Changes to PPE Regulations

PPE regulations are changing from 6 April 2022

Personal protective equipment (PPE) at work regulations will be changing from 6 April 2022 regarding employers’ responsibilities to workers.

The Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022) amend the current Regulations to extend employers’ and employees’ duties in respect of PPE to a wider group of workers.

HSE has provided interim guidance explaining the changes and what employers need to do to prepare.

What are Limb (a) and Limb (b) Workers?

In the UK, section 230(3) of the Employment Rights Act 1996’s definition of a worker has 2 limbs:

  • Limb (a) describes those with a contract of employment. This group are employees under the Health and Safety at Work etc Act 1974 and are already in scope of PPER 1992.
  • Limb (b) describes workers who generally have a more casual employment relationship and work under a contract for service – they do not currently come under the scope of PPER 1992.

PPER 2022 draws on this definition of worker and defines both employees and limb (b) workers:

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

  • (a) a contract of employment; or
  • (b) 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.’

Implementing the Changes

For employers with both employees and limb (b) workers, by 6 April 2022, you need to ensure that there is no difference in the way PPE is provided to your workers, as defined in the new regulations. This means you will need to assess the risk and ensure suitable PPE is provided, when needed, to all people that fall under the definition of worker.

For employers with only limb (b) workers, you need to ensure that your workers are provided with PPE free of charge, where required, by 6 April 2022. This means assessing the residual risk once all other measures (such as engineering controls) have been taken. You then need to ensure suitable PPE is:

  • Provided
  • Compatible
  • Maintained
  • Correctly stored
  • Used properly

You will also need to provide training and instruction in its use to all your workers. You cannot charge workers for PPE they require to carry out their work.

The full guidance on the PPER 2022 regulations is available here.

What is Changing?

Under the new 2022 regulations, the types of duties and responsibilities on employers and employees under the original 1992 regulations will remain unchanged but will extend to limb (b) workers, as defined in PPER 2022.

PPER 1992 places a duty on every employer in Great Britain to ensure that suitable PPE is provided to ‘employees’ who may be exposed to a risk to their health or safety while at work. The amended regulations extend this duty to limb (b) workers.

If a risk assessment indicates that a limb (b) worker requires PPE to carry out their work activities, the employer must carry out a PPE suitability assessment and provide the PPE free of charge as they do for employees. Employers must ensure their workers have sufficient information, instruction and training on the use of this PPE.

A limb (b) worker will have the duty to use the PPE in accordance with their training and instruction, and ensure it is returned to the storage area provided by their employer.

Handsam Resources

Example Personal Protective Equipment (PPE) Policy

GM41 Personal Protective Equipment (PPE) in Schools

External Resources