Personal Protective Equipment at Work Regulations 1992

In brief

The Personal Protective Equipment at Work Regulations 1992 are made under the Health and Safety at Work etc. Act 1974 and set the specific duties on providing and using personal protective equipment (PPE) at work in Great Britain. Every employer must ensure that suitable PPE is provided to its workers who may be exposed to a risk to their health or safety while at work, except where and to the extent that the risk is adequately controlled by other means which are equally or more effective (reg. 4(1)). PPE is not suitable unless, among other things, it is appropriate for the risks, the conditions and the period it is worn (reg. 4(3)(a)), it takes account of ergonomic requirements and the state of health of the person or persons who may wear it (reg. 4(3)(b)), it is capable of fitting the wearer correctly, if necessary after adjustments within the range for which it is designed (reg. 4(3)(c)), and so far as practicable it is effective against the risk without increasing overall risk (reg. 4(3)(d)). Before choosing PPE, the employer must ensure an assessment is made of whether the PPE it intends to provide is suitable (reg. 6(1)), covering the risks not avoided by other means, the characteristics the PPE needs, a comparison of the PPE available against them, and compatibility with other PPE worn at the same time (reg. 6(2)); the assessment must be reviewed if there is reason to suspect it is no longer valid or there has been a significant change in the matters to which it relates (reg. 6(3)). The employer must give the worker adequate and appropriate information, instruction and training on the risks the PPE will avoid or limit, how and why it is to be used, and how to keep it in working order (reg. 9(1)), in a form the worker can understand (reg. 9(2)). Since 6 April 2022 these duties are owed to 'workers', meaning individuals working under a contract of employment or under a contract to perform work or services personally for a party who is not their client or customer (reg. 2(1), as substituted by SI 2022/8). Ordinary working clothes and uniforms which do not specifically protect the health and safety of the wearer are outside regs 4 to 12 (reg. 3(2)(a)). Workers must use PPE in accordance with their training and instructions (reg. 10(2)) and report its loss or any obvious defect (reg. 11). The Regulations contain no reference to sex or gender.

Key provisions

• PPEWR reg. 2(1) — Interpretation: 'worker', 'employer' and 'personal protective equipment' : As substituted from 6 April 2022 by SI 2022/8, reg. 3: 'worker' means an individual who has entered into or works under (a) a contract of employment, or (b) any contract, express or implied and (if express) oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual. 'Employer', in relation to a worker, means the person by whom the worker is employed under their worker's contract. 'Personal protective equipment' means all equipment (including clothing affording protection against the weather) intended to be worn or held by a person at work 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.
• PPEWR reg. 3(2)-(3) — What the core duties do not cover : Regulations 4 to 12 do not apply to PPE which is (a) ordinary working clothes and uniforms which do not specifically protect the health and safety of the wearer; (b) an offensive weapon used as self-defence or deterrent equipment; (c) portable devices for detecting and signalling risks and nuisances; (d) PPE used for protection while travelling on a road; or (e) equipment used during the playing of competitive sports (reg. 3(2)). Regulations 4 and 6 to 12 do not apply where the Control of Lead at Work Regulations 2002, the Ionising Radiations Regulations 2017, the Control of Asbestos Regulations 2012, the Control of Substances Hazardous to Health Regulations 2002 or the Control of Noise at Work Regulations 2005 apply and require PPE for the risk in question (reg. 3(3)). Per reg. 3(1), the Regulations do not apply to the master or crew of a sea-going ship in respect of normal ship-board activities.
• PPEWR reg. 3A — Modification of the 1974 Act for workers : Inserted from 6 April 2022 by SI 2022/8, reg. 5. The employer's duty under section 9 of the 1974 Act (duty not to charge employees) is modified to apply, in respect of the duties under these Regulations, to the employer's workers (reg. 3A(1)). For these Regulations, 'work' includes work as a worker, and a worker is at work throughout the time when they are working under their worker's contract, but not otherwise (reg. 3A(2)).
• PPEWR reg. 4(1) — Duty to provide suitable PPE : Subject to paragraph (1A) (policing activity), 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. Per reg. 4(2), a relevant self-employed person owes the corresponding duty for themselves.
• PPEWR reg. 4(3) — When PPE is suitable, including fit to the wearer : Without prejudice to the generality of reg. 4(1) and (2), PPE 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; and (e) it complies with any legal requirement applicable to that item (defined in reg. 4(5)). Per reg. 4(4), where necessary to ensure PPE is hygienic and otherwise free of risk to health, it must be provided to a person for use only by them.
• PPEWR reg. 6 — Assessment of PPE : Before choosing any PPE which by virtue of regulation 4 they are required to ensure is provided, an employer shall ensure that an assessment is made to determine whether the PPE they intend will be provided is suitable (reg. 6(1)). The assessment shall include (a) an assessment of any risks to health or safety not avoided by other means; (b) the definition of the characteristics PPE must have to be effective against those risks, taking into account any risks the equipment itself may create; (c) comparison of the characteristics of the PPE available with those characteristics; and (d) an assessment of whether the PPE is compatible with other PPE in use which a worker would be required to wear simultaneously (reg. 6(2)). The assessment must be reviewed if (a) there is reason to suspect it is no longer valid, or (b) there has been a significant change in the matters to which it relates, and any changes required as a result must be made (reg. 6(3)).
• PPEWR reg. 9 — Information, instruction and training : Where an employer is required to ensure that PPE 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 PPE will avoid or limit; (b) the purpose for which and the manner in which the PPE is to be used; and (c) any action to be taken by the worker to ensure that the PPE remains in an efficient state, in efficient working order and in good repair as required by reg. 7(1), and shall ensure that such information is kept available to workers (reg. 9(1)). The information and instruction is not adequate and appropriate unless it is comprehensible to the persons to whom it is provided (reg. 9(2)). Where appropriate, and at suitable intervals, the employer shall organise demonstrations in the wearing of PPE (reg. 9(3)).
• PPEWR regs 10-11 — Use of PPE and reporting defects : Every employer shall take all reasonable steps to ensure that PPE provided to their workers by virtue of reg. 4(1) is properly used (reg. 10(1)). Every worker shall use any PPE provided to them by virtue of these Regulations in accordance with any training received and the instructions provided under reg. 9 (reg. 10(2)), and shall take all reasonable steps to return it to the accommodation provided after use (reg. 10(4)). Every worker provided with PPE by virtue of reg. 4(1) shall forthwith report to their employer any loss of or obvious defect in it (reg. 11).
• PPEWR reg. 13 — Extent and extension outside Great Britain : The Regulations 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 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. legislation.gov.uk records the extent of the Regulations as England, Wales and Scotland.

When relevant

Relevant when an employer in England, Wales or Scotland asks whether the protective equipment it issues meets its duties, for example where a trans worker is issued boots, overalls, a harness or other PPE from a single size range that does not fit them. Regulation 4(1) requires suitable PPE where a risk is not adequately controlled by other means; reg. 4(3)(c) makes fit to the wearer part of suitability; reg. 6 requires an assessment before PPE is chosen and a review on a significant change; reg. 9 requires information, instruction and training. Since 6 April 2022 the duties are owed to workers within reg. 2(1): employees and limb (b) workers who undertake to perform work or services personally (SI 2022/8). Relevant self-employed persons have parallel duties for themselves (regs 4(2), 5(2), 6, 7(2), 8, 10(3)); a self-employed contractor who is not a worker within reg. 2(1) is outside the employer's duties under these Regulations, although HSWA1974 s.3(1) may still apply. Ordinary uniforms and workwear that give no specific protection are outside regs 4 to 12 (reg. 3(2)(a)). Breach is a criminal matter enforced under the Health and Safety at Work etc. Act 1974 (HSWA1974 ss.18 and 33(1)(c)); it is not actionable in civil proceedings except to the extent regulations under section 47 of that Act provide (HSWA1974 s.47(2)). Whether less favourable treatment in issuing PPE is discrimination is for the Equality Act 2010 (EA2010), not these Regulations. Not Northern Ireland. Decision support, not legal advice.