Personal Protective Equipment (PPE)
Employers have basic duties concerning the provision and use of personal protective equipment (PPE) at work and in this post, I will explain what you need to do to meet the requirements of the Personal Protective Equipment at Work Regulations 1992 (as amended).
What is PPE?
PPE is defined in the Regulations 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 their health or safety’, e.g. safety helmets, gloves, eye protection, high-visibility clothing, safety footwear and safety harnesses.
Hearing protection and respiratory protective equipment provided for most work situations are not covered by these Regulations because other regulations apply to them. However, these items need to be compatible with any other PPE provided.
What do the Regulations require?
The main requirement of the PPE at Work Regulations 1992 is that personal protective equipment is to be supplied and used at work wherever there are risks to health and safety that cannot be adequately controlled in other ways.
The Regulations also require that PPE:
Can I charge for providing PPE?
An employer cannot ask for money from an employee for PPE, whether it is returnable or not. This includes agency workers if they are legally regarded as your employees. If employment has been terminated and the employee keeps the PPE without the employer’s permission, then, as long as it has been made clear in the contract of employment, the employer may be able to deduct the cost of the replacement from any wages owed. (The employee must have agreed to have deductions made otherwise it is illegal for any employer to deduct any monies other than those stipulated by law (income tax & national insurance)
Below are 2 sections of the PPEW regs that apply to most USDAW workers. There is a link at the bottom for the full PPEW regs website.
INTERPRETATION (REG.2)
14 The definition of PPE is broad, and brings within the scope of the Regulations a wide range of equipment including safety harnesses, life jackets and high visibility clothing as well as more obvious types of PPE such as hard hats, gloves and safety boots. In all cases, however, the equipment will only be PPE as defined, and reg 2 will only apply if it protects against a risk to health and safety.
15 Even though clothing affording protection against weather is specifically mentioned in the definition, such clothing would only be subject to the Regulations if it was provided against an established/identified risk to health and safety. Factors to be considered include the length and frequency of exposure to the wet/cold conditions, the temperature and rainfall, and the types of ordinary clothing which the employee can reasonably be expected to provide and wear for work (but see also para 17 below).
16 In practice, however, the scope of the regulations is limited by the specific disapplications contained in reg.3 (see paras 17-20 below).
DISAPPLICATIONS (REG.3)
17 The disapplication for “ordinary working clothes and uniforms’ in reg.3(2)(a) is included so that employers are not expected to provide items of everyday wear which may give limited protection against lower level risks, e.g. some minor impacts and abrasions or exposure to the sun. However, where risks are such that ordinary clothing will not provide adequate protection then the employer will need to provide PPE which does (e.g. high visibility clothing for those working where vehicle movements take place).
18 Regulation 3 (2) (b) disapplies the regulations only in respect of offensive weapons, and it is not intended that it should prevent the regulations applying to protective helmets and other protective equipment worn by security personnel or law and order services. The Prevention of Crime Act 1953 s. 1(4) as amended by the Public Order Act 1986, Offensive Weapons Act 1996 and Criminal Justice Act 1988 defines “offensive weapons” as “any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him”.
19 The Road Traffic Act 1988 s. 192 (1) (and hence the PPEW Regulations reg. 3 (2) (d)) define a road as “any highway and any other road to which the public has access, and includes bridges over which a road passes”.
20 The PPEW Regulations are disapplied where any of the 6 codes of regulations listed in reg.3(3) apply. However this disapplication is limited to protection against risks which are within the ambit of those 6 codes. In some cases it is possible that one item of PPE could be subject to both Codes of regulations if it protects against more than one risk. For example, the PPEW Regulations will not apply to a chemical protective glove provided under COSHH, solely to protect against contact with corrosive fluids. However, if the glove is provided for use in situations where it would also have to provide protection against broken glass, then the PPEW Regulations would apply in addition to COSHH.
The HSE PPEW Regulations website here… (opens in new window)
Myth for July ‘08
Myth: All office equipment must be tested by a qualified electrician every year
The reality
It was widely reported that a fire station was built without the traditional pole for ‘health and safety’ reasons.
As the county’s Chief Fire Officer said: ‘Whilst every consideration regarding health and safety was taken into account, the reason a pole was not included was purely due to space restrictions.’
Poles are not banned and firefighters around the country continue to use them.
RIDDOR
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.
Under the above reg’s the accident should be investigated.
An employer must report to RIDDOR:-
About
Is the main union that represents the shop workers in Stores & Supermarkets in Dundee and the rest of the UK
This Blog-site is for members of USDAW. And workers who would like to join USDAW.
About your trade union, the Union of Shop, Distributive and Allied Workers. It looks at the union at work, taking up members’ problems and negotiating with employers, in order to improve members’ wages and conditions.
