Required equipment? employer, or employee

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Required equipment? employer, or employee

#43750 10/21/04 11:12 PM

Joined: May 2003

Posts: 2,876

S.F.,CA USA

E

e57

OP

Member

I know this may have been touched in other past posts, but.....

If an Employer says Employees are required to have, lets say 'Steel toed boots', is this an employer, or employee cost?

Lets take this further...

If an Employer says Employees are required to have, lets say 'an extention cord, is this an employer, or employee cost?

Lets take this further...still.

If an Employer says Employees are required to have, lets say 'a 66 and 110 blade punch down tool'(for phone work), is this an employer, or employee cost?

Lets take this further...even still.

What happens when this required equipment is lost, stolen, or wears out?

What's you opinion, or policy? Or law refferance?

Mark Heller
"Well - I oughta....." -Jackie Gleason

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Re: Required equipment? employer, or employee

#43751 10/21/04 11:39 PM

Joined: Jun 2003

Posts: 1,143

North Chicago, IL

D

DougW

Member

The only thing I can think of is the IRS allowance for "unreimbursed employee expenses" on a schedule A...

Re: Required equipment? employer, or employee

#43752 10/22/04 12:02 AM

Joined: Jul 2004

Posts: 29

Chicago, IL USA

K

KennyFrank Offline

Member

DougW makes a good point for sure, as far as where to recover the costs. Most Union rules / bylaws include a list of hand tools that an electrician must have in his tool bag - this list varies WILDLY from local to local: I've heard of differences from 25 to 75 tools, ranging from screwdrivers of several sizes and types, folding rules, several channellock pliers, drills and taps, hacksaw frame, nut drivers, and on and on. Does anybody know if the non-union groups like IEC have required tool lists for their members?

Even a blind hog can find an acorn every now and then

Re: Required equipment? employer, or employee

#43753 10/22/04 01:01 AM

Joined: Sep 2003

Posts: 200

Salt Spring, BC, Canada

U

u2slow

Member

Where I work...

Required means I provide. Recommended items, they provide incentive by paying 50%.

IMO, doesn't make sense for an employer to stipulate "required" if he is providing. The equipment would simply be provided, right? [Linked Image]

I lose my tools, I replace them. Somebody loses my tools, they replace them. I lose company tools... company replaces. They can replace me too [Linked Image]

[This message has been edited by u2slow (edited 10-22-2004).]

Re: Required equipment? employer, or employee

#43754 10/22/04 04:51 PM

Joined: Nov 2002

Posts: 456

C

classicsat Offline

Member

Saftey boots an apparrel: Employee

Common tools: Employee

Tools special to the job Employer or both.

Sitewide tools (which a crew as a whole would use or share the use of): employer.

Re: Required equipment? employer, or employee

#43755 10/22/04 06:31 PM

Joined: Apr 2001

Posts: 507

York, NE

G

golf junkie Offline

Member

We operate pretty much the same as u2slow.

Re: Required equipment? employer, or employee

#43756 10/22/04 06:45 PM

Joined: Mar 2004

Posts: 947

Regina, Sask.

T

twh

Member

My employers have always used the union list as a guide, although I suspect none of them have ever seen it.

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Re: Required equipment? employer, or employee

#43757 10/25/04 04:15 AM

Joined: Jul 2003

Posts: 394

Denver, CO USA

B

Big Jim

Member

This is probably a pretty unusual situation. When I started in industrial maintenance with the Postal Service, I was told that they would provide all the tools I needed and I was not allowed to bring any personal tools into the facility. That came as a real shock but, after 20 years of buying tools for work elsewhere, I sure have a nice set of tools at home now.
They also provide a clothing allowance for all the maintenance employees

Re: Required equipment? employer, or employee

#43758 10/25/04 04:46 AM

Joined: Jul 2002

Posts: 8,441

Likes: 4

SI,New Zealand

Trumpy

Member

Personally, when I was doing EC work, we provided our own hand tools, which in a sense was a better system, because if you lost or damaged a particular tool, it came out of your pocket to replace it.
You also bought your own safety boots, but were paid a footwear allowance.
Overalls were supplied by the employer and were also laundered at the cost of the employer.
All other safety equipment was also supplied by the employer.

Re: Required equipment? employer, or employee

#43759 10/25/04 05:58 AM

Joined: May 2003

Posts: 2,876

S.F.,CA USA

E

e57

OP

Member

The reason I ask is that I am trying to interpet a set of and Health/Safety, and Labor Codes. And seeing that many of us are at least apt to be able to interpet the NEC and other Codes, maybe we could give it a shot? Cause the way I read this is that I should nevr buy anything again.....

Quote

Title 8 regarding uniforms and equipment of the Construction Wage orders: http://www.dir.ca.gov/t8/11160.html (see below)

8. Uniforms and Equipment.

(A) When the employer requires uniforms to be worn by the employee as a condition of employment, such uniforms shall be provided and maintained by the employer. The term "uniform" includes wearing apparel and accessories of distinctive design or color.

(B) When the employer requires the use of tools or equipment or they are necessary for the performance of a job, such tools and equipment shall be provided and maintained by the employer, except that an employee whose wages are at least two (2) times the minimum wage may provide and maintain hand tools and equipment customarily required by the particular trade or craft in conformity with Labor Code Section 2802.

Reference to Labor Code: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=02001-03000&file=2800-2810

2802. (a) An employer shall indemnify his or her employee for all
necessary expenditures or losses incurred by the employee in direct
consequence of the discharge of his or her duties, or of his or her
obedience to the directions of the employer, even though unlawful,
unless the employee, at the time of obeying the directions, believed
them to be unlawful.
(b) All awards made by a court or by the Division of Labor
Standards Enforcement for reimbursement of necessary expenditures
under this section shall carry interest at the same rate as judgments
in civil actions. Interest shall accrue from the date on which the
employee incurred the necessary expenditure or loss.
(c) For purposes of this section, the term "necessary expenditures
or losses" shall include all reasonable costs, including, but not
limited to, attorney's fees incurred by the employee enforcing the
rights granted by this section.

Mark Heller
"Well - I oughta....." -Jackie Gleason