Work shoes and safety shoes: rights and assumption of costs by the employer

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.

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