Italy’s Corte di Cassazione (the country’s highest court) has issued two rulings clarifying when workwear is not simply clothing, but legally qualifies as personal protective equipment (PPE). The distinction is not theoretical: once clothing counts as PPE, the employer must supply, maintain, repair and replace it on a fixed schedule under statutory rules.
When Does Clothing Count as PPE?
In a ruling of 5 March 2014 (No. 5176), the Court of Cassation examined the case of a municipal worker who maintained parks and public gardens and argued that his employer supplied too few overalls. The fabric overalls were replaced only every two to three years, even though frequent washing and heavy manual work wore them out faster. He therefore wore his own clothing and claimed damages. The lower courts rejected the claim and the Cassation dismissed the appeal. According to Filodiritto’s commentary, the court held that ordinary workwear and uniforms that mainly protect a worker’s own clothes from normal wear do not fall under the legal definition of PPE. Under the law in force at the time (Article 40 of Legislative Decree 626/1994, now Articles 74 et seq. of Legislative Decree 81/2008), clothing only qualifies as PPE when the tasks and working environment require protection of health or physical integrity and a concrete risk of injury has been demonstrated. Only then do the obligations to supply, maintain and replace equipment under Article 77 of Legislative Decree 81/2008 apply. The worker had also failed to show that his health or safety was genuinely at stake. The case also failed on procedural grounds: the claim concerned the type of overalls provided, not the failure to supply PPE as such, and that point had not been raised in the earlier proceedings.
A Recent Confirmation
A more recent ruling by the Labour Division of the Court of Cassation (No. 22539, 4 August 2025) follows the same line. According to the summary published by Brocardi, workwear can qualify as PPE when it actually functions, in practice, as a protective barrier against a risk to the worker’s health or safety, assessed under Article 2087 of the Italian Civil Code (the employer’s general duty of care) and occupational safety rules. The mere fact that someone wears a uniform or overalls is therefore not enough; the concrete protective function is what counts.
Context
This distinction is not unique to Italian law. EU Directive 89/656/EEC, which sets minimum requirements for the use of PPE at work across all member states, applies the same exclusion in Article 2: ordinary workwear and uniforms not specifically designed to protect a worker’s safety and health fall outside the definition of PPE. Italian law (Legislative Decree 81/2008) transposes this directive, so the same boundary question arises in a similar form in every EU member state.
For HSE professionals across the EU, this distinction is relevant even though Italian rulings do not bind courts in other member states. Anyone who specifies or supplies workwear should determine in advance whether it serves a concrete safety function. If it does, the directive requires that it be supplied free of charge, maintained and replaced in a timely manner.
Source: Cassazione Lavoro: la tuta di lavoro è un dispositivo di protezione individuale? (Filodiritto)
Further sources reviewed: Cassazione, Sez. Lavoro, sentenza n. 22539/2025, Directive 89/656/EEC, Article 2
