Health and safety at work is not an option: it is a legal obligation that rests on every company director. When occupational risks can be neither eliminated nor sufficiently reduced by collective measures, personal protective equipment becomes the last line of defence against accidents. Understanding employer PPE obligations is therefore essential to protect your teams and safeguard your liability. This complete guide sets out the legal framework, the practical responsibilities and the best practices to put in place.
Under Article R.4311-8 of the French Labour Code, PPE is a “device or means intended to be worn or held by a person in order to protect them against one or more risks likely to threaten their health or safety”.
Article R.4311-9 adds that personal protective equipment may also be an assembly of several devices, or an interchangeable component essential to its proper operation. In practice, this covers gloves, safety goggles, earplugs, safety footwear and fall arrest harnesses.
PPE protects against a wide range of occupational risks:
Some equipment covers several risks at once, such as the welding hood, which protects against both fume inhalation and radiation.
Article R.4311-11 excludes certain equipment from the PPE category: equipment intended for the armed forces, self-defence equipment, helmets for powered two-wheelers and ordinary seasonal clothing. Note that plain workwear is not PPE. It becomes PPE only when it is designed to protect the wearer against an identified risk.
European Regulation (EU) 2016/425 classifies PPE into three categories according to the severity of the risk:
The higher the category, the stricter the employer's training and monitoring obligations.
The French Labour Code and the PPE obligation rest on a founding principle: Article L.4121-1 places on the employer a duty of safety with an obligation to achieve results. The employer must safeguard the physical and mental health of its employees. Article L.4121-3 requires risks to be assessed, while Regulation (EU) 2016/425 governs the design and the placing on the market of equipment.
Article L.4121-2 sets out nine general principles of prevention to be applied in order: avoid risks, assess them, combat them at the source, adapt the work to the individual, replace what is dangerous, plan prevention, and give priority to collective protection over individual protection.
PPE, therefore, comes into play only as a last resort, when other measures prove insufficient or impossible.
Mandatory PPE use under the French Labour Code follows directly from the risk assessment and its formalisation in the DUERP, the single occupational risk assessment document. As soon as a residual risk remains, the employer may require suitable equipment to be worn. Some regulations also make specific PPE compulsory: work involving asbestos, exposure to noise or the handling of hazardous chemicals.
The employer carries a full chain of responsibilities, from the initial assessment through to checking that equipment is actually worn.
Everything starts with the occupational risk assessment, recorded in the single occupational risk assessment document (DUERP). This analysis of each workstation identifies the residual risks remaining after collective protection and guides the choice of appropriate PPE.
Article R.4323-95 requires PPE to be provided free of charge. Employees must never have to buy their own equipment. PPE must be suited to the risks, to each user's build, and compatible with one another.
This applies to everyone: temporary agency workers, fixed term contracts, apprentices and interns.
Every item of PPE must carry the CE marking, comply with the standards in force and come with instructions in the language of the country of use.
| Type of PPE | Main standard |
|---|---|
| Safety footwear | EN ISO 20345 |
| Safety helmets | EN 397 |
| Eye protection | EN ISO 16321 |
| Safety gloves | EN ISO 21420 |
| High visibility clothing | EN ISO 20471 |
| Hearing protection | EN 352 |
| Fall arrest harnesses | EN 361 |
The employer must inform workers about the risks covered, the conditions of use and the rules on wearing equipment. Suitable training, and hands-on practice where needed, is essential for complex PPE such as technical safety jackets, harnesses and respiratory protective devices.
Still under Article R.4323-95, the employer must keep PPE in good working order and in a satisfactory hygienic condition: maintenance, cleaning, repairs and replacements are at the employer's expense. A tracking register is recommended, especially for Category III PPE.
Providing equipment is not enough: the employer must check that it is genuinely worn, restate the rules and install mandatory action signage wherever the risk warrants it. The employer holds disciplinary powers in the event of a breach.
For certain PPE, the French order of 19 March 1993 requires general periodic inspections. The employer defines their nature and frequency, has them carried out by a competent person and records the results in the safety register.
The employer's hearing protection obligation is often underestimated. As soon as daily noise exposure reaches 80 dB(A), the employer must make individual hearing protectors available. From 85 dB(A), wearing them becomes mandatory and signage must be installed. The occupational physician plays a key role: raising employee awareness of how hearing loss develops and encouraging the actual use of hearing protection. The aim is to prevent occupational deafness, which is often irreversible.
Article R.4312-6 and its Annex II govern the ageing of PPE. Where performance can deteriorate over time, the date of manufacture or the expiry date must be marked indelibly. The manufacturer's instructions remain the reference for determining actual service life: they are essential for helmets, respiratory filters and harnesses.
Article L.1251-23 provides that the user company supplies PPE to temporary agency workers. Certain personal items such as helmets and footwear may nevertheless be supplied by the temporary work agency where a collective agreement provides for it.
Where an outside company works on a site, it is in principle for that company, as the employer of its own staff, to supply the PPE. This allocation must be set out in the prevention plan drawn up with the user company.
Workwear is about comfort or brand image, not protection. As soon as it protects against a risk, it becomes PPE. In both cases, the safety tops and safety trousers supplied on that basis are free of charge and maintained by the employer.
Article L.4122-1 also places responsibility on employees: they must use the PPE provided correctly, follow the rules, check its condition before each use, report any defect and take care of their own safety and that of their colleagues.
Where an accident is linked to a breach, the employer may have its inexcusable fault recognised and be ordered to compensate the victim. An exposed employee may also terminate the contract at the employer's fault.
Failure to meet PPE obligations exposes the employer to criminal penalties, such as fines and additional sentences, and to administrative measures: formal notice and suspension of site works. The labour inspectorate checks the conformity of equipment, the training provided and the register.
PPE issue checklist
The 7 steps to prove your compliance in the event of an inspection, including the issue record and the tracking register to complete.
Download the PDF checklist →| Sector | Recommended PPE |
|---|---|
| Construction | Safety helmet, S3S safety footwear, safety gloves, goggles, high visibility jacket |
| Manufacturing | Safety footwear, hearing protection, goggles, gloves |
| Logistics | S1PS safety footwear, gloves, high visibility vest |
| Grounds maintenance | Safety footwear, cut resistant gloves, forestry helmet |
| Electrical work | Insulating helmet, insulating gloves, face shield, arc flash clothing |
| Welding | Welding hood, leather gloves, flame retardant clothing |
| Food processing | Food processing outfit, gloves, hairnet, respiratory protection |
Employer PPE obligations go well beyond handing out a helmet or a pair of gloves: they cover risk assessment, the free provision of compliant equipment, training, maintenance and checks that equipment is actually worn. By making suitable, certified equipment available, the employer protects its people while safeguarding its business. Prevention remains a shared responsibility: to meet your employer PPE obligations in full, get expert support in choosing equipment that is compliant and suited to each workstation.
Yes. A deliberate refusal exposes the employee to disciplinary action, from a warning to dismissal, and even to criminal liability in the event of an accident.
The employer. The provision and maintenance of PPE are entirely at the employer's expense (Article R.4323-95).
No. PPE is never a benefit in kind: it is a mandatory means of protection.
In principle, PPE is for personal use only. Sharing is possible only where appropriate hygiene measures are taken, such as cleaning between users or a disposable hairnet under a helmet.
Equip your workstations with compliant PPE
CE certified helmets, gloves, hearing protection and safety clothing.
