Regulations 44–47: WHS Personal Protective Equipment

Regulatory citation: Model Work Health and Safety Regulations, Chapter 3, Part 3.2, Division 5, Regulations 44–47 (Personal protective equipment)

What Are the WHS Personal Protective Equipment Regulations?

Regulations 44 to 47 of the model WHS Regulations set out who must provide personal protective equipment (PPE), what standard it must meet, and what workers and other people at the workplace must do when PPE is provided. PPE includes items such as respirators, hearing protection, gloves, safety footwear, eye protection, high-visibility clothing and fall arrest harnesses.

Under the hierarchy of control in regulation 36, PPE is a lower-order control. It is used to minimise remaining risk after higher-order controls, or alongside them. Regulation 44 applies when PPE is to be used to minimise a risk under regulation 36.

Why PPE Rules Matter

PPE only protects the wearer if it is the right type, fits properly, is in good condition and is actually worn. Poorly fitting or uncomfortable PPE is often taken off. These regulations make the PCBU responsible for getting those details right, and they make workers responsible for using PPE properly.

Core Obligations

1. Provide the PPE (r44(2))

The PCBU who directs the carrying out of work must provide PPE to workers at the workplace, unless another PCBU has already provided it. This commonly arises with labour hire, where the agency or the host may supply equipment. Under section 273 of the model WHS Act, a PCBU must not charge or levy a worker for PPE.

2. Select PPE to Minimise Risk (r44(3)(a))

PPE must be selected to minimise risk to health and safety. This includes ensuring it is suitable for the nature of the work and any hazard associated with the work, and that it is a suitable size and fit and reasonably comfortable for the worker who is to use or wear it. One-size-fits-all equipment may not meet this standard for every worker.

3. Maintain, Repair or Replace PPE (r44(3)(b))

PPE must be maintained, repaired or replaced so it continues to minimise risk to the worker. This includes ensuring it is clean and hygienic and in good working order. Filters, cartridges, harnesses and hearing protectors all have service lives that need tracking.

4. Make Sure PPE Is Used (r44(3)(c))

The PCBU must ensure, so far as is reasonably practicable, that the worker uses or wears the PPE. Supervision, clear signage for PPE areas and addressing comfort complaints all help. Providing PPE and then ignoring whether it is worn does not meet the duty.

5. Train Workers on PPE (r44(4))

Workers must be given information, training and instruction in the proper use and wearing of PPE, and in its storage and maintenance.

6. Protect Other People at the Workplace (r45)

The PCBU who directs the work must ensure, so far as is reasonably practicable, that PPE used or worn by people other than workers, such as visitors, is capable of minimising risk to them and is actually used or worn.

7. Worker Duties (r46)

Where a worker is provided with PPE, the worker must, so far as they are reasonably able, use or wear it in accordance with any information, training or reasonable instruction. They must not intentionally misuse or damage it. They must tell the PCBU about any damage, defect, or need to clean or decontaminate PPE that they become aware of.

8. Duties of Other Persons (r47)

A person other than a worker must wear PPE at the workplace in accordance with any information, training or reasonable instruction provided by the PCBU at the workplace. This covers visitors, delivery drivers and others on site.

Common Compliance Approaches

PPE Selection Register

Record each task, the hazard, the PPE type and standard required, available sizes and replacement intervals. Review it when tasks or products change.

Fit and Comfort Trials

Offer a range of sizes and models, including options designed for different body shapes, and let workers trial them before standardising.

Inspection and Replacement Routine

Set pre-use checks for workers, scheduled inspections for items such as harnesses, and a simple way to report and replace damaged PPE.

Example: PPE Management in Practice

A metal fabrication business identifies grinding as a source of noise, flying particles and dust. It fits local exhaust and moves grinding to a screened bay, then provides earmuffs, face shields and P2 respirators for the remaining risk. Workers try several respirator models and are fit tested on the one they will use. Supervisors check PPE use on each shift, and a sign at the bay tells visitors to wear eye protection. When a worker reports a cracked face shield, it is replaced the same day.

Related regulations: WHS hierarchy of controls, WHS information, training and instruction, WHS noise regulations.

Note: This summary is based on the model WHS laws published by Safe Work Australia. The model laws only have legal effect once a jurisdiction adopts them. Most states and territories have adopted them with some variations, which can include different wording or regulation numbers, while Victoria has not adopted the model WHS laws and has its own OHS laws. Amendments to the model laws apply only once a jurisdiction adopts them. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

Can a business charge workers for PPE?

No. Section 273 of the model WHS Act prevents a PCBU from imposing a levy or charge on a worker for anything done or provided in relation to work health and safety, which includes PPE.

Who provides PPE to labour hire workers?

The PCBU who directs the carrying out of the work must provide PPE unless it has already been provided by another PCBU. The host and the labour hire provider should agree who supplies what.

Have the PPE rules changed recently?

Yes, at the model level. In December 2025 Safe Work Australia published amended model WHS Regulations that include changes clarifying the PPE requirements in regulation 44. This guide describes regulation 44 as it reads in jurisdictions that have adopted the earlier model wording. The model changes apply only once each jurisdiction adopts them, so check the current regulation in your state or territory.