Citation and commencement

1. These Regulations may be cited as the Personal Protective Equipment at Work Regulations 1992 and shall come into force on 1st January 1993.

Interpretation

2.—(1)In these Regulations—

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“employer”, in relation to a worker, means the person by whom the worker is employed under their worker’s contract;

“personal protective equipment”, unless the context requires otherwise, means 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 and safety, and any addition or accessory designed to meet that objective;

“relevant self-employed person” means a self-employed person (except a worker) who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the 1974 Act;

“worker” means an individual who has entered into or works under—

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

(2) Any reference in these Regulations to—

(a)a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and

(b)a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.

Disapplication of these Regulations

3.—(1) These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of the normal ship-board activities of a ship’s crew under the direction of the master.

(2) Regulations 4 to 12 shall not apply in respect of personal protective equipment which is—

(a)ordinary working clothes and uniforms which do not specifically protect the health and safety of the wearer;

(b)an offensive weapon within the meaning of section 1(4) of the Prevention of Crime Act 1953(2) used as self-defence or as deterrent equipment;

(c)portable devices for detecting and signalling risks and nuisances;

(d)personal protective equipment used for protection while travelling on a road within the meaning (in England and Wales) of section 192(1) of the Road Traffic Act 1988(3), and (in Scotland) of section 151 of the Roads (Scotland) Act 1984(4);

(e)equipment used during the playing of competitive sports.

(3) Regulations 4 and 6 to 12 shall not apply where any of the following Regulations apply and in respect of any risk to a person’s health or safety for which any of them require the provision or use of personal protective equipment, namely—

(a)the Control of Lead at Work Regulations 2002 ;

(b)the Ionising Radiations Regulations 2017 [SI 2017/1075] ;

(c)the Control of Asbestos Regulations 2012 ;

(d)the Control of Substances Hazardous to Health Regulations 2002 ;

(e)The Control of Noise at Work Regulations 2005 ;

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of the 1974 Act

3A.—(1)The duty placed on the employer in respect of their employees by section 9 of the 1974 Act (duty not to charge employees) is modified to apply in respect of the duties under these Regulations to their workers, and “employer”, as referenced in section 9, in relation to a worker means the person by whom the worker is employed under their worker’s contract.

(2)In these Regulations, section 52 of the 1974 Act (meaning of “work” and related expressions) is extended as follows—

(a)“work” includes work as a worker;

(b)a worker is at work throughout the time when they are working under their worker’s contract, but not otherwise.

Provision of personal protective equipment

4.—(1)Subject to paragraph (1A), every employer shall ensure that suitable personal protective equipment is provided to their workers 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.

(1A)Where the characteristics of any policing activity are such that compliance by the relevant officer with the requirement in paragraph (1) would lead to an inevitable conflict with the exercise of police powers or performance of police duties, that requirement shall be complied with so far as is reasonably practicable.

(2) Every relevant self-employed person shall ensure that they are provided with suitable personal protective equipment where they 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.

(3) Without prejudice to the generality of paragraphs (1) and (2), personal protective equipment shall not be suitable unless—

(a)it is appropriate for the risk or risks involved, the conditions at the place where exposure to the risk may occur, and the period for which it is worn;

(b)it takes account of ergonomic requirements and the state of health of the person or persons who may wear it, and of the characteristics of the workstation of each such person;

(c)it is capable of fitting the wearer correctly, if necessary, after adjustments within the range for which it is designed;

(d)so far as is practicable, it is effective to prevent or adequately control the risk or risks involved without increasing overall risk;

(e)it complies with any legal requirement which is applicable to that item of personal protective equipment.

(4)Where it is necessary to ensure that personal protective equipment is hygienic and otherwise free of risk to health, every employer and every relevant self-employed person shall ensure that personal protective equipment provided under this regulation is provided to a person for use only by them.

(5)In paragraph (3)(e), “any legal requirement” means any requirement of—

(a)an enactment (whether in an Act or instrument) which implements in Great Britain any provision on design or manufacture with respect to health or safety in any relevant Community Directive listed in Schedule 1; or

(b)Regulation (EU) 2016/425 of the European Parliament and of the Council on personal protective equipment and repealing Council Directive 89/686/EEC....

Compatibility of personal protective equipment

5.—(1) Every employer shall ensure that where the presence of more than one risk to health or safety makes it necessary for their worker to wear or use simultaneously more than one item of personal protective equipment, such equipment is compatible and continues to be effective against the risk or risks in question.

(2) Every relevant self-employed person shall ensure that where the presence of more than one risk to health or safety makes it necessary for them to wear or use simultaneously more than one item of personal protective equipment, such equipment is compatible and continues to be effective against the risk or risks in question.

Assessment of personal protective equipment

6.—(1) Before choosing any personal protective equipment which by virtue of regulation 4 they are required to ensure is provided, an employer or relevant self-employed person shall ensure that an assessment is made to determine whether the personal protective equipmentthey intend will be provided is suitable.

(2) The assessment required by paragraph (1) shall include—

(a)an assessment of any risk or risks to health or safety which have not been avoided by other means;

(b)the definition of the characteristics which personal protective equipment must have in order to be effective against the risks referred to in sub-paragraph (a) of this paragraph, taking into account any risks which the equipment itself may create;

(c)comparison of the characteristics of the personal protective equipment available with the characteristics referred to in sub-paragraph (b) of this paragraph.

(d)an assessment as to whether the personal protective equipment is compatible with other personal protective equipment which is in use and which a worker would be required to wear simultaneously.

(3) Every employer or relevant self-employed person who is required by paragraph (1) to ensure that any assessment is made shall ensure that any such assessment is reviewed if—

(a)there is reason to suspect that it is no longer valid; or

(b)there has been a significant change in the matters to which it relates,

and where as a result of any such review changes in the assessment are required, thatemployer or relevant self-employed person shall ensure that they are made.

Maintenance and replacement of personal protective equipment

7.—(1) Every employer shall ensure that any personal protective equipment provided to their workers is maintained (including replaced or cleaned as appropriate) in an efficient state, in efficient working order and in good repair.

(2) Every relevant self-employed person shall ensure that any personal protective equipment provided to them is maintained (including replaced or cleaned as appropriate) in an efficient state, in efficient working order and in good repair.

Accommodation for personal protective equipment

8. Where an employer or relevant self-employed person is required, by virtue of regulation 4, to ensure personal protective equipment is provided, they shall also ensure that appropriate accommodation is provided for that personal protective equipment when it is not being used.

Information, instruction and training

9.—(1) Where an employer is required to ensure that personal protective equipment is provided to a worker , the employer shall also ensure that the worker is provided with such information, instruction and training as is adequate and appropriate to enable the worker to know—

(a)the risk or risks which the personal protective equipment will avoid or limit;

(b)the purpose for which and the manner in which personal protective equipment is to be used; and

(c)any action to be taken by the worker to ensure that the personal protective equipment remains in an efficient state, in efficient working order and in good repair as required by regulation 7(1) and shall ensure that such information is kept available to workers .

(2) Without prejudice to the generality of paragraph (1), the information and instruction provided by virtue of that paragraph shall not be adequate and appropriate unless it is comprehensible to the persons to whom it is provided.

(3)Without prejudice to the generality of paragraph (1) the employer shall, where appropriate, and at suitable intervals, organise demonstrations in the wearing of personal protective equipment.

Use of personal protective equipment

10.—(1) Every employer shall take all reasonable steps to ensure that any personal protective equipment provided to their workers by virtue of regulation 4(1) is properly used.

(2)Every worker shall use any personal protective equipment provided to them by virtue of these Regulations in accordance both with any training in the use of the personal protective equipment concerned which has been received by them and the instructions respecting that use which have been provided to them by virtue of regulation 9.

(3) Every relevant self-employed person shall make full and proper use of any personal protective equipment provided to them by virtue of regulation 4(2).

(4)Every worker and relevant self-employed person who has been provided with personal protective equipment by virtue of regulation 4 shall take all reasonable steps to ensure that it is returned to the accommodation provided for it after use.

Reporting loss or defect

11.Every worker who has been provided with personal protective equipment by virtue of regulation 4(1) shall forthwith report to their employer any loss of or obvious defect in that personal protective equipment.

Exemption certificates

12.—(1) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt—

(a)any of the home forces, any visiting force or any headquarters from those requirements of these Regulations which impose obligations on employers; or

(b)any member of the home forces, any member of a visiting force or any member of a headquarters from the requirements imposed by regulation 10 or 11;

and any exemption such as is specified in sub-paragraph (a) or (b) of this paragraph may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a further certificate in writing at any time.

(2) In this regulation—

(a)“the home forces” has the same meaning as in section 12(1) of the Visiting Forces Act 1952(5);

(b)“headquarters” has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965(6);

(c)“member of a headquarters” has the same meaning as in paragraph 1(1) of the Schedule to the International Headquarters and Defence Organisations Act 1964(7); and

(d)“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.

Extension outside Great Britain

13. These Regulations shall apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2013 as they apply within Great Britain.

Modifications, repeal and revocations

14.—(1) The Act and Regulations specified in Schedule 2 shall be modified to the extent specified in the corresponding Part of that Schedule.

(2)Section 65 of the Factories Act 1961 is repealed.

(3) The instruments specified in column 1 of Schedule 3 are revoked to the extent specified in column 3 of that Schedule.

Regulation 4(3)(e)

SCHEDULE 1RELEVANT COMMUNITY DIRECTIVES

1.Council Directive 89/686/EEC on the approximation of the laws of the member States relating to personal protective equipment (OJNo. L399, 30.12.89, p.18).

2.Council Directive 93/42/EEC concerning medical devices (OJNo. L169, 12.7.93, p.1).

Regulation 14(1)

SCHEDULE 2MODIFICATIONS

PART ITHE FACTORIES ACT 1961(8)

1. In section 30(6), for “breathing apparatus of a type approved by the chief inspector”, substitute “suitable breathing apparatus”.

PART IITHE COAL AND OTHER MINES (FIRE AND RESCUE) ORDER 1956(9)

2. In Schedule 1, in regulation 23(a), for “breathing apparatus of a type approved by the Minister”, substitute “suitable breathing apparatus”.

3. In Schedule 1, in regulation 23(b), for “smoke helmets or other apparatus serving the same purpose, being helmets or apparatus of a type approved by the Minister,”, substitute “suitable smoke helmets or other suitable apparatus serving the same purpose”.

4. In Schedule 1, in regulation 24(a), for “smoke helmet or other apparatus serving the same purpose, being a helmet or other apparatus of a type approved by the Minister,”, substitute “suitable smoke helmet or other suitable apparatus serving the same purpose”.

PART IIITHE SHIPBUILDING AND SHIP-REPAIRING REGULATIONS 1960

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PART IVTHE COAL MINES (RESPIRABLE DUST) REGULATIONS 1975(10)

6. In regulation 10(a), for “dust respirators of a type approved by the Executive for the purpose of this Regulation”, substitute “suitable dust respirators”.

PART VTHE CONTROL OF LEAD AT WORK REGULATIONS 1980

7. In regulation 7—

(a)after “respiratory protective equipment”, insert “which complies with regulation 8A or, where the requirements of that regulation do not apply, which is”; and

(b)after “as will”, insert “, in either case,”.

8. In regulation 8, for “adequate protective clothing”, substitute “protective clothing which complies with regulation 8A or, where no requirement is imposed by virtue of that regulation, is adequate”.

9. After regulation 8, insert the following new regulations—

“Compliance with relevant Community directives

8A.Any respiratory protective equipment or protective clothing shall comply with any enactment (whether in an Act or instrument) which implements any provision on design or manufacture with respect to health or safety in any relevant Community directive listed in Schedule 1 to the Personal Protective Equipment at Work Regulations 1992 which is applicable to that item of respiratory protective equipment or protective clothing.

Assessment of respiratory protective equipment or protective clothing

8B.—(1)Before choosing respiratory protective equipment or protective clothing, an employer shall make an assessment to determine whether it will satisfy regulation 7 or 8, as appropriate.

(2)The assessment required by paragraph (1) shall involve—

(a)definition of the characteristics necessary to comply with regulation 7 or, as the case may be, 8, and

(b)comparison of the characteristics of respiratory protective equipment or protective clothing available with the characteristics referred to in sub-paragraph (a) of this paragraph.

(3)The assessment required by paragraph (1) shall be revised if—

(a)there is reason to suspect that it is no longer valid; or

(b)there has been a significant change in the work to which it relates,

and, where, as a result of the review, changes in the assessment are required, the employer shall make them.”.

10. In regulation 9, for sub-paragraph (b), substitute the following sub-paragraph—

“(b)where he is required under regulations 7 or 8 to provide respiratory protective equipment or protective clothing, adequate changing facilities and adequate facilities for the storage of—

(i)the respiratory protective equipment or protective clothing, and

(ii)personal clothing not worn during working hours.”.

11. At the end of regulation 13, add the following new paragraph—

“(3)Every employee shall take all reasonable steps to ensure that any respiratory protective equipment provided to him pursuant to regulation 7 and protective clothing provided to him pursuant to regulation 8 is returned to the accommodation provided for it after use.”

12. In regulation 18(2), omit the full stop and add “and that any provision imposed by the European Communities in respect of the encouragement of improvements in the safety and health of workers at work will be satisfied.”.

PART VITHE IONISING RADIATIONS REGULATIONS 1985

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PART VIITHE CONTROL OF ASBESTOS AT WORK REGULATIONS 1987

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PART VIIITHE CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH REGULATIONS 1988

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PART IXTHE NOISE AT WORK REGULATIONS 1989

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PART XTHE CONSTRUCTION (HEAD PROTECTION) REGULATIONS 1989

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Regulation 14(3)

SCHEDULE 3REVOCATIONS