Employer vs Employee: Who Pays for PPE in Australia?

Employer vs Employee: Who Pays for PPE in Australia?

Maria Soledad |

PPE Costs Are Rising — But Who’s Responsible?

In 2026, PPE is not optional — it’s a legal requirement across Australian worksites. But one question continues to cause confusion: who actually pays for it?

Get this wrong, and it can lead to disputes, failed audits, and serious WHS penalties. Here’s what Australian law states — based on official guidance.

What Australian Law Says About PPE Responsibility

Under the Work Health and Safety (WHS) Act, employers (referred to as PCBUs — Persons Conducting a Business or Undertaking) have a primary duty of care to ensure workers are not exposed to health and safety risks.

According to Safe Work Australia:

  • PPE must be provided by the PCBU unless it has been provided by another person
  • The PPE must be suitable for the work and hazard
  • It must be maintained, repaired, or replaced as required

Source: Safe Work Australia – Model Code of Practice: Managing Risks of PPE

Can Employers Charge Workers for PPE?

In most cases, no.

Safe Work Australia clearly states that PPE required to perform work safely must be provided at no cost to workers. This means employers cannot require employees to pay for essential PPE needed for compliance.

Source: Safe Work Australia – WHS Regulations (Regulation 44)

When Employees May Supply Their Own PPE

There are limited situations where workers may supply their own PPE, including:

  • Self-employed tradies or subcontractors
  • Where PPE is genuinely optional or above standard requirements
  • Where workplace agreements allow it (but it must still meet compliance standards)

However, even in these cases, the employer must ensure the PPE used is compliant and suitable for the task.

Common PPE Cost Mistakes in 2026

  • Employers asking workers to pay for mandatory PPE
  • Providing non-compliant or uncertified equipment
  • Failing to replace worn or expired PPE
  • Assuming contractors are exempt from PPE compliance checks

These are now key enforcement areas for regulators such as SafeWork NSW, WorkSafe Victoria, and WorkSafe Queensland.

What About Boots and Workwear?

This is one of the most misunderstood areas.

While some workplaces have traditions where employees supply their own boots or clothing, the legal requirement remains:

If the item is required for safety, the employer is responsible for ensuring it is provided and compliant.

Source: Safe Work Australia – General PPE Duties

Why This Matters More in 2026

Regulators are increasing enforcement, and insurance providers are tightening claim conditions. If a worker is injured and appropriate PPE was not provided, liability falls heavily on the employer.

This can lead to:

  • Rejected insurance claims
  • Legal liability
  • Significant fines and penalties
  • Site shutdowns or contract loss

Protect Your Team and Stay Compliant

The safest approach is simple: ensure all required PPE is supplied, compliant with AS/NZS standards, and replaced when needed.

At Safety Direct, we supply certified PPE that meets Australian safety requirements and helps businesses stay compliant without the guesswork.

Shop Certified PPE Now

References

  • Safe Work Australia – Model Code of Practice: Managing Risks of PPE
  • Work Health and Safety Regulations – Regulation 44 (Provision of PPE)
  • SafeWork NSW – Personal Protective Equipment Guidelines
  • WorkSafe Victoria – PPE Employer Responsibilities
  • WorkSafe Queensland – PPE and Worker Safety Duties