Agency Workers - Should the employer provide PPE?

Can anyone advise if the employer of agency staff are responsible for the provision of basic non task specific PPE such as hard hats, gloves, coveralls,. eye protection, high vis vests, cold weather jackets etc.

These workers normally arrive on site with their own initial kit. However this has come about because a number of the existing temporary agency workers are now coming to employer and asking for kit to replace their own equipment which has suffered “wear & tear”.

This has always been a bit of a grey area depending upon who is deemed to be their employee i.e. Employer or the Agency. The agency position is that the individual is responsible for providing their own basic PPE - the agency does not provide them with any kit.

The HSE position is stated in this guidance note http://www.hse.gov.uk/pubns/indg174.pdf

“…An employer cannot ask for money from an employee for PPE, whether it is returnable or not. This includes agency workers if they are legally regarded as your employees. If employment has been terminated and the employee keeps the PPE without the employer’s permission, then, as long as it has been made clear in the contract of employment, the employer may be able to deduct the cost of the replacement from any wages owed….”

So the issue probably falls on whether or not they are legally our employees or not. Is this purely an health & safety issue or does it fall under the Agency Worker Regulations? If so is this potentially a Day 1 obligation of the employer or a Week 12 obligation of the employer?