The Personal Protective Equipment at Work Regulations 1992
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Amended by |
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The Personal Protective Equipment at Work Regulations1 implement Directive 89/656/EEC, which requires that PPE is used to protect workers from the residual risks left after other control measures are in place. They also take account of Directive 89/686/EEC on the approximation of PPE laws - which governs the sale and free movement of PPE within the EU and establishes basic safety requirements to be satisfied to ensure the health and safety of users - although this Directive's requirements are specifically implemented by the PPE (EC Directive) Regulations 1992 (SI 1992 No.2966).
The PPE at Work Regulations do not fully implement the requirements of Directive 89/656/EEC: they do not create a duty to ensure that PPE used by more than one person does not create health or hygiene problems, although this is referred to in the guidance (there is no ACoP). Nor do they fully implement the temporary workers Directive (91/383/EEC), in that temporary workers must rely on their employing agency and not the user of their services to provide PPE. Where Regulations do not give effect to the Directives they implement, a person who has suffered an injury as a result may be able to rely in court directly on the provisions of the Directive.
HSE research found that, of the "six-pack", employers are most aware of the PPE Regulations.
ENFORCEMENT OF THE PPE REGULATIONS BY THE HSE2
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1993/94 |
1994/95 |
1995/96 |
1996/97 |
1997/983 |
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Improvement notice requirements |
70 |
71 |
79 |
45 |
22 |
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Deferred prohibition notice requirements |
1 |
0 |
0 |
0 |
2 |
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Immediate prohibition notice requirements |
32 |
35 |
14 |
23 |
21 |
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Percentage of all requirements in notices served under specific Regulations4 |
1.3% |
1.2% |
1.2% |
0.8% |
0.5% |
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Informations laid |
0 |
5 |
6 |
8 |
1 |
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Convictions |
0 |
5 |
3 |
6 |
1 |
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Informations withdrawn |
0 |
0 |
3 |
1 |
0 |
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Informations dismissed |
0 |
0 |
0 |
0 |
0 |
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Percentage of all HSE convictions5 |
0% |
0.3% |
0.2% |
0.4% |
0.1% |
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Average penalty per PPE conviction |
£0 |
£2,400 |
£1,067 |
£1,350 |
£0 |
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Average penalty per all convictions |
£3,103 |
£2,873 |
£2,572 |
£5,274 |
£4,785 |
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Average penalty per all convictions, excluding fines of £100,000 or greater |
£2,447 |
£2,677 |
£2,572 |
£3,113 |
£3,886 |
Source: HSC/E.
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Principal duty-holders and scope of duty |
Employers and the self-employed have a duty to ensure that suitable PPE is provided and used when needed to control workplace risks. |
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Risks assessed |
PPE is provided to address risks to health and safety that have not been avoided by other means. The HSE's guidance says that, in practice, these risks should already have been assessed under other Regulations and eliminated or controlled so far as is reasonably practicable. PPE should be used as a "last resort". |
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PPE is broadly defined: it includes all equipment, including clothing for weather protection, that is intended to be worn or held by a person to protect against workplace risks, and any addition or accessory designed to meet that objective. Only ordinary work clothes, uniforms, road vehicle safety (crash helmets, seat belts etc) and sports equipment are excluded. Some items are excluded from the scope of the PPE Regulations because they are covered by more specific Regulations, eg ear protectors. |
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PPE assessment |
PPE must be assessed to ensure that it is suitable. The assessment needs to include: a definition of the characteristics PPE must have to be effective against the risks (taking into account any risks that the equipment itself may create); and a comparison of these characteristics with those of the PPE available. |
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PPE provided must: be appropriate and adequate; fit the wearer; take account of ergonomic design and the state of health of the wearer; comply with the PPE (EC Directive) Regulations on standards, including being CE-marked; and be effective and with other PPE being used. |
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Timing of assessments |
Immediately for all PPE in use, and before choosing any PPE identified as necessary by the risk assessment, and also when there is significant change and/or there is reason to suspect it is no longer valid. |
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Cleaning, maintenance and accommodation |
Employers and the self-employed must ensure that PPE is cleaned, maintained and replaced to keep it in efficient working order and good repair. Accommodation must be provided for PPE when not in use. |
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Information, instruction and training provision for employees |
Employees provided with PPE must be given adequate and appropriate instruction and training on the risks the PPE will avoid or limit, on the purpose and manner of use, and on what they need to do to ensure that it remains in an efficient state and working order and in good repair. |
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Consultation with safety representatives |
The Directive imposes a duty on employers to consult with workers or their representatives. This is not specifically addressed in the Regulations, as the HSE relied on an employer's general consultation duties under the Safety Representatives and Safety Committees Regulations 1977 (as amended), and later on the Health and Safety (Consultation with Employees) Regulations 1996. |
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Employees' duties |
Employees must use PPE provided, and report its loss or defects to the employer. |
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Civil liability |
Yes. |
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Exclusions |
Employment on seagoing ships. |
1SI 1992 No.2966. The Regulations and guidance are published together as "Personal protective equipment at work", L25, HSE Books, ISBN 0 7176 0415, £5.
2Local authority figures not available.
3Provisional.
4Regulations quoted in five or more requirements.
5Includes other Regulations and Acts.
