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Personal protective equipment (PPE) at work regulations from 6 April 2022

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Posted By
gemmaprice
15/03/2022

As of the 6th of April 2022, Personal Protective Equipment at work Regulations 2022 (PPER 2022) will come into force to amend the original PPER 1992 regulations.

This means that an employer’s responsibility of providing, training and instruction of PPE extends from only direct employees to include other workers as described below. Where in the past, limb (a) workers have been included in an employer’s responsibility, this amendment now includes limb (b) workers.

Limb (a) workers; describes those with a contract of employment. This group are employees under the Health and Safety at work act 1974 and already in scope of PPER 1992.

Limb (b) workers; describes workers who generally have a more casual employment relationship and work under a contract for services and they do not currently come under scope of PPER 1992.

PPER 2022 also draws on this definition of worker and captures both employees and limb (b) workers:

“worker” means,

an individual who has entered into, or works under –

(a) a contract of employment; or

(b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

and any references to a worker’s contract shall be construed accordingly.

General duties of limb (b) workers

Generally, workers who come under limb (b):

  • carry out casual or irregular work for one or more organisations
  • after 1 month of continuous service, receive holiday pay but no other employment rights such as the minimum period of statutory notice
  • only carry out work if they choose to
  • have a contract or other arrangement to do work or services personally for a reward (the contract doesn’t have to be written) and only have a limited right to send someone else to do the work, for example swapping shifts with someone on a pre-approved list (subcontracting)
  • are not in business for themselves (they do not advertise services directly to customers who can then also book their services directly)

 

As every employment relationship will be specific to the individual and employer, the precise status of any worker can ultimately only be determined by a court or tribunal.

If a risk assessment indicates that an employee or limb (b) worker requires PPE to carry out their work activities, the employer must carry out a PPE suitability assessment and provide the PPE free of charge as they do for employees. It is still the employer who will be responsible for the maintenance, storage and replacement of any PPE they provide. If PPE is lost or becomes defective, the worker should still report this to their employer, this still remains unchanged under PPER 2022.

If PPE is required, employers must ensure their workers have sufficient information, instruction, and training on the use of PPE. A limb (b) worker will have the duty to use the PPE in accordance with their training and instruction, and ensure it is returned to the storage area provided by their employer.

Although the above PPER 2022 changes will come into force on 6th April 2022, the types of duties and responsibilities on employers and employees under PPER 1992 will remain unchanged but will extend to limb (b) workers as defined above or in PPER 2022.

HSE Inspectors already include PPE as a part of a routine HSE inspection and enforcement action can be anything from verbal advice to enforcement notices and in the most serious of cases, prosecution of the duty holders.

For more information, please have a look at the HSE’s latest guidance HERE

Posted By
gemmaprice
Member of Construction Products Association
National Specialist Contractors Council
Passive Fire Protection Federation
CITB
The Alliance for Sustainable Building Products