This article breaks down changes to the Personal Protective Equipment Regulations 1992 (PPER 1992) and what it means for employers and workers. The primary duties of the Personal Protective Equipment Regulations 2022 (PPER 2022) remain unchanged, but the scope of who a worker is has changed.
The PPER 2022 applies from 6 April 2022.
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Personal Protective Equipment Regulations 2022
On 6 April 2022, the PPER 2022 amended the PPER 1992. The PPER 2022 now extends free PPE to more people in the workforce. The regulation already applied to employees but now applies to limb (b) workers.
Employers must ensure that all workers have suitable training, instruction, and information on using PPE. These new regulations provide a higher level of safety for all workers, no matter if limb (a) or (b), and employers.
What's Unchanged?
The Definition of PPE (Unchanged)
here is still a definition for personal protective equipment (PPE) as follows:
"all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects the person against one or more risks to that person's health or safety, and any addition or accessory designed to meet that objective."
As per the PPER 1992.
The Duties of PPE (Unchanged)
The employer's responsibility to give adequate training on the use of PPE and ensure the correct PPE is used is unchanged. Now, acceptable use and activity are extended to all workers who require the use of PPE.
What's Changed?
What Are limb (b) Workers?
According to section 230(3) of the Employment Rights Act 1996, a worker has two limbs:
"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 the contract that of a client or c of any profession or business undertaking carried on by the individual;."
Limb (b) workers do and are
casual work, only carry out work if they choose to;
are not self-employed;
can receive holiday pay but no other employee benefit;
temporary work;
What Does This Mean For Employers?
Employers must extend PPE training and usage to all limb (a) and limb (b) workers.
According to Kingfisher Professional Services, "So where an employer assesses the need for personal protective equipment, after which they follow the hierarchy of controls, and determines the need for PPE, they must provide it free of charge."
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