Health and Safety at Work (General Risk and Workplace Management) Regulations 2016

16 Worker may choose to provide personal protective equipment

(1)

A PCBU does not have to comply with regulation 15(2) if—

(a)

a worker genuinely and voluntarily chooses to provide his or her own personal protective equipment for reasons of his or her comfort or convenience; and

(b)

the PCBU is satisfied that the personal protective equipment provided by the worker is suitable in terms of regulation 17(1).

(2)

A worker who has chosen to provide his or her own personal protective equipment under subclause (1) may, after giving reasonable notice to the PCBU, choose that the PCBU provide personal protective equipment under regulation 15(2) instead of providing it himself or herself, and the PCBU must then provide the personal protective equipment to the worker.

(3)

This regulation does not apply to the Armed Forces.

(4)

A PCBU who contravenes subclause (2) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: 1992 No 96 s 10(4), (5)