Personal protective equipment at work

Personal protective equipment at work The Personal Protective Equipment at Work Regulations 1992 (as amended) Guidance on Regulations

Personal protective equipment at work The Personal Protective Equipment at Work Regulations 1992 (as amended) Guidance on Regulations

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First edition 1992 Second edition 2005 Third edition 2015 Fourth edition 2022

ISBN 9780717667468

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This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory, unless specifically stated, and you are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance.

CONTENTS

Introduction 4

PART 1 Guidance on the Personal Protective Equipment at Work Regulations 1992 (as amended) 5 Regulation 1 Citation and commencement 5 Regulation 2 Interpretation 5 Regulation 3 Disapplication of these Regulations 6 Regulation 3A Modification of the 1974 Act 8 Regulation 4 Provision of personal protective equipment 9 Regulation 5 Compatibility of personal protective equipment 13 Regulation 6 Assessment of personal protective equipment 13 Regulation 7 Maintenance and replacement of personal protective equipment 14 Regulation 8 Accommodation for personal protective equipment 15 Regulation 9 Information, instruction and training 16 Regulation 10 Use of personal protective equipment 17 Regulation 11 Reporting loss or defect 18 Regulation 12 Exemption certificates 18 Regulation 13 Extension outside Great Britain 19 Regulation 14 Modifications, repeal and revocations 19

PART 2 Selection, use and maintenance of personal protective equipment 20 Introduction 20 Head protection 21 Eye and face protection 22 Hand and arm protection 23 Protective clothing (including the legs) 24 High-visibility clothing 25 Foot protection 26 Protection from drowning: buoyancy aids, life jackets and immersion suits 27 Personal fall protection 28 Hearing protection 29 Respiratory protective equipment 29

Appendix 1 The Health and Safety at Work etc Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015: Schedule: Activities 30

References and further reading 32

Further information 34

INTRODUCTION

About this book 1 This guidance provides practical advice on how you can comply with the requirements of the Personal Protective Equipment at Work Regulations 1992 as amended by the Personal Protective Equipment at Work (Amendment) Regulations 2022 (hereafter referred to as “the Regulations”).1 Part 1 sets out each of the Regulations, followed by relevant guidance. Part 2 includes more details of the types of PPE available, the hazards that may require PPE to be used, and advice on the selection, use and maintenance of PPE.

2 This book is for employers, workers (including employees) and relevant self-employed persons.

3 Changes in this edition include amendments required as a result of the introduction of new legislation extending the acceptance of the CE marking to relevant products, and further guidance in relation to Regulation 2016/425 (as incorporated into UK law). These changes can be found in paragraphs 43–49.

Involving workers 4 Workplaces where workers are involved in taking decisions about health and safety are safer and healthier. Collaboration with your workers helps you to manage health and safety in a practical way by:

(a) helping you to spot workplace risks; (b) making sure health and safety controls are practical; (c) increasing the level of commitment to working in a safe and healthy way.

5 Employers must consult employees in good time on health and safety matters. In workplaces where a trade union is recognised, this will be through union health and safety representatives. In non-unionised workplaces, consult either directly or through other elected representatives. It is also good practice to consult with workers who are not direct employees.

6 Consultation involves employers both giving information to employees and workers, and listening to them, taking account of what they say before making health and safety decisions. See Consulting employees on health and safety: A brief guide to the law5 and www.hse.gov.uk/involvement for more information. Issues you should consult employees and workers on include:

(a) risks arising from their work; (b) proposals to manage and/or control these risks; (c) the best ways of providing information and training.

PART 1 Guidance on the Personal Protective Equipment at Work Regulations 1992 (as amended)

Regulation 1 Citation and commencement Regulation 1 (1) These Regulations may be cited as the Personal Protective Equipment at Work Regulations 1992 and shall come into force on 1st January 1993.

Regulation 2 Interpretation Regulation 2(1)–(2) (1) In these Regulations –

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“employer”, in relation to a worker, means the person by whom the worker is employed under their worker’s contract;

“personal protective equipment”, unless the context requires otherwise, means 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 and safety, and any addition or accessory designed to meet that objective;

“relevant self-employed person” means a self-employed person (except a worker) who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the 1974 Act;

“worker” means an individual who has entered into or works under—

(a) a contract of employment; (b) any 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 reference to a worker’s contract shall be construed accordingly.

(2) Any reference in these Regulations to –

(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and (b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.

Personal protective equipment at work

Guidance 2(1)–(2) Relevant self-employed persons 7 A relevant self-employed person means a self-employed person (except a worker) who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the Health and Safety at Work etc Act 1974 (the HSW Act).6 ‘Prescribed undertaking’ is defined in the Health and Safety at Work Act (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 20157 and relates to the kind of activities conducted (see Appendix 1).

Regulation 3 Disapplication of these Regulations Regulation 3(1)–(3) (1) These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of the normal ship-board activities of a ship’s crew under the direction of the master.

(2) Regulations 4 to 12 shall not apply in respect of personal protective equipment which is –

(a) ordinary working clothes and uniforms which do not specifically protect the health and safety of the wearer; (b) an offensive weapon within the meaning of section 1(4) of the Prevention of Crime Act 1953 used as self-defence or as deterrent equipment; (c) portable devices for detecting and signalling risks and nuisances; (d) personal protective equipment used for protection while travelling on a road within the meaning (in England and Wales) of section 192(1) of the Road Traffic Act 1988, and (in Scotland) of section 151 of the Roads (Scotland) Act 1984; (e) equipment used during the playing of competitive sports.

(3) Regulations 4 and 6 to 12 shall not apply where any of the following Regulations apply and in respect of any risk to a person’s health or safety for which any of them require the provision or use of personal protective equipment, namely –

(a) the Control of Lead at Work Regulations 2002 (b) the Ionising Radiations Regulations 2017 (c) the Control of Asbestos Regulations 2012; (d) the Control of Substances Hazardous to Health Regulations 2002; (e) the Control of Noise at Work Regulations 2005.

Guidance 3(1)–(3) Clothing 8 The Regulations do not apply to the following types of clothing:

(a) uniforms provided for the primary purpose of presenting a corporate image; (b) ordinary working clothes; (c) ‘protective clothing’ provided in the food industry, primarily for food hygiene purposes.

9 However, where any uniform or clothing protects against a specific risk to health and safety (for example, high-visibility clothing worn by the emergency services), it will be subject to the Regulations. Weatherproof or insulated clothing is subject to the Regulations if it is worn to protect workers against risks to their health or safety, but not otherwise.

Helmets 10 The Regulations do not cover the use of protective equipment such as cycle helmets or crash helmets worn by workers on the roads. Motorcycle crash helmets are legally required for motorcyclists under road traffic legislation, except where the motorcyclist is a turban-wearing Sikh, as section 16 of the Road Traffic Act 19888 gives that group an exemption. The Regulations do apply to the use of such equipment at work elsewhere, if there is a risk to health and safety; for example, farm workers riding motorcycles or ‘all-terrain’ vehicles (ATVs) should use crash helmets.

Part 1: Guidance on the Personal Protective Equipment at Work Regulations 1992 (as amended)

Guidance 3(1)–(3) Professional sportspeople 11 The Regulations do not require professional sportspeople to use PPE such as shin guards or head protection during competition. However, they do require those using sports equipment in other work circumstances to wear PPE; for example, professional canoeing instructors should wear life jackets, stable staff should wear riding helmets, and steeplejacks should wear climbing helmets.

Risk of physical violence 12 The Regulations apply to the provision of PPE (such as helmets or body armour) where staff are at risk from physical violence. Where a risk assessment considers that personal sirens or alarms should be provided, these would be covered by the Provision and Use of Work Equipment Regulations 1998 and are not PPE.

Radiation dosemeters 13 The Regulations do not cover personal gas detectors or radiation dosemeters. Although this equipment would come within the broad definition of PPE, it is excluded as many of the Regulations would not be appropriate (for example, the fitting and ergonomic requirements of regulation 4). However, employers have a duty to provide such equipment under section 2 of the HSW Act if its use is necessary to ensure the health and safety of employees.

Application to members of the Sikh faith 14 Sections 11 and 12 of the Employment Act 1989, as amended by section 6 of the Deregulation Act 2015,9 provide an exemption from the need to wear head protection in any workplace (including construction sites) for turban-wearing Sikhs, with certain limited exceptions for high-risk tasks.

15 The exemption applies to any turban-wearing Sikh in the workplace whether they are a worker or not (for example, visitors). It applies solely to turban-wearing members of the Sikh faith; the exemption applies only to head protection, and Sikhs are required to wear all other necessary PPE under these Regulations.

16 Where a turban-wearing Sikh chooses not to wear head protection, the exemption includes a limitation on the liability of the dutyholder should an incident occur.

17 Employers are still required to take all necessary actions to avoid injury from falling objects by putting in place such safe systems of work, control measures and engineering solutions (for example, restricting access to areas where this may be an issue).

18 The exceptions referred to relate to certain high-risk tasks performed by individuals in occupations which involve providing an urgent response to an emergency. In these tasks, a risk assessment will have identified that head protection is essential for the protection of the individual, such as when a firefighter enters a burning building.

Application to merchant shipping 19 Sea-going ships are subject to separate merchant shipping legislation, administered by the Department for Transport, which gives protection to people on board. Regulation 3(1) disapplies the Regulations in respect of the normal shipboard activities of a ship’s crew under the direction of the master, but it does not disapply them in respect of other work activities. For example, where a shore-based contractor goes on board a ship to carry out work, that person’s activities will be subject to the Regulations within territorial waters as provided for by regulation 13. Regulation 3(1) refers to the crew of sea-going ships only. The Regulations apply to PPE used on ships that only operate on inland waters.

Personal protective equipment at work

Guidance 3(1)–(3) Application to aircraft 20 Aircraft are subject to these Regulations while on the ground and in airspace over Great Britain.

Application of other Regulations 21 The sets of Regulations listed in regulation 3(3) require the provision and use of certain PPE against particular hazards, and the PPE at Work Regulations do not apply where these Regulations remain in force. The PPE at Work Regulations do not apply to hearing protectors and most respiratory protective equipment (RPE). For example, a person working with asbestos would, where necessary, have to use RPE and protective clothing under the Control of Asbestos Regulations 2012,10 rather than these Regulations. However, even if the Regulations do not apply, the advice given in this guidance may still be useful, as the general principles of selecting and maintaining suitable PPE and the training in its use are common to all regulations which refer to PPE.

22 There are specific PPE requirements set out in regulations relating to offshore installations and mines. Employers (and others with duties under the PPE at Work Regulations) must comply with both the specific regulations and the PPE at Work Regulations.

Application to non-employees 23 Although these Regulations do not apply to people who are not workers as defined in regulation 2(1)(c) (for example, volunteers, children while in school, students at university, and visitors to worksites), there is provision within section 3 of the HSW Act that requires every employer to ensure, so far as is reasonably practicable, that people not in their employment but who may be affected by the work are not exposed to risks to their health and safety. If employers are required to provide PPE to comply with a section 3 duty, they are likely to do so by following the requirements of these Regulations; for example, by having a stock of hard hats, hi-vis jackets or disposable overalls for the use of visitors. The Regulations do apply to trainees and students on work experience programmes.

Regulation 3A Modification of the 1974 Act Regulation 3A(1)–(2) (1) The duty placed on an employer in respect of their employees by section 9 of the 1974 Act (duty not to charge employees) is modified to apply in respect of the duties under these Regulations to their workers, and “employer”, as referenced in section 9, in relation to a worker means the person by whom the worker is employed under their worker’s contract.

(2) In these Regulations, section 52 of the 1974 Act (meaning of “work” and related expressions) is extended as follows—

(a) “work” includes work as a worker; (b) a worker is at work throughout the time when they are working under their worker’s contract, but not otherwise.

Guidance 3A(1)–(2) Modification of section 9 and section 52 of the HSW Act 24 Regulation 3A modifies how section 9 of the HSW Act applies to the Regulations. The modification means that employers cannot charge workers for the PPE they are provided with, the storage of the PPE, the maintenance and replacement of the PPE, and any training or instruction the worker receives on the use of the PPE.

25 Regulation 3A also modifies the application of section 52 of the HSW Act to the Regulations. The duties under the Regulations apply whilst a worker is at work. The modification of section 52 defines when a worker is at work and so when the duties on employers and workers under the Regulations apply.

Part 1: Guidance on the Personal Protective Equipment at Work Regulations 1992 (as amended)

Regulation 4 Provision of personal protective equipment Regulation 4(1)–(5) (1) Subject to paragraph (1A) every employer shall ensure that suitable personal protective equipment is provided to their workers who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.

(1A) Where the characteristics of any policing activity are such that compliance by the relevant officer with the requirement in paragraph (1) would lead to an inevitable conflict with the exercise of police powers or performance of police duties, that requirement shall be complied with so far as is reasonably practicable.

(2) Every relevant self-employed person shall ensure that they are provided with suitable personal protective equipment where they may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.

(3) Without prejudice to the generality of paragraphs (1) and (2), personal protective equipment shall not be suitable unless –

(a) it is appropriate for the risk or risks involved, the conditions at