From 6th April 2022 the previous PPER 1992 will be updated.
What does this mean for us?
Currently you may provide workers with PPE based on the findings of your risk assessment where they are exposed to a hazard.
This may be safety boots, goggles, gloves or clothing to protect against weather and will be given free of charge.
You will also ensure that it is:
- Suitable and correct
- Used correctly
- Maintained
- Training is provided
- Storage is provided
- Replacement occurs as required
It is workers responsibility to:
- Wear it as they have been trained
- Report any defects
- Return to the appropriate storage.
This hasn’t changed!
However, the new regulations extend your responsibility to “limb (b) workers”.
What is a “limb” worker?
Section 230(3) of the Employment Rights Act 1996’s definition of a worker has 2 limbs:
- Limb (a) describes those with a contract of employment. This group are employees under the Health and Safety at Work etc Act 1974 and will already be accounted for in PPE provision
- Limb (b) describes workers who generally have a more casual employment relationship and work under a contract for service
Generally, workers who come under limb (b):
- Carry out casual or irregular work for one or more organisations
- after 1 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 written) 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)
What can I do?
- Take the opportunity to review your PPE provision across the organisation to ensure it is sufficient and current for each role
- Establish with your HR department / provider, whether any of your workforce are classed as “limb (b)” workers. We work with some fantastic HR companies and will be happy to pass on their contact details to assist with this. Address any gaps to ensure ALL workers remain protected and compliant
- Contact your Harrier consultant for further advice and support