Changes to PPE Regulations: 2022 Update

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The PPE Regulations 1992 (“PPER 1992”) defines PPE 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’. The regulations were set to provide employers with a clear guidance on the use of protective equipment in the workplace, defining their duties and responsibilities. On 6^th April 2022, the PPER 1992 were amended: let’s see together what the changes to PPE Regulations are.

A new definition of ‘worker’

While duties and responsibilities for employers remain the same, the new PPE Regulations 2022 (“PPER 2022”) provide a broader definition of ‘worker’, which now includes both Limb (a) and Limb (b) workers:

– Limb (a) workers: refer to employees that are under a contract of employment. This group was already in scope of PPER 1992.

– Limb (b) workers: refer to employees working under any other type of contract, including contract for service and causal employment relationships. This group did not come under the scope of PPER 1992 but is now included in the PPER 2022.

The new PPER 2022 therefore defines ‘worker’ as:

‘an individual who has entered into or works under –

(a) a contract of employment; or

(b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

and any references to a worker’s contract shall be construed accordingly.’

Changes to PPE regulations:What does this mean for employers and workers?

With these changes to PPE regulations, employers are required assess the risks and provide suitable PPE to all people falling under the new definition of ‘worker’. Employers must also provide training and instructions to their workers on how to use it and make sure that it is correctly used, maintained, and stored.

Workers are responsible for reporting to the employer as soon as the PPE becomes defective or is lost.

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