Legal Position

The Personal Protective Equipment Regulations (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.

PPER 2022 extends this duty to limb (b) workers and came into force on 6 April 2022. There is guidance explaining the changes.

PPE is defined in the PPER 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 the person against one or more risks to that person’s health or safety, and any addition or accessory designed to meet that objective’.

Provision of PPE will comply with product supply legislation and PPE standards.

Under these regulations, employees and workers as defined, do not have to pay for any PPE issued to them.

Service Managers will ensure that suitable PPE is:

• Provided conforming to the standards outlined above (products must be chosen which are UKCA marked (or CE marked in specific circumstances). PPE should also have a Declaration of Conformity and instructions on how to use the item.
• The selection of protective clothing and equipment will take account of the quality of the product, the suitability, fit (if appropriate) and compatibility.
• Procedures are in place to ensure that the PPE is inspected, maintained and replaced/renewed as required.
• Adequate storage for PPE is provided to protect it from contamination, loss, or damage and periodic inspections to ensure PPE is stored correctly.
• Ensure that all employees provided with PPE will be given information instruction and training as is adequate to enable them to know how to use the PPE safely.
• Registers of PPE and persons issued with it will be maintained in service areas.

Employees/workers have a duty to ensure that PPE is:

• Properly assessed before use to make sure it is fit for purpose;
• Maintained and stored properly;
• Provided with instructions on how to use it safely;
• Used correctly;
• If the PPE provided is lost or becomes defective, the worker must report this to their Supervisor/Line Manager or person in charge of the works and must not undertake the task until suitable PPE is available.