We require our staff to wear steel capped safety boots. One employee is refusing to wear them as he says they are uncomfortable. He is prepared to sign an indemnity so I have told him I will get a form of words to him. Can I have these please?
It would be very unwise to agree to such wording as neither employers nor employees can ‘contract out of their responsibilities for health and safety. There is presumably a risk assessment which says there is a risk to the feet of employees from falling/moving heavy objects hence the need for steel toecaps. If protective equipment is required then employees have an obligation to wear it subject to it fitting properly.
You should find out exactly what it is they are objecting to and seek to remedy it. It may be that the boots are too big/small or more likely that they are not happy wearing boots and would prefer safety shoes. As there is unlikely to be any real cost implication to this then it should be offered as an alternative unless there is a very good safety reason for needing boots not shoes. Often it is just a style issue and it is not unreasonable to allow them to choose an alternative model. You cannot charge for safety footwear (or any other safety item) but you can charge for the excess cost.
