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The proposed changes to The Personal Protective Equipment at Work 1992 Regulations (PPER)

In November 2020, a court judgment found that the UK had failed to adequately transpose aspects of two EU Directives into domestic law – Article 8(4) and 8(5) of EU Directive 89/391/EEC (“the Health and Safety Framework Directive”) and Article 3 of EU Directive 89/656/EEC (“the PPE Directive”). The UK implementation of these provisions only applied to employees and the court found that the UK’s implementation should extend to limb (b) workers. The government transposed the PPE Directive through the Personal Protective Equipment at Work Regulations 1992. The ‘Related section’ at the bottom of this page has further background information and the definition of a limb (b) worker.The PPER place a duty on every employer in Great Britain to ensure that suitable personal protective equipment (PPE) is provided to employees who may be exposed to a risk to their health or safety while at work. Currently, employers only have a duty to their ‘employees’ in respect to PPE – changes to the legislation will ensure this duty also extends to ‘limb (b) workers’. Amendments to the PPER will ensure the legislation reflects the court judgment and will apply in England, Scotland and Wales.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 the person against one or more risks to that person’s health or safety, and any addition or accessory designed to meet that objective.”https://consultations.hse.gov.uk/…/cd289-amends-ppe…/…

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