Personal Protective Equipment at Work Regulations 1992 (PPER): Consultation response
12 December 2021
During the summer of 2021, HSE hosted a formal public consultation on the proposed amendments to the PPER 1992. This was to understand the impact on stakeholders and businesses of extending the scope of the employers’ duties under the PPER to workers and not only employees. Please read below for more information.
Publication of Consultation Response on amendments to the Personal Protective Equipment at Work Regulations 1992
As you may be aware, changes are being made to the PPER 1992 to align with a court judgment which decided that the Government had failed to adequately transpose Article 8(4) and 8(5) of EU Directive 89/391/EEC (“the Framework Directive”) and Article 3 of EU Directive 89/656/EEC of 30 November 1989 (“the Personal Protective Equipment Directive”) into UK law.
The UK implemented the PPE Directive through the Personal Protective Equipment at Work Regulations 1992 (“PPER 1992”) which places duties on employers and employees in regard to PPE.
The duties under the PPER 1992 apply whilst the employee is at work. The employer’s duties include the assessment and provision of PPE (where it is found necessary during a risk assessment), ensuring PPE is suitable for use, the maintenance and replacement of PPE, and other duties around the information, instruction, training, and use of PPE. The employee’s duties under the PPER 1992 are to report loss and defects in the PPE which they are provided, use the PPE in accordance with the training and instruction provided, and to ensure PPE is returned to the accommodation provided by the employer.
The High Court found that the PPE Directive required these duties to be extended to limb (b) workers. Therefore, HSE is making amendments to the PPER in order to align with the court’s judgment.
During the summer of 2021, HSE hosted a formal public consultation on the HSE Consultation Hub on the proposed amendments to the PPER 1992, inviting stakeholders ranging from industrial sectors to businesses and workers and representatives to participate. The aim of the consultation is to understand the impact (costs and benefits) on stakeholders and businesses of extending the scope of the employers’ and employees’ duties under the PPER to limb (b) workers.
We are pleased to inform you HSE has published its consultation outcome which can be accessed here.
What next?
HSE currently plan to introduce the amending regulations in early 2022 and expect the regulations to come into force on 6 April 2022.
We will also publish updated guidance to support businesses that are impacted by the changes and ensure workers are aware of their rights in respect of PPE in the workplace.