Amended Personal Protective Equipment at Work Regulations 2022 – What has changed?
The new Personal Protection Equipment at Work (Amendment) Regulations 2022 come into effect on 6th April 2022. This legislation adds to the earlier Personal Protection Equipment regulation of 1992 and applies to all employers in Great Britain.
The key change in the regulation relates to a broadening of responsibilities to employees. Under the updated regulations, the core duties don’t change but are expanded to include more workers.
Responsibilities now cover limb (b) workers as well as limb (a). The Employment Rights Act 1996, section 230 (3) has two parts, referred to as limbs, to its definition of a worker. It outlines how limb (a) and limb (b) workers are differentiated.
What is meant by Limb (a) and Limb (b) workers?
Limb (a) workers have an employment contract. They are classified as employees under the Health and Safety at Work Act 1974 and are already covered by the Personal Protective Equipment at Work Regulations 1992.
Limb (b) workers have a more casual relationship with the employer, with a contract for service rather than an employment contract. The contract may or may not be written. These workers are not covered by the 1992 regulations.
Note that self-employed people do not fall into the limb (b) category.
The regulations define a worker as:
“an individual who has entered into or works under –
- a contract of employment; or
- 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.”
The amended regulations mean that employers need to treat limb (a) and limb (b) workers in the same way. It also means that limb (b) workers have the same responsibilities as other employees. Employees are required to use the PPE correctly, in accordance with the training and instruction provided by the employer. Employees are also required to report instances where equipment is defective or missing.
As was already stated in the 1992 legislation, where a risk assessment identifies that PPE is required, the employer must provide the PPE free of charge for workers to use. This will now cover everyone who falls under the definition of a worker.
PPE remains at the bottom of the hierarchy of controls. This means that other controls must be used first where possible, such as elimination of hazards or safer work practices, and PPE is the last resort where other controls are not possible.
Where PPE is required for work, employers are responsible for:
- Providing compatible PPE
- Ensuring that their workers have information and/or training on how to use the PPE properly
- Maintaining the PPE
- Storing PPE correctly
Some PPE requirements fall under separate legislation rather than PPER 1992. Examples of these include PPE to protect from risks of:
- Lead
- Exposure to ionising radiation
- Asbestos
- Chemicals, fumes and other substances hazardous to health
- Noise
Separate guidelines give details on PPE at work for reducing the transmission at work of COVID-19.
At Seton, we supply a wide range of high-quality PPE, safety signs and storage products to help you ensure that you are meeting the requirements of the PPER 2022.