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HSE Legislation Update: Changes To PPE Regulations

From 6 April 2022, changes to the Personal Protective Equipment Regulations 1992 (PPER) will come into force, becoming the Personal Protective Equipment Regulations 2022.

The idea of these PPE changes is to extend the Health & Safety responsibilities of employers when it comes to PPE to take into account a broader definition of ‘worker’ and require employers to provide PPE free of charge to these workers.

As a result, the regulations now take into account those workers who:

Have a contract of employment – These are ‘employees’ who are covered by Section 2 of the Health and Safety At Work etc. Act 1974 and also by the existing PPE regulations. There are no changes to the duties to employees under the amendments and so employers should continue to provide high-quality PPE in line with the risks identified within their risk assessments, free of charge.
May not have a formalised contract of employment – The regulations now account for workers who may not have a formalised contract of employment and who are engaged in a more ‘casual’ way.

What do these PPE changes mean for you?

Put simply, the PPE regulation changes in PPER 2022 are centred around a definition of ‘worker’ that replaces the old terminology of ‘employee’ used in the 1992 regulations.

This means that the duties for employers have not changed for those on a direct contract of employment. However, due to the changes within the PPER 2022, more people may now fall into the category of ‘worker’ and so those contracting or engaging them to complete works on a personal basis may be required to provide PPE and training on the use of that PPE.

For those who are genuinely self-employed, there’s no requirement for the person contracting the work to provide them with PPE.

In summary, all workers (including employees and those who previously were regarded as ‘casual’ and similar terms) must now be provided with PPE and trained on using that PPE, unless they are genuinely self-employed.

PPE and health surveillance: your legal responsibilities

The requirement for PPE is regulated under various other health & safety legislation where there is a risk of exposure from:

Lead
Ionising radiation
Asbestos
Noise
Substances hazardous to health (for example, chemicals, fumes, dusts, non-water vapours, nanotechnology and/or gases)

Health & safety legislation also requires health surveillance to be carried out for the hazards mentioned above and, in some cases, where there is a reliance on PPE usage.

Remember that there is no guarantee that PPE will always be effective and used correctly by employees, therefore health surveillance is a key, legal component in ensuring your team’s health is protected from risks in the workplace.

For more information on how ELAS Occupational Health can help you comply with your statutory health surveillance responsibilities, get in touch with our team on 0161 667 3239 or complete the contact form to the right.

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