Inadequate Safety Equipment (PPE) Claims

If you’ve been injured at work because you weren’t given the right safety gear—or the equipment you were given didn’t do its job—you’re not alone, and you’re right to ask questions. Employers in Ireland have a duty to provide proper personal protective equipment (PPE) for the job at hand, whether it’s gloves, boots, masks, eye protection, or harnesses. When they don’t, workers can suffer serious, preventable injuries.

At John O’Leary Solicitors LLP, we’ve been helping individuals across Tallaght and Dublin for over 20 years—people who turned up to work, did everything right, and still got hurt because the right precautions weren’t in place. From construction sites and warehouses to kitchens, clinics, and workshops, we’ve seen how quickly things can go wrong when safety equipment is poor, missing, or not maintained.

If you’re dealing with the consequences of an injury that could have been avoided with proper PPE, contact us. You’ll speak directly with a local solicitor who’ll explain your rights clearly and handle your case with care. We’ll take the time to listen, look at what happened, and help you move forward.

What Is Considered Inadequate PPE in Irish Workplaces?

Personal Protective Equipment (PPE) is essential for reducing workplace risk, especially where hazards can’t be eliminated by other means. In Ireland, employers are legally required to provide PPE where exposure to injury or health risk remains after all other safety measures have been applied. But what’s equally important is that the PPE is fit for purpose—because supplying the wrong gear can be as dangerous as not supplying any at all.

PPE includes items such as:

  • Safety gloves
  • Hard hats
  • Ear defenders or earplugs
  • Safety goggles or face shields
  • Flame-resistant or high-visibility clothing
  • Respirators or protective masks
  • Safety harnesses and fall arrest systems
  • Steel-toe boots or protective footwear

For PPE to be considered adequate under Irish law, it must be:

  • Suitable for the specific task and riskinvolved
  • Correctly fittedto the individual
  • Maintained in good condition, regularly inspected, and replaced when worn or damaged
  • Used with other protective gear where necessary (and compatible with it)
  • Supported with training, so the worker understands how and when to use it

Inadequate PPE typically falls into one or more of the following categories:

PPE That Is Never Provided

This includes situations where:

  • A worker is exposed to dust, fumes, loud machinery, or sharp objects
  • But no goggles, masks, gloves, or ear protection are issued
    These are clear breaches of employer responsibility under the Safety, Health and Welfare at Work Act 2005.

PPE That’s Incorrect for the Task

Supplying gloves that protect against heat for a chemical task, or a mask suitable for dust but not vapour exposure, is legally insufficient. The PPE must match the known hazard.

Poor Fit or Incompatibility

Ill-fitting harnesses, goggles that don’t seal properly, or gear that doesn’t integrate with other PPE (e.g. visors that interfere with helmets) are common sources of injury. PPE must be fitted individually and tested in real working conditions.

Expired or Damaged PPE

PPE has a shelf life. Gloves become porous, masks lose filtration strength, straps tear, and helmets weaken. If it’s not regularly inspected, it can degrade without showing obvious signs—leaving the worker exposed.

In every case, the employer must assess the risk, supply suitable protection, and ensure it works in practice. Anything less can be considered inadequate, and may give rise to a valid injury claim.

Types of Injuries Commonly Caused by Faulty or Missing PPE

When employers fail to provide proper PPE—or when the gear supplied doesn’t do its job—the consequences can be serious. The nature of the injury often depends on the type of work involved, but in every case, the harm is preventable.

Head Injuries

Hard hats are essential in construction, warehousing, and other environments where there’s a risk of falling objects. When workers are given poorly fitted or low-grade helmets—or none at all—any impact to the head can result in:

  • Concussions
  • Skull fractures
  • Long-term neurological issues

Some injuries also result from helmets not being replaced after visible damage or expiry.

Hearing Damage

Exposure to loud machinery without proper ear protection can lead to:

  • Tinnitus (ringing in the ears)
  • Temporary or permanent hearing loss
  • Difficulty focusing or working safely

Earplugs and earmuffs must meet specific acoustic ratings for the task. Inadequate protection often stems from poor quality equipment or inconsistent use policies on-site.

Burns and Scalds

In kitchens, manufacturing plants, or welding work, the wrong clothing or gloves can leave workers vulnerable to burns from:

  • Steam
  • Hot liquids
  • Open flames
  • Heated metal or surfaces

Even one layer too few—or gloves made from the wrong material—can result in blistering burns, tissue damage, or permanent scarring.

Chemical and Skin Injuries

PPE failures in labs, cleaning roles, or manufacturing often involve:

  • Inappropriate gloves (not chemical-resistant)
  • No protective apron or face shield
  • Faulty masks allowing vapour or fume exposure

These conditions can lead to chemical burns, rashes, dermatitis, or eye injuries. Some cause chronic respiratory or skin conditions that worsen over time.

Respiratory Conditions

Dust, fumes, or vapour exposure without suitable masks or respirators can result in:

  • Asthma
  • Bronchitis
  • Lung irritation or long-term respiratory illness

PPE must match the level and type of exposure. A dust mask is not suitable for fine chemical vapours or smoke particles. Employers often cut corners by supplying cheap or expired respirators.

Falls from Height

When working on ladders, scaffolding, or rooftops, the lack of a properly fitted safety harness is a major risk factor for:

  • Fractures
  • Spinal injuries
  • Internal trauma
  • Fatalities

Common failures include missing harnesses, frayed straps, or harnesses not anchored correctly due to lack of training or oversight.

Foot and Lower Limb Injuries

Without steel-toe or anti-slip boots, workers handling heavy items or walking on uneven ground risk:

  • Crushed toes
  • Puncture wounds
  • Sprains or breaks

Basic slip-resistant footwear can prevent countless injuries in wet kitchens, logistics centres, or loading docks.

When Is an Employer Legally Responsible for PPE Failures?

Under Irish law, employers are not only expected to provide a safe working environment—they are also legally obliged to supply adequate personal protective equipment (PPE) wherever hazards cannot be fully eliminated by other means. This duty is clearly outlined in the Safety, Health and Welfare at Work Act 2005, particularly Section 8, which deals with ensuring employee safety in practical, enforceable terms.

Employer Obligations Under Irish Health and Safety Law

An employer is responsible for:

  • Carrying out proper risk assessmentsfor each task
  • Identifying hazards and determining where PPE is required
  • Supplying PPE that meets EN or CE safety standards
  • Ensuring that PPE fits the individual worker properly
  • Providing instruction and trainingon correct use
  • Maintaining, cleaning, storing, and replacingPPE as needed
  • Monitoring usage to ensure PPE is worn and not misused

This duty applies in both the private and public sectors, and across all job types—from building sites to hospitals, warehouses, commercial kitchens, and transport operations.

How Employers Breach These Duties

Employers may be found liable for injury where they:

  • Provide no PPE at all for a task with known risk
  • Supply gear that is unfit for purposeor mismatched to the hazard
  • Issue equipment in poor condition—e.g. torn gloves, expired masks, or broken straps
  • Fail to replace worn or damaged PPE, even after a complaint or report
  • Disregard or delay updates from the HSA or manufacturer recalls
  • Fail to train employees on correct usage
  • Assume workers will purchase their own PPE

Crucially, liability can arise even if the injury resulted from a single, preventable oversight—such as failing to issue a harness for temporary roof work or supplying the wrong type of eye protection.

What You Need to Prove in a PPE Failure Claim

In order to pursue a claim, you do not need to show intent or deliberate neglect. Instead, Irish law requires you to establish that:

  1. A duty of care existed– which is automatically the case for an employee/employer relationship
  2. The PPE was inadequate– either because it was missing, defective, unsuitable, or misused due to lack of training
  3. This failure directly caused your injury

This is known in Irish tort law as the basic “duty–breach–causation” structure.

Evidence That Supports Your Claim

You don’t need to have all of this gathered in advance, but some of the most useful materials include:

  • Photographsof damaged or inadequate PPE
  • Medical reportslinking your injury to exposure or trauma
  • Witness statementsfrom colleagues who saw the issue or shared your concern
  • Health & Safety Authority (HSA)reports or inspection findings, if available
  • Emails, texts, or internal reportswhere PPE defects were raised or logged
  • Any documentation proving the PPE was never issued—or was requested but not replaced

Even if some of this evidence is no longer available, your solicitor can help obtain the records needed to support your case. In many cases, simply requesting the employer’s safety documentation can reveal whether they were meeting their legal obligations or not.

Loss of Earnings and Future Income

Amputation often leads to:

  • Extended time off work
  • Need to change careers or work fewer hours
  • Reduced earning potential for life

If your injury affects your ability to work—or forces an early retirement—you may be entitled to recover those losses as part of your claim.

Legal Time Limits and the Risks of Waiting

If you’ve been injured at work due to inadequate PPE, it’s important to understand that there are strict legal time limits in place for bringing a claim. In Ireland, the standard limitation period for personal injury cases is two years from the date of the accident—or, in some cases, from the date you first became aware that your injury was linked to the workplace incident.

This is known as the “date of knowledge,” and it can apply in situations where the injury or its cause isn’t immediately obvious, such as hearing damage, skin conditions, or chronic respiratory problems that develop over time. However, this flexibility is limited. If you wait beyond the two-year limit, you may lose the right to take legal action entirely, even if your case is otherwise strong.

One of the biggest risks of delay is the loss of evidence. PPE claims often rely on physical inspection of the equipment involved. If the gloves, boots, harness, or mask that failed are no longer available, it becomes harder to prove that they were unfit for purpose. Employers may also overwrite safety records or discard maintenance logs after a certain period.

Witnesses can become harder to contact or may not recall the details clearly. Additionally, insurers representing the employer may argue that the injury was caused by something else, or that PPE was offered but refused—especially if there’s no early written report or documentation to challenge that version of events.

Prompt action allows your solicitor to gather and secure key information while it’s still fresh and retrievable. Even if you’re unsure whether your injury qualifies or whether you’re within time, seeking advice early ensures you don’t forfeit your opportunity to claim. It also allows you to document your case in a way that protects your position if the employer or their insurer disputes responsibility later on. A short conversation can clarify where you stand—and potentially preserve your right to full compensation for an injury that could and should have been prevented.

Specific PPE Failures Seen in Irish Work Injury Claims

Defective or missing PPE is not limited to a particular sector—it cuts across industries and job roles. The following are real examples of how PPE failures have led to workplace injury claims across Ireland. These scenarios are based on typical claims and investigations handled in recent years:

Construction – Faulty Harness Resulting in a Fall

A scaffolder working at height was issued with a harness that had not been inspected for over a year. The lanyard detached during a routine manoeuvre, leading to a fall and serious lower back injuries. The employer had no records of recent checks or replacement, breaching standard PPE maintenance obligations.

Warehousing – Inadequate Footwear for Manual Handling

A warehouse worker assigned to heavy box handling was provided only with generic trainers. While unloading a delivery, a pallet edge struck their foot, causing fractures. The employer failed to provide steel-toe boots, despite documented risk assessments showing the need for protective footwear.

Catering – Scald Injury from Insufficient Hand Protection

A chef in a hotel kitchen suffered deep scalds after handling boiling liquid with light cotton oven mitts. The gloves were not rated for high-heat resistance and had been washed repeatedly, reducing their effectiveness. The kitchen had no protocol for replacing thermal PPE once degraded.

Manufacturing – Chemical Burn from Incorrect Gloves

A production worker handling cleaning agents was issued with latex gloves. The material failed to resist the chemical compound, leading to skin burns. The employer had sourced low-cost generic gloves instead of chemical-resistant nitrile options, ignoring manufacturer safety data sheets (SDS).

Maintenance – Eye Injury Due to Poor Fit

A maintenance technician using a handheld grinder was provided with loose-fitting safety glasses, which slipped repeatedly during use. A metal shard bypassed the glasses and caused corneal damage. The employer had failed to issue sealed goggles or face shields for that task.

Frequently Asked Questions

Can I bring a claim if I was given PPE, but it didn’t work?

Yes. The law requires employers to provide PPE that’s not just present—but suitable, effective, and in good condition. If the gear failed to protect you because it was the wrong type, didn’t fit properly, or had deteriorated through age or use, a claim may still be valid. Faulty or unfit PPE is treated similarly to no PPE at all in legal terms.

What if I didn’t report the issue straight away?

It’s always better to report an injury or hazard as soon as possible, but a delay doesn’t automatically disqualify your claim. You’ll still need to show how the injury occurred and that the PPE was a factor. A solicitor can help retrieve workplace records, witness statements, or medical documentation to support your case—even if the initial report was late.

Does it matter if the PPE was supplied by a third party?

Not necessarily. If you were working under the supervision of a main contractor or agency, that employer may still carry legal responsibility for your health and safety—including ensuring any third-party PPE is adequate. Liability can be shared or assigned depending on who controlled the work environment and who was responsible for hazard assessments.

What if I was trained to use PPE but something still went wrong?

Training is important—but it doesn’t excuse an employer from supplying the right gear. Even if you followed all instructions, a defective or inappropriate item can still result in injury. The key question is whether the equipment provided was suitable for the risk it was supposed to protect against. If it wasn’t, a claim may be possible.

Can I still claim if I’ve left the job?

Yes. You can bring a claim even if you no longer work for the employer who provided the inadequate PPE. What matters is when the injury occurred and whether you are still within the two-year time limit. Your right to seek compensation doesn’t end just because you’ve moved on.

Speak to a Local Solicitor About Your PPE Claim

If you’ve suffered an injury at work and believe inadequate safety equipment played a role, we’re here to help. At John O’Leary Solicitors LLP, you’ll speak directly with a solicitor who understands your situation and will handle your case with care and clarity. We’ve been supporting workers across Tallaght and Dublin for over 20 years. Contact us by phone, email, or call into our office to discuss your options confidentially.