February 25, 2022
On 6 April 2022, the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022) come into force, amending the 1992 Regulations (PPER 1992). The new regulations extend employer and employee duties, so that personal protective equipment now has to be supplied to ‘limb (b) workers’ as well as ‘limb (a) workers’.
How will the new PPE regulations change current responsibilities?
Under PPER 2022, the duties and responsibilities of employers and employees under PPER 1992 will not change. However, they will be extended to limb (b) workers. This type of worker is defined in PPER 2022, which is explained below.
Where PPE is required, employers have a duty to ensure their workers are supplied with adequate information, instruction and training on the use of PPE. A limb (b) worker will be legally required to use the PPE in line with their training and instruction, and will have to make sure it is returned to the designated storage area after use.
What is a limb (b) worker?
In the UK, section 230(3) of the Employment Rights Act 1996’s definition of a worker has 2 ‘limbs’, these being limb (a) and limb (b).
Limb (a) workers are those with a contract of employment who are considered employees under the Health and Safety at Work etc. Act 1974 and are already in scope of PPER 1992.
Limb (b) workers generally have a more casual relationship with their employer and work under a contract for service. They do not currently come under the scope of PPER 1992.
Limb (b) workers generally:
- Undertake casual or irregular work for one or more organisations
- Receive holiday pay after a month of continuous service, but are not entitled to any other employment rights, such as the minimum period of statutory notice
- Decide for themselves whether they wish to carry out work
- Hold a contract or other arrangement (written or verbal) to carry out work or services personally for a reward, and only have a limited right to send someone else to do the work, for example they may swap shifts with someone on a pre-approved list (subcontracting)
- Will not be in business for themselves, i.e. they will not advertise their services directly to customers
What do the PPER changes mean for employers?
PPER 1992 requires every employer in Great Britain to ensure that suitable PPE is provided to any employees, i.e. limb (a) workers, who may be exposed to a health or safety risk during their work.
PPER 2022 extends this duty to cover limb (b) workers. It comes into force on 6 April 2022, which means employers now need to carefully consider whether the change will apply to them and their workforce and if so, prepare to comply.
For employers with both limb (a) and limb (b) workers, it is essential to make sure there is no difference in the way PPE is provided. This means assessing the risk and ensuring suitable PPE is provided, when needed, to all those who can be defined as a ‘worker’.
The PPE provided must be compatible, maintained and correctly stored. It should be provided free of charge, and employers must ensure it is used properly.
What do the PPER changes mean for limb (b) workers?
Workers are legally required to use the PPE correctly, following training and instruction from their employer. If the PPE provided is lost or becomes defective, the worker has a duty to report it to their employer.
What is PPE?
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’.
Should an employer deem that PPE is necessary following a risk assessment, following a set hierarchy of controls, they must provide it free of charge.
PPE should be considered a last resort to protect workers against risks to their health and safety. It is vital that safe working systems and engineering controls are prioritised in the following order:
- Elimination– physically remove the hazard
- Substitution– replace the hazard
- Engineering controls– isolate people from the hazard
- Administrative controls– change the way people work
- PPE– protect the worker with personal protective equipment
How will the new PPE legislation be enforced?
HSE inspectors already include a PPE assessment as part of their routine inspections. Enforcement action may range from verbal or written advice to enforcement notices. In the most serious breach of regulation cases, duty holders may be prosecuted.
What about PPE that is not regulated and enforced under PPER 1992?
Some workers may be required to wear PPE under legislation other than PPER 1992. For example, crash helmets are required to be worn by workers on the road, and this is a legal requirement under road traffic legislation rather than PPER.
PPE that is required to reduce risks arising from the following is regulated and enforced under regulations other than the PPER 1992:
- Lead exposure
- Ionising radiation
- Asbestos
- Noise
- Substances hazardous to health (e.g. chemicals, fumes, dusts, non-water vapours, nanotechnology, and/or gases)
Further guidance on PPE can be found on these pages:
Do you have the correct liability cover for your workers?
When arranging liability cover for workers, it is important to ensure you have correctly defined them. This is also the case with subcontractors. Where you are unsure of a worker’s status, be sure to seek advice.
You are of course always welcome to discuss your individual insurance needs and queries with the team here at Robert Gerrard. We make it our personal business to ensure you have appropriate cover for your needs and to sufficiently protect your interests.
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On 6 April 2022, the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022) come into force, amending the 1992 Regulations (PPER 1992). The new regulations extend employer and employee duties, so that personal protective equipment now has to be supplied to ‘limb (b) workers’ as well as ‘limb (a) workers’.
How will the new PPE regulations change current responsibilities?
Under PPER 2022, the duties and responsibilities of employers and employees under PPER 1992 will not change. However, they will be extended to limb (b) workers. This type of worker is defined in PPER 2022, which is explained below.
Where PPE is required, employers have a duty to ensure their workers are supplied with adequate information, instruction and training on the use of PPE. A limb (b) worker will be legally required to use the PPE in line with their training and instruction, and will have to make sure it is returned to the designated storage area after use.
What is a limb (b) worker?
In the UK, section 230(3) of the Employment Rights Act 1996’s definition of a worker has 2 ‘limbs’, these being limb (a) and limb (b).
Limb (a) workers are those with a contract of employment who are considered employees under the Health and Safety at Work etc. Act 1974 and are already in scope of PPER 1992.
Limb (b) workers generally have a more casual relationship with their employer and work under a contract for service. They do not currently come under the scope of PPER 1992.
Limb (b) workers generally:
- Undertake casual or irregular work for one or more organisations
- Receive holiday pay after a month of continuous service, but are not entitled to any other employment rights, such as the minimum period of statutory notice
- Decide for themselves whether they wish to carry out work
- Hold a contract or other arrangement (written or verbal) to carry out work or services personally for a reward, and only have a limited right to send someone else to do the work, for example they may swap shifts with someone on a pre-approved list (subcontracting)
- Will not be in business for themselves, i.e. they will not advertise their services directly to customers
What do the PPER changes mean for employers?
PPER 1992 requires every employer in Great Britain to ensure that suitable PPE is provided to any employees, i.e. limb (a) workers, who may be exposed to a health or safety risk during their work.
PPER 2022 extends this duty to cover limb (b) workers. It comes into force on 6 April 2022, which means employers now need to carefully consider whether the change will apply to them and their workforce and if so, prepare to comply.
For employers with both limb (a) and limb (b) workers, it is essential to make sure there is no difference in the way PPE is provided. This means assessing the risk and ensuring suitable PPE is provided, when needed, to all those who can be defined as a ‘worker’.
The PPE provided must be compatible, maintained and correctly stored. It should be provided free of charge, and employers must ensure it is used properly.
What do the PPER changes mean for limb (b) workers?
Workers are legally required to use the PPE correctly, following training and instruction from their employer. If the PPE provided is lost or becomes defective, the worker has a duty to report it to their employer.
What is PPE?
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’.
Should an employer deem that PPE is necessary following a risk assessment, following a set hierarchy of controls, they must provide it free of charge.
PPE should be considered a last resort to protect workers against risks to their health and safety. It is vital that safe working systems and engineering controls are prioritised in the following order:
- Elimination– physically remove the hazard
- Substitution– replace the hazard
- Engineering controls– isolate people from the hazard
- Administrative controls– change the way people work
- PPE– protect the worker with personal protective equipment
How will the new PPE legislation be enforced?
HSE inspectors already include a PPE assessment as part of their routine inspections. Enforcement action may range from verbal or written advice to enforcement notices. In the most serious breach of regulation cases, duty holders may be prosecuted.
What about PPE that is not regulated and enforced under PPER 1992?
Some workers may be required to wear PPE under legislation other than PPER 1992. For example, crash helmets are required to be worn by workers on the road, and this is a legal requirement under road traffic legislation rather than PPER.
PPE that is required to reduce risks arising from the following is regulated and enforced under regulations other than the PPER 1992:
- Lead exposure
- Ionising radiation
- Asbestos
- Noise
- Substances hazardous to health (e.g. chemicals, fumes, dusts, non-water vapours, nanotechnology, and/or gases)
Further guidance on PPE can be found on these pages:
Do you have the correct liability cover for your workers?
When arranging liability cover for workers, it is important to ensure you have correctly defined them. This is also the case with subcontractors. Where you are unsure of a worker’s status, be sure to seek advice.
You are of course always welcome to discuss your individual insurance needs and queries with the team here at Robert Gerrard. We make it our personal business to ensure you have appropriate cover for your needs and to sufficiently protect your interests.