Guide: Expert knowledge on occupational safety and PPE
Guide: Expert knowledge on occupational safety and PPE
High-visibility clothing: Class 1, 2 or 3 – what applies according to EN ISO 20471
Class 1, 2, or 3: We explain what high-visibility clothing according to EN ISO 20471 must achieve and how to choose the right class.
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Choosing the right protective gloves – standards, protection classes and areas of application
Which protective glove is suitable for which hazard? We explain EN 388, EN ISO 374, and what matters when choosing.
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Safety shoes – what really matters when buying
Safety shoes are no compromise. Anyone who is on their feet for eight hours a day needs shoes that not only protect but are also comfortable enough to want to wear. When buying, you are faced with abbreviations like S1, S1P, S3, S3L, or S3S and the question of which protection class suits your workplace. This guide explains the protection classes according to EN ISO 20345, shows the innovations of the current standard, and provides you with criteria to help you make an informed choice when selecting safety shoes. What all safety shoes according to EN ISO 20345 offer The EN ISO 20345 standard defines the requirements for safety shoes. A common feature of all safety shoes is the toe cap: it withstands an energy of at least 200 joules, which corresponds to the impact of a 20 kg object from a height of one meter. From category S1 onwards, additional basic requirements are added: closed heel area antistatic properties energy absorption in the heel area The current version is EN ISO 20345:2022. Safety shoes placed on the market after March 30, 2023, must be certified according to this standard. Shoes according to the previous 2012 standard are still frequently used in operation, which is why you may encounter both labels. The protection classes at a glance: S1, S2, S3 and their variants The protection classes summarize the most common combinations of basic and additional requirements under an abbreviation: S1: Basic protection with toe cap, closed heel area, antistatic properties, and energy absorption in the heel area. Suitable for dry environments. S1P, S1PL, S1PS: same as S1, additionally with penetration resistance against sharp objects on the ground. S2: same as S1, additionally with protection against water penetration and water absorption. The shoe has limited moisture absorption. S3: same as S2, additionally with penetration resistance and a treaded sole. The all-rounder for construction sites and outdoor use. S3L, S3S: same as S3, but with non-metallic penetration resistance. S6, S7: variants of S2 and S3 with additional waterproofness of the entire shoe. P, PL or PS: What the penetration resistance means The 2022 standard distinguishes between three types of penetration resistance. P stands for a metal insert. PL and PS are non-metallic inserts tested with nails of different sizes: PL with a large one ("Large"), and PS with a small one ("Small"). Non-metallic inserts are often lighter and more flexible, but contain no metal. Which variant is more suitable depends on your application and comfort requirements. Additional markings: What else you should look for In addition to the protection class abbreviation, other codes indicate supplementary properties: SR: Slip resistance on ceramic tiles with glycerin. In the 2022 standard, testing for slip resistance on ceramic tiles with detergent is a basic requirement; SR indicates the additional, optional test with glycerin. ESD: Protection against electrostatic discharge, important in electronics manufacturing. CI: Cold insulation of the sole, e.g., for work outdoors in winter or in cold storage. LG: Ladder grip. SC: Scuff cap abrasion resistance. Before buying, check whether your application requires one of these features. Especially on wet or oily floors, slip resistance is often the deciding factor for safety. Which protection class for which application? The protection class you need is determined by the risk assessment. As a guide for typical areas of application: Dry indoor areas, warehouses, assembly: S1 or S1P if additional penetration resistance is required. Workshops and industry with occasional moisture: S2 or S1P. Construction site, trade, outdoor use: S3, S3L, or S3S with penetration resistance and a treaded sole. Permanently wet environments: Rubber boots or shoes with additional waterproofness. If there is no risk to the toes, an occupational shoe according to EN ISO 20347 with categories O1 to O5 may be sufficient. The risk assessment will clarify this as well. Fit and comfort: Why the best shoe is one that fits A safety shoe that pinches will not be worn. Therefore, pay attention to these points when buying: Toe area: The toes should be able to move freely in the cap area without bumping into it. Trying on: Try on shoes in the afternoon if possible, when feet are swollen, and wear your work socks. Insole: An insole that matches your foot type relieves strain during long periods of standing and walking. Weight and flexibility: The lighter and more flexible the shoe, the less the foot tires. Modern materials make this possible without sacrificing protection. Socks: Functional socks wick away moisture and prevent pressure points. Suitable models can be found under Socks and Accessories. Care and replacement: How to maintain protection Safety shoes are wear items. Clean them regularly, let wet shoes dry slowly at room temperature, and follow the manufacturer's care instructions. Replace your shoes if: the sole is heavily worn down or coming loose the toe cap is exposed or deformed, for example after a hard impact the upper material has cracks or the seams are coming apart the fit is no longer correct due to wear of the inner lining Conclusion: Clarify the risk first, then choose the shoe The appropriate protection class is determined by your workplace, the additional markings by the specifics of your environment, and acceptance is decided by the fit. At Technigro, you will find safety shoes of all protection classes with manufacturer-independent standard specifications and detailed product information so that you can make an informed decision. Read more about the classification of standards and protection classes in the article Choosing PPE correctly – what lies behind the standards. Sources EN ISO 20345:2022 “Personal protective equipment – Safety footwear” and EN ISO 20347:2022 “Occupational footwear” DGUV Section PPE, Abbreviations according to EN ISO 20345 and 20347, dguv.de DGUV Rule 112-191 “Use of foot and knee protection”, Annex 3 “Abbreviations of combinations”, vorschriften.bgn-branchenwissen.de Regulation (EU) 2016/425 on personal protective equipment, eur-lex.europa.eu
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Corporate clothing with high recognition value – why customization is more than just a logo
Workwear is a matter of course in many companies. With your logo, your colors, and your style, it becomes a presentation: employees on the construction site, in the warehouse, or with the customer are immediately recognizable as part of your company. However, corporate clothing with high recognition value is not created by just slapping on a logo. This guide explains which finishing methods are available, what you should consider regarding placement and material, and what you need to pay special attention to when it comes to protective clothing. Corporate clothing with a logo: Why finishing is worth it Branded workwear has several effects that go beyond just the look: Professional impression: Teams that appear uniform in customer interactions seem competent and trustworthy. Recognizability: On construction sites, in warehouses, or on large company premises, your employees can be clearly identified by customers, visitors, and colleagues. Sense of belonging: A common look strengthens the team spirit. Advertising effect: Your logo is visible in everyday life without you having to invest in additional advertising space. An overview of finishing methods: Embroidery, screen printing, and DTF Which method is suitable depends on the garment, the design, and the quantity. An overview of the three most common techniques: Embroidery With embroidery, the design is stitched into the fabric with yarn. The result looks high-quality, is very durable, and survives many washes. Embroidery is particularly suitable for polos, jackets, softshells, and caps. The method reaches its limits with very fine details or tiny text. Screen printing In screen printing, ink is pressed through a screen onto the textile. It delivers vibrant colors and is economical for larger quantities. Typical areas of application are T-shirts and sweatshirts with clear, low-color designs. DTF transfer printing With the DTF (Direct-to-Film) process, the design is first printed onto a film and then transferred to the textile. It allows for full-color designs with gradients, even in small quantities, and is suitable for many textiles. Which technique fits which garment? Polos, softshell jackets, and caps: usually embroidery for a high-quality, long-lasting appearance T-shirts and sweatshirts: screen printing or DTF, depending on the design and quantity Multi-colored logos with gradients: DTF or embroidery, depending on size and level of detail Large quantities with a simple design: screen printing Browse our range, for example, for T-shirts and sweatshirts, jackets, and our entire range of workwear. Placement, size, and logo file: How to get a convincing result A good result depends on the details: Placement: The left chest, back, or sleeve are standard. The logo should be clearly visible without hindering freedom of movement or access to pockets. Size and legibility: The logo should remain recognizable even from a distance of a few meters. Very fine lines and small text can get lost with some methods. Contrast: The logo must stand out from the fabric. A lighter version of your logo may be necessary for dark textiles. File format: It is best to have your logo as a vector file (e.g., SVG, EPS, or PDF) or at least in high resolution. Caution with protective clothing: Finishing must not reduce protection For workwear with protective functions, finishing is not purely a design issue. Protective clothing is certified and marked with a standard. The finishing process must not lead to a loss of the type examination or a restriction of the protective effect. In practice, this applies primarily to these areas: High-visibility clothing: Minimum areas of fluorescent and retroreflective material are required for every high-visibility class. Prints and emblems must not restrict these areas. DGUV Information 212-016 "Warning clothing" contains detailed information on this. Flame-retardant clothing: Emblems, patches, and printing materials must be compatible with the protective clothing so that the protective effect is maintained. Weather protection and other protective clothing: Clarify with the manufacturer in advance whether the clothing can be finished and which methods are permitted. If a print or emblem is planned, ask the manufacturer beforehand whether this is possible and if the clothing will still meet the requirements of the standard. Furthermore, have the finishing of protective clothing carried out by specialized companies that have experience with certified clothing. You can read more about the standards in the article Choosing PPE correctly – what lies behind the standards. Coming soon to Technigro: the customizer directly in the shop We are currently working on a solution to make the finishing of corporate clothing much easier. Technigro will soon offer a customizer directly in the shop, with which you can personalize your corporate clothing online. Until then, we are happy to advise you personally: call us at 033439 – 85 250. Checklist before ordering corporate clothing Purpose and usage environment clarified Is it protective clothing? If so, coordinate finishing with the manufacturer in advance Selected the appropriate finishing technique for the textile, design, and quantity Placement and size of the logo determined Logo provided as a vector file or in high resolution Care instructions for the clothing noted so that the finishing lasts a long time Conclusion: Corporate clothing is your appearance Good finishing combines appearance, durability, and, in the case of protective clothing, compliance with standards. With the right method and well-thought-out placement, workwear becomes a figurehead for your company. At Technigro, you will find a large selection of workwear and high-visibility clothing, and with the upcoming customizer, designing your corporate clothing will be even easier. Sources DGUV Information 212-016 "Warning clothing", bgbau.de KomNet NRW, Dialogue 6713 "Are applications on high-visibility clothing permitted?", komnet.nrw.de Handwerksblatt, "More space for logos and emblems", handwerksblatt.de
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Choosing the right PPE – what lies behind the standards
When purchasing protective equipment, you quickly encounter designations like EN 388, EN ISO 20345, or CAT III. In addition, there is the CE marking, pictograms with numbers and letters, and terms such as declaration of conformity or type examination. For buyers, safety specialists, and managing directors, the question arises: How do I know that personal protective equipment (PPE) truly matches my hazard and is legally compliant? This guide leads you through the legal framework, explains the PPE categories and standards, shows you how to read markings, and gives you a clear roadmap for selection. What is PPE and when is it used? PPE stands for Personal Protective Equipment. This refers to products that employees wear on their body or carry with them to protect themselves from work-related hazards. Typical examples include: Head protection such as industrial safety helmets Eye and face protection such as safety goggles and visors Hearing protection such as earmuffs and earplugs Respiratory protection such as particle masks and half masks with filters Protective gloves against mechanical, thermal, and chemical influences Safety shoes and boots Protective clothing and high-visibility clothing Fall protection such as harnesses The order of priority in occupational safety is important: PPE is used when hazards cannot be avoided through technical or organizational measures. It is therefore not a substitute for safe machinery and processes, but the final level of protection that employees must rely on. This is precisely why it must be reliable. The legal framework: Four sets of rules you should know When it comes to PPE, several sets of rules interlock. Each is aimed at a different target audience: Regulation (EU) 2016/425 (PPE Regulation): This is aimed at manufacturers, importers, and distributors and sets out the requirements PPE must meet before it can be placed on the market in the EU. It replaced the former Directive 89/686/EEC and has been binding since April 21, 2018. Occupational Health and Safety Act (ArbSchG): It obligates the employer to assess hazards in the workplace (Section 5) and derive measures from this. PPE Use Regulation (PSA-BV): This regulates how the employer selects, provides, and allows the use of PPE. According to Section 2 of the PSA-BV, only PPE that meets the conditions of the European PPE Regulation may be selected, provided, and used. DGUV Rules of the 112 series: These specify the requirements for individual types of PPE, for example, for head protection, protective gloves, or respiratory protection. Who is responsible for what? Manufacturer: Designs the PPE, has it tested according to the category, issues the declaration of conformity, and applies the CE marking. Distributor: Must check whether the PPE is CE-marked and whether instructions for use and proof of conformity are present. Employer: Identifies hazards, selects suitable PPE, provides it, instructs employees, and ensures it is in perfect condition. Employees: Use the PPE as intended and report any defects. Companies ordering PPE should therefore take their role seriously: The responsibility for the correct selection lies with the employer, even if the distributor can provide advice. CE marking, declaration of conformity, and identification number Every piece of PPE within the scope of the regulation must bear the CE marking. By doing so, the manufacturer declares that the product meets the basic safety and health requirements of the regulation. This includes the EU declaration of conformity. It must accompany the PPE; alternatively, the declaration of conformity may state an internet address where it can be accessed. For Category III PPE, a four-digit identification number follows the CE mark. It belongs to the notified body that monitors the manufacturer's ongoing production. The EU type-examination certificate, on which the approval is based, is valid for a maximum of five years and must be renewed afterwards. Why the CE marking alone is not enough The CE marking shows that a product meets the requirements of the regulation. However, it does not say what it protects against and how well. A glove with a CE marking may protect against cuts, chemicals, or cold, or against none of these to a sufficient degree. The specific performance is stated in the standard reference and the performance levels on the product. The three PPE categories: I, II, and III The regulation classifies PPE according to the risk it is intended to protect against. The stringency of the conformity assessment depends on the category: Category I (low risk): Simple PPE against minor risks, for example, dishwashing and gardening gloves. The manufacturer carries out the conformity assessment itself (internal production control, Module A). Category II (medium risk): This includes all PPE that is neither Category I nor III. Typical examples are industrial safety helmets, safety shoes, protective gloves against mechanical risks, and high-visibility clothing. An EU type examination (Module B) by a notified body is mandatory. This is followed by conformity with the type (Module C). Category III (high risk): This PPE protects against mortal danger or serious, irreversible health damage. Examples are fall protection, hearing protection, respiratory protection, and chemical protective gloves. In addition to the type examination, a notified body monitors the production (Modules C2 or D). The higher the category, the stronger the independent control. For Category III products, it is worth checking the marking, identification number, and instructions for use particularly thoroughly. What standards have to do with PPE The PPE regulation describes requirements in general terms. European standards define how they are specifically to be met and tested. They define test procedures, minimum requirements, and performance levels, making products comparable. If a product meets the relevant harmonized standard, it is presumed to be in conformity with the corresponding requirements of the regulation. Standards are not static; they are revised. Two examples show what this means for purchasing: EN 388: Since the publication of the 2016 version in the Official Journal of the EU on June 1, 2017, protective gloves against mechanical risks may only be placed on the market according to the new standard. It supplemented, among other things, the cut test according to EN ISO 13997 and an impact test. EN ISO 20345: The 2022 revision introduced new categories (S3L, S3S, S6, S7), a modified slip resistance test, and new additional markings. Safety shoes placed on the market after March 30, 2023, must be certified according to the new standard. Shoes from the old standard series are still in use in many companies. Therefore, when buying, check which version of a standard a product was tested against. The year of publication is stated in the standard reference. Key standards at a glance Head protection: EN 397 for industrial safety helmets. More in the article Industrial safety helmet according to EN 397. Products under Head protection. Eye and face protection: EN 166 for safety goggles and visors: Eye protection. Hearing protection: EN 352 for earmuffs and earplugs: Hearing protection. Respiratory protection: EN 149 for filtering half masks (FFP1 to FFP3): Respiratory protection. Hand protection: EN 388 (mechanical risks), EN ISO 374 (chemicals and microorganisms), EN 407 (heat), and EN 511 (cold). More in the article Choosing protective gloves correctly. Products under Work and protective gloves. Foot protection: EN ISO 20345 for safety shoes and EN ISO 20347 for occupational shoes. More in the article Safety shoes – what really matters when buying. High-visibility protection: EN ISO 20471 for high-visibility warning clothing. More in the article High-visibility clothing according to EN ISO 20471. Products under High-visibility clothing. Weather and cold protection: EN 343 against rain, EN 342 against cold: Weather and cold protection. Fall protection: EN 361 for harnesses, matching accessories under Accessories for fall protection. How to read markings on the product On PPE, you will find pictograms, standard references, and abbreviations. A few examples help with classification: EN 388 “4X42C”: Abrasion Level 4, Coupe cut test not tested (“X”), tear resistance Level 4, puncture resistance Level 2, cut protection Level C according to the ISO procedure. EN ISO 374-1 “Type A”: Chemical protective glove with at least 30 minutes breakthrough time against at least six test chemicals. EN ISO 20345 “S3 SR”: Safety shoe with toe cap, water protection, penetration protection, profiled sole, and additionally tested slip resistance. EN ISO 20471 “Class 2”: High-visibility clothing with at least 0.50 m² fluorescent and 0.13 m² retroreflective material. EN 397 with “-30 °C” or “440 V AC”: Industrial safety helmet with optional additional test for cold or against electrical voltage. An “X” usually means “not tested.” Higher numbers are only better within their own test. Therefore, always compare the values that are relevant to your hazard. Choosing PPE correctly: Seven steps to the right equipment Identify hazards: The hazard assessment according to Section 5 of the Occupational Health and Safety Act clarifies what risks your employees are exposed to: mechanical, thermal, chemical, noise, dust, falls, lack of visibility, or weather. Check technical and organizational measures: Can the hazard be eliminated or reduced at the source? PPE complements these measures; it does not replace them. Define protection goal and standard: The required standard and performance level result from the hazard, e.g., cut protection level, high-visibility class, or protection class S1 to S3. Check marking and documents: Look for the CE marking, identification number for Category III, standard reference with year of publication, performance levels, instructions for use, and declaration of conformity. Clarify fit, comfort, and compatibility: PPE that pinches or hinders will not be worn. Multiple protective items must fit together, such as helmet, hearing protection, and safety goggles. Instruct employees: They must know how to put on, use, and maintain the PPE and when it must be replaced. Regularly review: The condition, wear, and suitability of the PPE are regularly checked, even if activities or workplaces change. Typical PPE combinations by area of application The hazard assessment determines which specific PPE you need. As a guide for common areas of application: Construction site and trade: Industrial safety helmet, S3 class safety shoes, protective gloves, hearing protection for noise, and high-visibility clothing in traffic areas. Industry and metalworking: Cut-resistant gloves, safety goggles, hearing protection, safety shoes with penetration protection, and heat protection if necessary. Warehouse and logistics: Safety shoes, high-visibility clothing for forklift and vehicle traffic, assembly or leather gloves, and appropriate cold protection if necessary. Cleaning, laboratory, and chemistry: Chemical protective gloves according to EN ISO 374, eye protection, and respiratory protection and protective clothing if needed. Working outdoors: Weather and cold protection, high-visibility weather protection, robust gloves, and weatherproof shoes. Employer obligations in detail Provide suitable PPE: It must meet the requirements of Regulation (EU) 2016/425 and match the identified hazards. Bear the costs: The costs for occupational safety measures must not be imposed on employees. Instruct: Employees are instructed on proper use before initial use and regularly thereafter. Ensure condition: PPE must be functional and hygienically perfect. Damaged or worn equipment is replaced. Create operating instructions: For complex PPE, such as respiratory protection or fall protection, operating instructions are mandatory. Anyone who provides unsuitable or non-standard-compliant PPE bears responsibility in the event of damage. Therefore, document the hazard assessment, selection decision, and instructions in a traceable manner. Testing, maintaining, storing, and replacing Even the best PPE only protects as long as it is in perfect condition. Observe these principles: Check PPE for visible damage such as cracks, deformations, or detached parts before every use. Follow the manufacturer's care, storage, and cleaning instructions. Note the manufacturer's information on the maximum service life and expiration dates. Replace PPE after heavy strain, for example, after a blow to the helmet or the toe cap, even if nothing can be seen on the outside. Store PPE in a dry place protected from direct sunlight. Common mistakes when purchasing PPE Deciding based solely on price: Cheap PPE without reliable testing can fail in an emergency. Confusing CE marking with protective effect: Without a standard and performance level, it is not clear what the product protects against. Ignoring the standard version: Old and new markings are not always directly comparable. Neglecting fit: PPE that is not worn does not protect. Not checking combinations: Helmet, hearing protection, and goggles must function together, otherwise the protective effect will suffer. Forgetting instruction: Even the best PPE is of little use if no one knows how to put it on or maintain it properly. Skipping the hazard assessment: Without it, the selection remains a gut feeling. Checklist: PPE procurement at a glance Hazard assessment current and documented Technical and organizational measures checked Protection goal, standard, and performance level defined CE marking present; identification number present for Category III Standard reference with year of publication and pictogram on the product Instructions for use and declaration of conformity available Fit and compatibility with other PPE clarified Instruction planned and documented Testing, maintenance, and replacement intervals defined Frequently asked questions about PPE Is the CE marking sufficient as proof of suitability? No. The CE marking shows that a product meets the requirements of the PPE Regulation. Whether it is suitable for your hazard can be determined by the standard and the performance levels on the product. What does Category III mean for PPE? Category III includes PPE intended to protect against mortal danger or serious, irreversible health damage, such as fall protection, hearing protection, or chemical protective gloves. Here, in addition to the type examination, monitoring of production by a notified body is mandatory. Must the employer pay for the PPE? Yes. Costs for occupational safety measures must not be imposed on employees. Therefore, the employer pays for PPE that they are required to provide. How long does PPE last? This depends on the product, the strain, and the manufacturer's information. Some products have a specified service life or expiration date, while others are replaced when wear becomes visible. Check PPE before every use. Can safety shoes be continued to be worn after the old standard? Shoes compliant with the 2012 standard remain in use in many companies. Since March 30, 2023, only shoes compliant with EN ISO 20345:2022 may be placed on the market. In any case, the decisive factor is that the shoes are suitable for the hazard and are in perfect condition. Who decides which PPE is necessary? This is determined by the employer's risk assessment. Occupational safety specialists and company doctors provide support in this process. Conclusion: Those who understand the standards choose more safely The CE mark shows that a product meets the requirements of the PPE Regulation. The category indicates how strictly it was tested, and the standard indicates what a product protects against and how well it does so. With a sound risk assessment, the correct standard, appropriate equipment, and good training, you create protection that truly proves effective in everyday work. At Technigro, you will find standard specifications directly in the product information, allowing you to make an informed decision about what really protects your team. Sources Regulation (EU) 2016/425 on personal protective equipment, eur-lex.europa.eu DGUV, Information on the PPE Regulation (EU) 2016/425, dguv.de IFA, Testing and certification according to the PPE Regulation, dguv.de/ifa IHK Munich, Fact sheet on Regulation (EU) 2016/425, ihk-muenchen.de TÜV SÜD, Whitepaper "The new PPE Regulation (EU) 2016/425", bgbau.de TÜV Rheinland, Flyer on EN 388:2016, tuv.com DGUV, Abbreviations according to EN ISO 20345 and 20347, dguv.de DGUV rules for the use of PPE (112-189, 112-190, 112-191, 112-192, 112-193, 112-194, 112-195, 112-198), dguv.de PPE Use Regulation (PSA-BV), gesetze-im-internet.de Occupational Health and Safety Act (ArbSchG), §§ 3 and 5
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Frequently asked questions about occupational safety and PPE
Is my employer required to provide me with personal protective equipment?
Is my employer required to provide me with personal protective equipment?
Yes. According to Section 3 (3) of the Occupational Health and Safety Act, the employer must provide the necessary PPE free of charge as soon as a risk assessment in accordance with Section 5 of the Occupational Health and Safety Act indicates that it is required.
Is the wearing of PPE voluntary?
Is the wearing of PPE voluntary?
No. Once PPE has been designated as necessary by the employer, employees are required to wear it. This is not an option, but part of the company's occupational health and safety system.
Why is PPE not simply used whenever a hazard exists?
Why is PPE not simply used whenever a hazard exists?
Because the so-called STOP principle applies: substitution, followed by technical, then organizational, and only lastly personal protective measures. PPE is therefore only used when a hazard cannot otherwise be eliminated or sufficiently reduced.
Who determines which PPE is required in my company?
Who determines which PPE is required in my company?
The employer determines this as part of the risk assessment in accordance with Section 5 of the Occupational Health and Safety Act. In addition, industry-specific DGUV rules (e.g., 112-991 for foot and knee protection) specify the practical requirements.
As an employee, is there anything I need to keep in mind, or is everything up to the employer?
As an employee, is there anything I need to keep in mind, or is everything up to the employer?
Both sides have obligations. The employer must provide PPE and provide instruction on its safe use; employees must wear the provided PPE as intended and report any defects.
What happens if PPE is available but not worn?
What happens if PPE is available but not worn?
This is one of the most common mistakes in practice. Here, the employer needs to take action in the form of instruction and, if necessary, monitoring. Failure to use or inadequate use despite provision does not absolve one of responsibility.
