Changes to Personal Protective Equipment (PPE) regulations from 6 April 2022 mean employers need to think about how this affects them and their workforce. The amendments have the potential to affect any industry, such as construction, care, manufacturing and agriculture, using a limb (b) worker.
HSE inspectors include assessment of PPE as part of their inspections already and will continue to do so, only now they will be considering the new amendment that takes into account ‘workers’, to ensure that all workers are being provided appropriate PPE.
The importance of PPE
Since the pandemic began, you may have seen us mention PPE in a few of our blog posts, such as our ‘Opening up your business after lockdown’ blog here and our ‘Community & Care Farms – guidance for managing risk’ blog here.
PPE not only helps prevent health and safety risks but gives that extra layer of protection in the event of an accident actually happening.
Recently, when hearing ‘PPE’, we have become accustomed to thinking of face masks and disposable gloves. However, businesses have been educated and engaged with protecting their workforce with items such as helmets and hard hats, high-vis clothing, goggles, steel toe cap shoes, and more, since the introduction of the Health and Safety at Work Act 1974 and the Personal Protective Equipment at Work Regulations 1992.
What does the amendment mean for employers?
Under the PPER 1992, every UK employer is responsible for providing suitable PPE, free of charge, to ‘employees’ that are exposed to health and safety risks while at work. Although this duty remains the same, the PPER 2022 extends this duty to ‘workers’, meaning employers now must also provide PPE for contracted workers, also described as limb (b) workers. Learn more about the difference between employees and workers here.
Therefore, from 6 April 2022, under the PPER 2022, employers must provide any worker who has a contract of service, including casual or irregular workers but excluding those that are self-employed, with the correct PPE to enable them to do their job safely.
As they would for their employees, the duties that now fall on the employer are to assess the risks exposed to the worker, provide appropriate PPE free of charge, and ensure that the PPE is correctly used, maintained and stored.
What does the amendment mean for workers?
The PPER 2022 benefits workers, as now they will receive free PPE, which previously, they would have had to source themselves and at their own cost.
The only duties that the worker incurs is to report any defects or loss of the PPE to the employer, use the PPE as per the training they have been provided, and return the PPE to the storage place the employer has provided.
Interim guidance
To help employers understand how the changes may affected them and their workplace, and how to prepare for these changes, the HSE has prepared interim guidance here. You can also read the HSE eBulletin: Personal Protective Equipment at Work (Amendment) Regulations 2022 here to learn more.
Contact us
We are happy to talk through any concerns you may have so if you would like to discuss how this may affect your business, please contact your Account Executive directly or email enquiries@mcclarroninsurance.com.
