PPE Regs Update 6th April 2022

Are you aware of the upcoming PPE regs update? The existing PPE regulations are being amended on 6th April 2022, when the Personal Protective Equipment at Work (Amendment) Regulations 2022 will come in to force. These regs are commonly known as PPER 2022.

These changes may impact your business, depending on how you engage your workers.

What are the changes to the PPE Regs?

The current regulations places a duty on every employer to provide PPE is provided to employees where required, and to make sure that employees have sufficient information, instruction and training on the use of PPE. who may be exposed to a risk to their health or safety while at work.

PPER 2022 extends these duties to all workers, and defines a “worker” as an individual who has entered into or works under: 

(a) a contract of employment; or

(b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party.

Generally, workers who come under definition (b) are those who:

  • 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)

Please note: these changes do not apply to those who have a ‘self-employed’ status.

Hard hat to illustrate article PPE reg update

What do the PPER 2022 changes mean for employers?

Employers with only type (a) workers

No change, continue to comply with the requirements and responsibilities of the existing PPE regs.

Employers with both type (a) and type (b) workers

From 6th April 2022, ensure there is no difference in the way that PPE is provided to workers, whether they are type (a) or type (b). PPE must be provided free of charge, and all workers must use the PPE properly following training and and instruction from the employer.

For employers with only type (b) workers

From 6th April 2022, ensure that your workers are provided with PPE, where your risk assessments show that PPE is needed.

Employers must ensure suitable PPE is:

  • provided free of charge
  • compatible with other PPE and work equipment
  • maintained
  • correctly stored
  • used properly

You will also need to provide training and instruction in its use to all your workers.

Need any support and guidance on the PPE regs update and how they impact you and your workers?

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  2. Managing Health and Safety for small businesses
  3. How do I carry out a risk assessment?

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