Legal update: Changes to PPE Regulations from 6 April 2022

From 6 April 2022, changes to the Personal Protective Equipment Regulations 1992 (PPER) will come into force, becoming the Personal Protective Equipment Regulations 2022.

The idea of these PPE changes is to extend the Health & Safety responsibilities of employers when it comes to PPE to take into account a broader definition of ‘worker’ and require employers to provide PPE free of charge to these workers.

As a result, the regulations now take into account those workers who:

  • Have a contract of employment – These are ‘employees’ who are covered by Section 2 of the Health and Safety At Work etc. Act 1974 and also by the existing PPE regulations. There are no changes to the duties to employees under the amendments and so employers should continue to provide high-quality PPE in line with the risks identified within their risk assessments, free of charge.
  • May not have a formalised contract of employment – The regulations now account for workers who may not have a formalised contract of employment and who are engaged in a more ‘casual’ way.

 

What do these PPE changes mean for you?

Put simply, the PPE regulation changes in PPER 2022 are centred around a definition of ‘worker’ that replaces the old terminology of ‘employee’ used in the 1992 regulations.

This means that the duties for employers have not changed for those on a direct contract of employment. However, due to the changes within the PPER 2022, more people may now fall into the category of ‘worker’ and so those contracting or engaging them to complete works on a personal basis may be required to provide PPE and training on the use of that PPE.

For those who are genuinely self-employed, there’s no requirement for the person contracting the work to provide them with PPE.

In summary, all workers (including employees and those who previously were regarded as ‘casual’ and similar terms) must now be provided with PPE and trained on using that PPE, unless they are genuinely self-employed.

 

Need support with the PPE regulation changes?

If you’re already a Citation client, we’d recommend calling our advice line and chatting to our experts directly to get advice on how the changes to PPE regulations will affect you – simply call 0345 844 4848.

If you’re not already a Citation client, this free guide is a great starting point for navigating the confusing world of employment status.

Defining employment status – Understanding employment rights

An overview of the different employment status in Employment Law, how that determines employment rights and an overview of an employer's responsibilities.

Download the guide

But ideally we’d recommend talking to an expert directly – which is why we suggest you partner with Citation. Our HR & Employment Law and Health & Safety experts are available 24/7 to chat through your business’ compliance needs – anything from new legislation changes to day-to-day compliance concerns.

As well as this, you’ll also benefit from best-practice templates in our online compliance platform, Atlas, helping you master everything from risk assessments to contracts, alongside tribunal support, on-site visits, and much more.

Simply call 0345 844 1111 to get started with Citation today.

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