Free PPE for subcontractors as Amended PPE Regulations come into force

On 6th April 2022, the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022) came into force. They amend the 1992 Regulations (PPER 1992).

Effectively they extend an employers’ and employees’ duties regarding personal protective equipment (PPE) to limb workers.

In the UK, section 230(3) of the Employment Rights Act 1996’s definition of a worker has two 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/p>

• Limb (b) describes workers who generally have a more casual employment relationship and work under a contract for service – they did not come under the scope of PPER 1992/p>

PPER 2022 draws on this definition of worker and captures 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.’

Essentially this means that all workers are treated in the same way in regards to PPE. This means assessing the risk and ensuring suitable PPE is provided, when needed, to all people that fall under the definition of worker.

The PPE provided must be compatible, maintained and correctly stored. All workers must use the PPE properly following training and instruction in its use from their employer. If the PPE you provide is lost or becomes defective, your worker should report that to you.

Employers need to ensure that your workers are provided with PPE free of charge, where required, from 6 April 2022. This means assessing the residual risk once all other measures (such as engineering controls) have been taken.

Employers then need to ensure suitable PPE is:

• provided

• compatible

• maintained

• correctly stored

• used properly

Employers 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.

For more information visit the HSE website – Personal protective equipment (PPE) at work regulations from 6 April 2022