On 6th April 2022 the Personal Protective Equipment at Work (Amendment) Regulations 2022 come into force in the UK, they amend the previous 1992 Regulations to extend employers’ and employees’ duties regarding personal protective equipment (PPE) to limb (b) workers.
They extend employersโ and employeesโ duties regarding personal protective equipment (PPE) to limb (b) workers.
Duties unchanged but extended
Under PPER 2022, the types of duties and responsibilities on employers and employees under PPER 1992 remain unchanged but are extended to limb (b) workers, as defined in PPER 2022.
If PPE is required, employers must ensure their workers have sufficient information, instruction and training on the use of PPE.
A limb (b) worker now has a 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.
What this means for employers
PPER 1992 places a duty on every employer in Great Britain to ensure that suitable PPE is provided to โemployeesโ who may be exposed to a risk to their health or safety while at work.
PPER 2022 extends this duty to limb (b) workers and came into force on 6 April 2022. Employers need to carefully consider whether the changes to UK law apply to them and their workforce and make the necessary preparations to comply.
Provision of PPE
Where an employer has undertaken a risk assessment and determined that PPE is required, they must ensure that suitable PPE is provided to workers and that there is no difference between the way that it is provided to employees and limb b workers.
Charging for PPE
The new 2022 update also amends the 1992 Regulations to extend the duty placed on the employer to not charge employees for PPE to include workers.
Enforcement
HSE inspectors will continue to include assessment of PPE as part of their routine inspections.
What PPE is
PPE is defined in the PPER 1992 as โall 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 personโs health or safety, and any addition or accessory designed to meet that objectiveโ.
Where an employer finds PPE to be necessary after a risk assessment, using the hierarchy of controls explained below, they have a duty to provide it free of charge.
PPE not regulated and enforced under PPER 1992
Workers may be required to wear items of PPE under legislation other than PPER 1992. For example, crash helmets worn by workers on the road which is legally required under road traffic legislation.
The full list of circumstances where PPER 1992 do not apply is contained in regulation 3.
PPE that is required to reduce risks arising from the following is regulated and enforced under regulations other than the PPER 1992.
These risks include those from:
- lead exposure
- ionising radiation
- asbestos
- noise
- substances hazardous to health (for example chemicals, fumes, dusts, non-water vapours, nanotechnology, and/or gases)
Definitions of limb (a) and limb (b) workers
In the UK, section 230(3) of the Employment Rights Act 1996โs 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 โ they do not currently come under the scope of PPER 1992
PPER 2022 draws on this definition of worker and captures both employees and limb (b) workers:
โโworkerโ means โan individual who has entered into or works under โ
- (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 workerโs contract shall be construed accordingly.โ
General duties of limb (b) workers
Generally, workers who come under limb (b):
- carry out casual or irregular work for one or more organisations
- after 1 month of continuous service, receive holiday pay but not other employment rights such as the minimum period of statutory notice
- only carry out work if they choose to
- have a contract or other arrangement to do work or services personally for a reward (the contract doesnโt have to be written) and only have a limited right to send someone else to do the work, for example swapping shifts with someone on a pre-approved list (subcontracting)
- are not in business for themselves (they do not advertise services directly to customers who can then also book their services directly)
As every employment relationship will be specific to the individual and employer, the precise status of any worker can ultimately only be determined by a court or tribunal.
Please note: These changes do not apply to those who have a โself-employedโ status.
Source:https://www.hse.gov.uk/ppe/ppe-regulations-2022.htm