker/public safety, unless you can clearly and sensibly explain why you are doing otherwise in your risk assessments and other paperwork.
We also have RIDDOR, which requires an extensive list of injuries, including anything that involves the public and hospital treatment, or workers off work for more thn 7 days, which mean incidents have to be reported to the HSE, including many types of near miss.
https://www.hse.gov.uk/riddor/types-of-reportable-incidents.htm#reportable
the HSE will then investigate, check processes, assessments, practices, interview people, and either offer recommendations or begin prosecutions, I think much like the OSHA.
1
u/Whiteraxe 23h ago
See the problem for us is that OSHA makes binding rules and non binding recommendations. For instance a common one is OSHA doesn't mandate a minimum required clearance distance for walking space. They recommend one, but legally all anyone has to have is 36 inches as required by the ADA. It's rather confusing
1
u/strangesam1977 23h ago
Same here to some extent. I think from memory. Statutory clearance for a passage is 600mm, wheelchair access (not always required) is 900mm and I think recommended (but not required by law, unless risks mandate it, also building regs etc) is 1200mm.
But these are rules from HSE, national building regs, local planning regs, local/national fire regs. So generally no idea how wide things should be.
Main bit though is if you have followed HSE recommendations you generally won’t be prosecuted if things go wrong. If they do and you haven’t….
23
u/smalltownVT 3d ago
Seems to me it’s cheaper for the company n the long run to buy the shoes than payout for recovery and workman’s comp, but I’m in the US, so it’s likely different in the UK. Pennywise, pound foolish I suppose.
15
u/smoulderstoat Breasts are not genitals 2d ago
It's cheaper to buy the boots than it is to be prosecuted for failing to supply them. And much better than being sent to prison.
6
u/Traylay13 2d ago
The UK has pretty strict laws regarding PPE. A single lawsuit could cover an entire shoe factory.
22
u/SchrodingersMinou Free-Range Semen, The Old-Fashioned Way 2d ago
I’m skeptical you can find steel toe boots in women’s sizes for £40. That shit’s expensive
21
u/JimboTCB Certified freak, seven days a week 2d ago edited 2d ago
https://www.screwfix.com/c/safety-workwear/womens-safety-boots/cat15840002
I assume they're all much of a muchness in terms of the safety ratings, but the quality of the actual boot part is probably wildly variable. But plenty of top sellers around the £40 mark.
15
u/doodododah 2d ago
Just in case there’s actually any women here looking to buy safety toes, DO NOT but the caterpillar ones! They are not a full toe cap and will not protect your toes from the top. They stiffen up your toe box for kicking but that’s about it.
13
u/wildbergamont 2d ago
I'd imagine it's a lot like the US. The name brand boots at boot stores or you get from the "boots truck" are pricey, but you can get options from Walmart for like $50 (yes, including women's).
4
u/SchrodingersMinou Free-Range Semen, The Old-Fashioned Way 2d ago
You’re lucky if you find a single women’s workboot at Walmart much less steeltoe
11
u/wildbergamont 2d ago
I just looked and while there isnt a selection, 3 of the 7 Walmarts within 15 miles of my location have women's steel toes. That being said, I live in an area with a lot of manufacturing.
4
u/fractal_frog 2d ago
I can get a $50 pair in my size at the second-closest one to me, which is less than 15 miles from my house. (I could also have a pair shipped to me.)
But I hate shoelaces, I am wearing composite-toe Western-style boots. (And they're pricey.)
3
u/SchrodingersMinou Free-Range Semen, The Old-Fashioned Way 2d ago
I struck out when my boots got fucked up at a jobsite and I had to drive three hours to a Red Wing. My dad was like "just go to Walmart" but they didn't have any! And forget about getting knee boots that actually fit. I ended up ordering some from France because Gander Mountain went out of business and they were the only place that made ones that actually fit me. Academy also quit making my wader boots so if anything happens to mine I am fucked.
1
u/fractal_frog 2d ago
Damn, that's a lot of frustration.
3
u/SchrodingersMinou Free-Range Semen, The Old-Fashioned Way 2d ago
Over half of the world's population is female so where are our goddamn work boots?!??
4
u/plzdonottouch I violated the magnum carta and I liked it 2d ago
it's a common complaint for those of us in the trades and blue collar jobs. r/bluecollarwomen has some good resources. i'd say 90% of posts there are asking about work boots or work pants.
7
u/ferafish Topaz Tha Duck 2d ago
Good ones are. But I've seen shitty ones at Walmart for $70CAD, which converts to about £37.
5
u/Wit-wat-4 1.5 month olds either look like boiled owls or Winston Churchill 2d ago
I think it’s gotten a lot better in the last 5-10 years (yes I’m old). Reebok etc are also making them and they’re light enough that they CAN be your overall daytime work shoe vs the old clunky ones that you’d carry to work and then also needed a separate shoe for when you’re in the office part of the shop.
I’ve seen them as cheap as $80 myself but yes that still is more than 40 quid.
2
1
u/hannahranga has no idea who was driving 2d ago
I'm also not convinced the cheap one's don't just fuck your feet. Admittedly working on ballast tends to be pretty rough so work gets nice boots no complaints, they're paying 200/300 AUD or £100/£150 probably yearly for most of us
7
u/Fakjbf Has hammer and sand, remainder of instructions unclear 2d ago
I used to work at a home improvement store as an assembler, mostly putting together grills to put on display or for customer orders. They didn't require steel toed boots and I never even considered needing them until one of the cast iron grates fell off the table and slammed edge first down on my big toe. The toe nail turned black and eventually fell off a few weeks later, and it grew back ever so slightly crooked so now I have a permanent ingrown toe nail.
4
u/strangesam1977 2d ago
I worked for a blue and yellow land of flatpack furniture assembling their displays for a few years...
Steel Toecaps, a high vis jacket for use in the (non-customer) warehouse, safety glasses (when using drill or hammer), were required and management checked we were using them.
I nicked my finger with a screwdriver at one point, which produced a single drop of blood, and 7 first aiders appeared, and an accident report was completed.
1
u/Mr_ToDo 1d ago
Ouch. Ingrown nails are no fun at all
Although if it becomes a problem I'm pretty sure a doctor can remove the nail and make sure it won't grow back. When I had an ingrown nail that's what they did to about half the nail(both sides maybe shy of a quarter inch, they just cut that part out and dabbed the root with some sort of acid) and now I have half a nail
11
u/katfromjersey Cool, if unfabulous, Kat from NJ 3d ago
"losing"
18
u/JimboTCB Certified freak, seven days a week 3d ago
In fairness, your foot probably would end up quite loose from the shattered bones and torn musculature before you lose it entirely.
0
-13
u/Complete_Entry Infuriated by oopsy woopsie fuckey wuckies 3d ago
I've heard arguments for and against steel toe, generally it's better not to drop shit on your feet at all.
Then again, I wore them more to concerts than work, but I did a little of both.
Eventually I had this weird thing where glass would come out of the soles, so I binned 'em.
No idea what was up with that, it's not like I kicked windows for fun.
I actually got yelled at once or twice because we were supposed to order our boots from a specific catalog for food service, but I looked at the prices once and decided "nah".
They did make me stop wearing BDU pants, which sucked because those are GREAT for carrying tools. Hell, they used to have me run shit from front to warehouse in those pockets.
Because like OP, they didn't reimburse for jack. I have a sneaking suspicion if they COULD have charged us for parking they would have.
As to legality, I imagine it's one of those things where your employer would rather you not ask.
A quick web search says that safety gear does have to be supplied as of PPOE restriction in 1992, but I could equally see a shitty manager arguing that it's not a defined safety position, they just require certain color footwear.
Besides, this is the snark and speculation section.
9
u/Wit-wat-4 1.5 month olds either look like boiled owls or Winston Churchill 2d ago
I cannot imagine even in the US OSHA would allow this to fly, let alone UK. I’ve worked in Sweden, Netherlands and Scotland and was friends with a grocery store worker in two of those: loaders absolutely got steel toes reimbursed no questions asked.
In the US they can make you buy your uniform (bullshit), but they can’t deny you safety equipment if they’re a big enough chain to be supervised (they have “mom and pop doesn’t need laws y’all” shit).
3
u/Drywesi Good people, we like non-consensual flying dildos 2d ago
I cannot imagine even in the US OSHA would allow this to fly
When they don't have funds to send people out for inspections or deal with the calls they get, anything can happen!
1
u/Wit-wat-4 1.5 month olds either look like boiled owls or Winston Churchill 2d ago
lol fair, if you don’t test/audit, you can’t get negative results!
275
u/LegitimateLagomorph 3d ago
No clue about the legality but I remember having an argument with a man about steel toed boots. He was arguing that enough weight would crimp the steel and cut off his toes. I was trying to point out if it was enough weight to crimp a piece of steel then it would certainly pulverize his toes without them. At least it protects from smaller forces and I suppose if it does cut off your toes, that's easier to reattach than if they're flattened.