Work shoes and safety shoes: rights and assumption of costs by the employer
Why work and safety shoes are important
Special footwear is a decisive factor for safe working. In many fields of work, the feet in particular are exposed to high loads and must be protected from injury. Employees also need a secure footing on damp floors.
Safety shoes have special toe caps to protect against falling objects and crushing injuries. Depending on the protection class, the soles of these shoes are puncture-resistant to protect against penetrating shards, screws or nails. The heel area can also be reinforced to prevent workers from easily twisting their ankles.
The soles of work and safety shoes are particularly important. They are slip-resistant and ensure a stable footing even on slippery and wet floors. Work shoes are also designed with an ergonomic design and breathable materials to ensure a high level of comfort.
Special requirements in the catering industry
Work and safety shoes are particularly important in the catering industry for several reasons:
- Slip-resistant soles: Kitchens and restaurant areas can often be wet and slippery. Non-slip soles prevent accidents.
- Protection from hot liquids and objects: In kitchens, there is a risk of hot liquids being spilled or heavy pots and pans falling.
- Long wearing comfort: Kitchen and service staff often stand for long periods of time. Ergonomic and breathable shoes contribute to a pleasant wearing comfort and prevent fatigue.
When does the employer have to provide safety shoes?
In Germany, no general law stipulates that safety shoes must be worn at the workplace. Whether an employer has to provide safety shoes depends on various regulations, directives and accident prevention regulations.
The most important regulations are:
- Occupational Health and Safety Act (ArbSchG):
The ArbSchG obliges employers to ensure the health and safety of their employees in the workplace. This includes the provision of suitable personal protective equipment (PPE), which also includes safety shoes. - DGUV Regulation 112-991 "Foot protection":
This regulation specifies the requirements for safety footwear and defines which protection classes are required in which work areas. The protection classes for work shoes range from SB (basic requirements) to S5 (highest protection). - Industry regulations:
In some industries, in addition to the DGUV regulations, there are also industry-specific regulations that contain requirements for wearing safety shoes.
However, it is important to note that whether safety shoes are worn at the workplace and what protection class they must have depends on the employer's risk assessment. The employer must first identify possible hazards in the workplace, then assess these and derive suitable protective measures from them. This also includes the selection of suitable PPE (personal protective equipment).
If there is an obligation to wear safety shoes for safety reasons and on the basis of the risk assessment, the employer must pay for the safety shoes.
It should also be noted that the employer must not only provide suitable safety shoes based on the risk assessment, but also check whether the shoes are being worn. If occupational safety is not complied with in the workplace and employees do not wear safety shoes despite being obliged to do so, the employer may face a fine.
If, following a risk assessment, the employer concludes in accordance with his duty of care that no safety shoes or work shoes need to be worn, the employer does not have to provide or pay for footwear.
Employer assumption of costs for safety shoes - legal requirements
The employer must cover the costs of safety shoes if they are necessary for the workplace following a risk assessment. This results from Section 3 (3) of the Occupational Health and Safety Act (ArbSchG). The federal law obliges employers to ensure the health and safety of their employees in the workplace. This also includes the provision of suitable personal protective equipment (PPE), which also includes safety shoes.
These factors can influence the risk assessment:
- Danger from falling objects:
Safety shoes with protective toe caps must be worn in work areas where heavy objects may fall. - Danger of foot injuries:
In work areas where there is a risk of feet being injured by pointed or sharp objects, safety shoes with puncture-resistant soles must be worn. - Risk of slipping and tripping:
Safety shoes with non-slip soles must be worn in work areas with wet, oily or slippery surfaces. - Requirement for ankle support:
Safety shoes with ankle support must be worn in work areas where there is a risk of twisting or spraining the ankles.
Good to know:
Employers are not only obliged to provide suitable footwear where there is a risk. They must also ensure that the shoes fit properly.
There are exceptions to the assumption of costs. These include when the safety shoes are also used by employees for private purposes. In this case, the employer can demand a so-called "usage fee" from the employee.
There are no regulations on how high the cost of safety shoes paid for by the employer may be. The shoes only have to meet the safety requirements.
There is no legal requirement as to how expensive safety shoes may be for employers. The employer must provide suitable safety shoes that meet the requirements of the risk assessment.
Insoles for work shoes: costs covered by the employer
Some employees need insoles to ensure that their work and safety shoes are comfortable to wear despite foot malpositions or foot disorders. But does the employer have to pay for insoles for work shoes?
No, as a rule the health insurance fund or pension insurance fund will cover the costs of insoles in work shoes if there are medical reasons, a doctor has prescribed the insoles and they are necessary for exercising the profession.
If the insoles are worn in work or safety shoes purely as a preventative measure to prevent joint disorders, the employee must bear the costs themselves.
However, special regulations on the assumption of costs for insoles can be set out in employment contracts or in a collective agreement. In many companies, it is also common practice for employers to cover the costs of insoles as part of their duty of care.
In many catering establishments, it is common practice for employers to cover the cost of insoles as part of their duty of care in order to increase comfort for staff and prevent health problems.
Conclusion: Clear contractual regulations create security in terms of rights and obligations for work shoes
The basis for the question of whether employers must pay for safety shoes is the risk assessment. The more clearly this is formulated, the clearer the obligation to bear the costs.
In principle, it is in the employer's interest to ensure that employees can work safely and ergonomically. For this reason, the costs of safety shoes should always be covered if there is a risk to health.
In the event of disputes regarding the assumption of costs, it is worthwhile for both employers and employees to seek support from trade unions, works councils or legal advice specializing in employment law.
FAQ on the topic at a glance
If safety shoes have to be worn due to the risk assessment, the employer must bear the costs. The employer only has to pay for work shoes if they are stipulated in the employment contract.
If the safety of the employee is no longer guaranteed when wearing work shoes due to wear, defects or hygiene, the employer must replace the shoes. Regular replacement is particularly necessary in the catering industry, where shoes are exposed to intensive wear and tear.
Work shoes should only be worn for as long as they provide sufficient slip resistance and protection for the toes and heel. If the sole is damaged or objects can penetrate the material, the work shoes should be replaced.
Employees should be able to wear their shoes comfortably throughout a long working day. The shoes should be breathable and support the natural foot posture thanks to the ergonomically shaped sole. At LUSINI, for example, you will find shoes for standing for long periods.
There is no fixed requirement here. However, the employer is obliged to replace work shoes if they endanger the safety of the employee. Regular care of work shoes can increase their service life.
If the risk assessment shows that employees must wear safety shoes, they are obliged to do so.
Work shoes only have to be worn if this is stipulated in the employment contract.
The Federal Labor Court (BAG) has ruled in several decisions that putting on protective clothing is part of working time if this is necessary in the interests of the employer. This is the case, for example, if the protective clothing is kept at the workplace and the employee has to put it on and take it off there.
However, there are also other BAG rulings according to which the donning of protective clothing is not part of working time, even if this is necessary in the interests of the employee. This is the case, for example, if the protective clothing must be worn for hygienic reasons and the employee could also wear it outside the company.
The decision as to whether putting on protective clothing is part of working time therefore depends on the individual case. The type of protective clothing, its storage location and the time the protective clothing is worn all play a role.
If your work clothing is part of your protective clothing, your boss can force you to wear it. He is legally obliged to check whether the requirements are being met.
If it is only work clothing, which is not protective clothing, your supervisor cannot oblige you to wear it, unless the wearing of specific work clothing is stipulated in the employment contract. In this case, the employer must also pay for the cost of the work shoes.
As the employer is responsible for the safety of their employees, they can stipulate which work shoes are suitable based on their risk assessment. In many companies, employees can choose their own safety shoes or work shoes from a specific pool. In principle, there are no legal requirements here. However, it is only important that the selected shoes meet the safety requirements.
Yes, work shoes are part of protective clothing. In Germany, protective clothing is divided into three categories:
- Category I: This category comprises the lowest level of protection and includes simple PPE that protects against minor risks, e.g. gloves to protect against dirt or dust.
- Category II: This category includes PPE that protects against medium risks, e.g. hearing protection or safety goggles.
- Category III: This category includes PPE that protects against high risks, e.g. respirators or chemical protection suits.
Work shoes generally fall into category II or III, depending on the protection requirements at the workplace. They must meet certain protection criteria, e.g. protection of the feet from falling objects or protection from slippery surfaces thanks to slip-resistant soles.
If you do not wear safety shoes despite being obliged to do so, you are acting contrary to the employer's instructions. This may result in a warning and, in the event of repeated refusal, may even lead to dismissal.
In addition, you may lose your insurance cover if you injure your foot because you were not wearing safety footwear. If you are not wearing safety shoes in the event of an accident, your employer may also be held responsible because they did not take sufficient care of your safety.
Disclaimer
The information provided in this article and on this website is for general information purposes only and does not constitute legal advice. It is not intended to address any legal issues or problems that may arise in individual cases. Despite careful research and regular updating, we assume no liability for the accuracy, completeness and timeliness of the content provided. If you require legal advice for your individual situation, you should seek the advice of a qualified lawyer. For binding legal information and individual advice, please contact a qualified lawyer or other expert.