From 6 April 2022 the regulations on wearing PPE at work are changing. Here, we explain what’s changing for who, and why.
The updated Regulations will apply to all employers in Great Britain in a wide range of sectors and industries.
Workers are required to use the PPE properly following training and instruction from their employer.
What does it mean?
UK health and safety legislation does not currently have a definition of worker. Worker is defined in section 230(3) of the Employment Rights Act 1996. The definition has two ‘limbs’: limb (a) and limb (b).
limb (a) are employees under the Health and Safety at Work Act 1974 (HSWA) and are already in scope of the Personal Protective Equipment at Work Regulations 1992 (the PPER 1992)
limb (b) are those who generally have a more casual employment relationship and work under a contract for service; this group are known as limb (b) workers and do not currently come under the scope of the Personal Protective Equipment at Work Regulations 1992 (the PPER 199
This does not provide for any additional duties under the PPER 1992; rather it extends existing duties.
The following existing obligations and requirements on employers and employees under the PPER 1992 will be extended to limb (b) workers:
Regulation 4 requires an employer to provide suitable PPE to an employee where risks to the employee’s health and safety cannot be controlled by other means
Regulation 5 requires an employer to ensure that where two (or more) pieces of PPE are worn simultaneously, they are compatible with each other
Regulation 6 specifies that before choosing any PPE an employer is required to make an assessment to determine whether the PPE they intend to provide will be suitable
Regulation 7 requires employers to ensure that any PPE provided to their employees is maintained, or cleaned/replaced, as needed
Regulation 8 requires an employer to ensure appropriate accommodation is provided for the when it is not being used
Regulation 9 requires employers to ensure that suitable information, instruction and training is provided to their employees who are required to wear PPE
Regulation 10 requires employers to take all reasonable steps to ensure that PPE they provided is properly used. Employees are required to ensure the PPE they are provided is used in accordance with the training and instructions they are given and take reasonable steps to ensure the PPE is returned to the accommodation provided after use
Regulation 11 requires employees to report the loss or defect of PPE that has been provided to them.
