In the UK, section 230(3) of the Employment Rights Act 1996’s definition of a worker has two limbs. Limb (a) describes those with a contract of employment. This group are employees under the Health and Safety at Work etc Act 1974 and are already in scope of PPER 1992. Limb (b) describes workers who generally have a more casual employment relationship and work under a contract for service – they do not currently come under the scope of PPER 1992.
That means that, from April, if PPE is required, employers must ensure that both types of workers have sufficient information, instruction and training on the use of PPE. A limb (b) worker will have the duty to use the PPE in accordance with their training and instruction, and ensure it is returned to the storage area provided by their employer.
If a risk assessment indicates that a limb (b) worker requires PPE to carry out their work activities, employers must carry out a PPE suitability assessment and provide the PPE free of charge, as they do for employees.
The employer will be responsible for the maintenance, storage and replacement of any PPE they provide. Workers are required to use the PPE properly following training and instruction from their employer. If the PPE provided is lost or becomes defective, it should be reported to the employer.
These changes do not apply to those who have a ‘self-employed’ status.
According to the new rules, employers with both employees and limb (b) workers need to ensure that there is no difference in the way PPE is provided to workers, as defined by PPER 2022. This means assessing the risk and ensuring suitable PPE is provided, when needed, to all people that fall under the definition of worker. The PPE provided must be compatible, maintained and correctly stored. All workers must use the PPE properly following training and instruction in its use from their employer.
Employers with only limb (b) workers need to ensure that workers are provided with PPE free of charge, where required, by 6 April 2022. This means assessing the residual risk once all other measures (such as engineering controls) have been taken.
HSE points out that PPE should be regarded as the last resort to protect against risks to health and safety. Engineering controls and safe systems of work should be considered first.
Consider controls in the following order, with elimination being the most effective and PPE being the least effective:
Employers then need to ensure suitable PPE is provided, compatible, maintained, correctly stored and used properly.
You will also need to provide training and instruction in its use to all your workers. You cannot charge workers for PPE they require to carry out their work.
Elimination – physically remove the hazardSubstitution – replace the hazardEngineering controls – isolate people from the hazardAdministrative controls – change the way people workPPE – protect the worker with personal protective equipment