New PPE Regulations

New year, new laws

A couple of years ago, a new acronym entered the public lexicon: “PPE”. Before the COVID pandemic, people outside of hazardous occupations may not have been aware that PPE stood for Personal Protective Equipment – or may not even have known what types of apparel comprised PPE.

I’m sure you’ve seen humorous photos from around the world of workers concocting their own PPE using whatever materials came to hand. Indeed a factory employee once asked me if his stereo music earpieces would provide an acceptable alternative to the ear defenders that were mandatory when entering noise enclosures. Clearly not, as they wouldn’t be certified to the then British Standard for hearing protectors, and would only have bombarded his ears with double the ambient noise levels if he was to hear his music.

Another worker offered to sign an indemnity if our company would absolve him from the requirement to wear steel toe-capped safety boots. Plainly, any such indemnity would not be worth the paper if his foot then received an injury at work.

One size does not fit all

This does, however, highlight a problem for manufacturers of personal protective equipment. Human beings come in a great variety of shapes and sizes. Facial structure varies between different ethnic groups, and it is extremely challenging to design equipment that will fit everyone – especially if, say, masks have to be worn over beards, or ear defenders worn over spectacles. Many types of PPE can become hot and uncomfortable after prolonged wearing.

Too many employers adopted an approach that, if the workplace was noisy, oblige staff to wear hot, sweaty ear defenders for the entirety of their shift. If viruses lingered in the atmosphere, demand people wear ill-fitting masks with gaps around the bridge of the nose much larger than any particle.

The obvious answer is to avoid the need for PPE altogether by making the job safe enough not to require it.

The original PPE Regulations

This is why the original 1992 PPE Regulations required EU employers to avoid risks through collective measures (protecting everybody), rather than relying on individual measures.

Of course, this is often easier said than done, so if PPE is required as a last resort, its use must be properly assessed; it must fit correctly, with workers trained in how to wear, store, and maintain it (have you ever come across rank, worn-out items that should have been thrown away years ago?).

Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022)

Not only has the quality of PPE generally improved this century, but working habits have changed too, with smartphone apps fuelling the rise of the ‘gig’ economy. There are now many more workers on “zero-hours” contracts who are treated by businesses as being self-employed, rather than directly contracted employees. Much attention has been paid lately to the employment rights of those whom UK government agencies differentiate as “workers” or “limb (b) workers", as opposed to “employees”.

Note: The rather archaic-sounding term: “limb b” comes from Section 230 (3)(b) of the Employment Rights Act 1996, as opposed to Section 230 (3)(a) which refers to “limb a” or those with contracts of employment.

What should I do?

PPER 2022 as it’s known, comes into effect on 6th April 2022 and doesn’t materially change the original 1992 PPE Regulations. What it does do, however, is to extend the requirements to cover workers holding a more casual employment relationship.

Decide whether you employ any workers on a casual basis. If you follow the HSE’s Hierarchy of controls, and still require the wearing of PPE, then ensure it is:

• provided at no cost to the workers
• compatible with other PPE that may be worn simultaneously
• maintained in good condition
• correctly stored
• properly used.

Contact us

Arinite clients appreciate we provide practical, no-nonsense advice about what you need to do to establish and maintain a safe and healthy working environment.

Our team of health and safety consultants take pride in keeping health and safety simple.

If you need to call upon our expert assistance, or just for an informal chat, please call our office 0207 947 9581, or type an enquiry to: https://www.arinite.com/contact-us/.