Road Legal

Personal protective equipment (PPE)

30 December 2006

The main requirements concerning the provision and use of personal protective equipment (PPE) at work by employers are set out in the Personal Protective Equipment at Work Regulations 1992.

However, there are other sources of law in relation to personal protective equipment such as:

the common law duty on employers to have requisite safety equipment at hand and to ensure that management make sure operators use it;
the Health and Safety at Work, etc Act 1974 s.9 which requires that where PPE is necessary to ensure the safety of employees it must be provided free of charge; and
the Health and Safety (Miscellaneous Amendments) Regulations 2002 which require that every employer ensures that suitable PPE is provided to their employees who may be exposed to a risk to their health or safety at work, except where such a risk is being controlled by other means.

What is PPE?

PPE is defined in the PPEW Regulations 1992 as “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 them against one or more risks to his health or safety”. For example, safety helmets, gloves, eye protection, high-visibility clothing, safety footwear and safety harnesses are all PPE.

Hearing protection is not included within the definition of PPE in respect of the PPEW Regulations 1992 as it is dealt with in the Control of Noise at Work Regulations 2005.

Specific statutory duties: the PPEW Regulations 1992

The duties under these Regulations apply to employers and also extend to self-employed persons, except in relation to the requirements for the provision of information, instruction and training and the proper use of PPE.

Regulation 6 requires that employers formally assess and periodically review the provision and suitability of PPE.

The PPEW Regulations 1992 specify that the assessment must include:

an assessment of any risk which has not been avoided by other means;
reference to characteristics which PPE must have in relation to the risks identified in 1 above; and
a comparison of the characteristics of the PPE having the characteristics identified in 2 above.

The purpose of the assessment is to ensure that the employer knows which PPE to choose.

The duty to actually provide suitable PPE to their employees who may be exposed to health and safety risks while at work, except where the risk has either been adequately controlled by other measures, is found in Regulation 4.

PPE must:

be appropriate for the risks involved and the conditions at the place of exposure;
take account of ergonomic requirements, the state of health of the person who wears it and the duration of its use;
be capable of fitting the wearer correctly; and
be, so far as is reasonably practicable, effective to prevent or adequately control risks involved without increasing the overall risk.

Regulation 5 requires that employers provide “compatible” PPE. This means that the use of more than one item of PPE must be compatible with other PPE.

Regulation 7 requires employers to maintain, replace and clean any PPE in an efficient state, efficient working order and in good repair.

Regulation 8 requires employers to provide suitable accommodation for PPE when not being used.

Regulation 9 requires employers to provide employees with information, instruction and training to enable them to know:

the risks which PPE will avoid or minimise;
the purpose for which and manner in which PPE is to be used;
any action which the employee might take to ensure that PPE remains efficient.

Regulation 10 requires employers to ensure, taking all reasonable steps, that PPE is properly used.

Employees' duties

Employees also have specific duties under the PPEW Regulations 1992 and must:

Use PPE in accordance with training and instructions;
Return all PPE to the appropriate accommodation provided after use (Regulation 10); and
Report straight away any defect or loss in the equipment to their employer (Regulation 11).

Hearing protection

Hearing protection is dealt with in the Control of Noise at Work Regulations 2005. Under these regulations, hearing protection should be issued to employees (and any other person at work who may be affected by the work carried out by the employer) where extra protection is needed above what can be achieved using noise control, or as a short-term measure, where other methods of controlling noise are being developed.

Hearing protection should not be used as an alternative to controlling noise by technical and organisational means.

In relation to hearing protection in particular, employers (and self-employed persons, except in respect of 4 below) are required under the Control of Noise at Work Regulations 2005 to:

Provide employees and non employees with hearing protectors if they ask for them and their noise exposure is between the lower and upper exposure action values;
Provide employees and non employees with hearing protectors and make sure they use them properly when their noise exposure exceeds the upper exposure action values;
Identify hearing protection zones, ie areas where the use of hearing protection is compulsory and mark them with signs if possible;
Provide employees with training and information on how to use and care for the hearing protectors;
Ensure that hearing protectors are properly used and maintained.

Specific requirements for particular industries and processes

As well as the PPEW Regulations 1992 and the Control of Noise at Work Regulations 2005, there are other regulations which impose specific requirements on employers to provide PPE. Some examples are the Control of Lead at Work Regulations 2002; the Control of Asbestos at Work Regulations 2002 and the Control of Substances Hazardous to Health Regulations 2002.

Offences

Contravention of the provisions of the PPEW Regulations 1992 or the Control of Noise at Work Regulations 2005 is a criminal offence. The maximum penalty in the magistrates' court is £5,000. Conviction in the crown court, in respect of more serious offences, carries an unlimited fine.