From 6 April 2022, the Personal Protective Equipment at Work Regulations are being updated. CHAS explains what you need to know.
The Personal Protective Equipment at Work Regulations 2022 come into force on 6 April 2022, updating the 1992 Regulations to extend employers’ and employees’ duties around PPE to a wider group of workers.
What’s Changed and Why?
Under the new rules, employers must ensure workers who carry out casual work (known as limb workers) receive the same level of protection as employees.
The amendments result from a High Court ruling that found the UK Government had failed to properly implement EU health and safety directives to protect ‘gig economy’ and precarious workers.
The changes come into force at a time when TUC research shows the number of people working for the gig economy has almost tripled in the past five years.
What is a Limb Worker?
According to, section 230(3) of the Employment Rights Act 1996 the definition of a worker in the UK has two limbs:
- Limb (a) refers to employees under the Health and Safety at Work etc Act 1974 who are already in scope of PPER 1992
- Limb (b) covers casual workers working under a contract for service who are not currently covered by PPER 1992
Broadening The Definition of “Worker”
Many challenges lie within each stage of the contract lifecycle, especially with large and complex construction projects that involve numerous contractors and sub-contractors and which operate on a global level with multiple dependents. Without proper management, files can be lost or misplaced, approvals take longer, and the project is delayed.
Tracking and auditing become challenging when documents are passed along to staff members who may not know the correct procedures for effectively monitoring contract details. Communication gets skewed between teams, and important details and meeting notes get lost. Every time this happens, your company loses revenue and credibility.
The most important and serious contract management challenge in the construction industry is compliance. Contract details regarding regulation and health and safety compliance are non-negotiable and must be carefully monitored. Legally, your company is obligated to ensure compliance with all construction-related regulations at every level of your supply chain. Failure to do so creates legal ramifications detrimental to your finances and business’s reputation.
General Duties of Limb (b) Workers
Every employment relationship is individual, but, in general, workers who come under limb (b):
- carry out casual or irregular work for one or more organisations
- after one month of continuous service, receive holiday pay but not other employment rights such as the minimum period of statutory notice
- only carry out work if they choose to
- have a contract or other arrangement to do work or services personally for a reward (the contract doesn’t have to be in writing) and only have a limited right to send someone else to do the work, for example, swapping shifts with someone on a pre-approved list (subcontracting)
- are not in business for themselves (they do not advertise services directly to customers who can then also book their services directly)
It should also be noted that the changes don’t apply to those who have ‘self-employed’ status.
What Must Businesses Do To Comply?
By 6 April 2022, businesses with only limb (b) workers must provide PPE free of charge to these workers where it is needed. All PPE should be compatible, maintained and stored correctly with training and instruction provided for its correct use. Meanwhile, workers have an obligation to report lost or defective PPE to employers.
Businesses with both employees and limb (b) workers must ensure from 6 April 2022 that there is no difference in how PPE is provided to these workers. This means companies will need to supply the same level of protection to all “workers” as defined by PPER 2022 who need PPE regardless of their employment status.
The following HSE guidance regarding PPE at work is useful to keep in mind when assessing PPE requirements:
- It is essential to put in place all necessary safe systems of work, control measures and engineering solutions so that use of PPE is minimised
- Where PPE is needed it must be the most appropriate for the identified risk and should only be issued where it further reduces the level of risk
- PPE is a safeguard of last resort since it only protects the individual wearer
More information about the changes can be found here: www.hse.gov.uk/ppe/ppe-regulations-2022.htm
To find out more about how CHAS can help your business, call CHAS today on 0345 521 9111
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