PPE

The relevant regulations are the Personal Protective Equipment at Work Regulations 1992.

Regulation 4 states:
Every employer shall ensure that suitable personal protective equipment is provided to his employees who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.

The accompanying guidance states:
Employers should, therefore, provide appropriate personal protective equipment (PPE) and training in its usage to their employees wherever there is a risk to health and safety that cannot be adequately controlled by other means.

In order to provide PPE for their employees, employers must do more than simply have the equipment on the premises. The employees must have the equipment readily available, or at the very least have clear instructions on where they can obtain it.

By virtue of Section 9 of the Health and Safety at Work etc Act 1974, no charge can be made to the worker for the provision of PPE which is used only at work. Section 9 of the Health and Safety at Work etc. Act 1974 states: "No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions". Section 9 applies to these Regulations because they impose a 'specific requirement' - i.e. to provide 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.

Consider the following when assessing whether PPE is suitable:

• Is it appropriate for the risks involved and the conditions at the place where exposure to the risk may occur? For example, eye protection designed for providing protection against agricultural pesticides will not offer adequate face protection for someone using an angle grinder to cut steel or stone.
• Does it prevent or adequately control the risks involved without increasing the overall level of risk?
• Can it be adjusted to fit the wearer correctly?
• Has the state of health of those who will be wearing it been taken into account?
• What are the needs of the job and the demands it places on the wearer? For example, the length of time the PPE needs to be worn, the physical effort required to do the job and the requirements for visibility and communication.
• If more than one item of PPE is being worn, are they compatible? For example, does a particular type of respirator make it difficult to get eye protection to fit properly?

Hazards: chemical or metal splash, dust, projectiles, gas and vapour, radiation.

Options: safety spectacles, goggles, faceshields, visors.

Hazards: impact from falling or flying objects, risk of head bumping, hair entanglement.

Options: a range of helmets and bump caps.

Hazards: dust, vapour, gas, oxygen-deficient atmospheres.

Options: disposable filtering facepiece or respirator, half- or full-face respirators, air-fed helmets, breathing apparatus.

Hazards: temperature extremes, adverse weather, chemical or metal splash, spray from pressure leaks or spray guns, impact or penetration, contaminated dust, excessive wear or entanglement of own clothing.

Options: conventional or disposable overalls, boiler suits, specialist protective clothing, e.g. chain-mail aprons, high-visibility clothing.

Hazards: abrasion, temperature extremes, cuts and punctures, impact, chemicals, electric shock, skin infection, disease or contamination.

Options: gloves, gauntlets, mitts, wristcuffs, armlets.

Hazards: wet, electrostatic build-up, slipping, cuts and punctures, falling objects, metal and chemical splash, abrasion.

Options: safety boots and shoes with protective toe caps and penetration-resistant mid-sole, gaiters, leggings, spats.

Make sure of the following:

• Make sure anyone using PPE is aware of why it is needed, when it is to be used, repaired or replaced and its limitations
• Train and instruct people how to use it properly and make sure they are doing this
• Because PPE is the last resort after other methods of protection have been considered, it is important that users wear it all the time they are exposed to the risk. Never allow exemptions for those jobs which take ‘just a few minutes’
• Check regularly that PPE is being used and investigate fully any reasons why it is not. Safety signs can be useful reminders to wear PPE

Make sure equipment is:

• Well looked after and properly stored when it is not being used, for example in a dry, clean cupboard, or in the case of smaller items, such as eye protection, in a box or case;
• Kept clean and in good repair - follow the manufacturer’s maintenance schedule (including recommended replacement periods and shelf lives). Simple maintenance can be carried out by the trained wearer, but more intricate repairs should only be done by specialists.

Ensure any PPE you buy is ‘CE’ marked and complies with the requirements of the Personal Protective Equipment Regulations 2002. The CE marking signifies that the PPE satisfies certain basic safety requirements and in some cases will have been tested and certified by an independent body.

The PPE at Work Regulations do not apply where the following six sets of regulations require the provision and use of PPE against these hazards. For example, gloves used to prevent dangerous chemicals penetrating the skin would be covered by the Control of Substances Hazardous to Health Regulations 2002 (as amended) (or Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 (as amended)). The regulations are:

• The Control of Lead at Work Regulations 2002 (or Control of Lead at Work Regulations (Northern Ireland) 2003)
• The Ionising Radiations Regulations 1999 (or Ionising Radiations Regulations (Northern Ireland) 2000)
• The Control of Asbestos at Work Regulations 2002 (or Control of Asbestos at Work Regulations (Northern Ireland) 2003)
• The Control of Substances Hazardous to Health Regulations 2002 (as amended) or Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 (as amended)).
• The Noise at Work Regulations 1989 (or Noise at Work Regulations (Northern Ireland) 1990).
• The Construction (Head Protection) Regulations 1989 (or Construction (Head Protection) Regulations (Northern Ireland) 1990).

Are there ways (other than PPE) in which the risk can be adequately controlled, e.g., engineering controls? If not, check that PPE is offered and if it is that:

• It offers adequate protection for its intended use
• Those using it are adequately trained in its safe use
• It is properly maintained and any defects are reported
• It is returned to its proper storage after use