1992 No. 2966
The Personal Protective Equipment at Work Regulations 1992
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred upon her by sections 15(1), (2), (3)(a) and (b), (5)(b) and (9) of, and paragraphs 11 and 14 of Schedule 3 to the Health and Safety at Work etc. Act 19741, and of all other powers enabling her in that behalf and for the purpose of giving effect without modifications to proposals submitted to her by the Health and Safety Commission under section 11(2)(d) of the said Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
Citation and commencementI11
These Regulations may be cited as the Personal Protective Equipment at Work Regulations 1992 and shall come into force on 1st January 1993.
InterpretationI22
1
In these Regulations, unless the context otherwise requires, “personal protective equipment” means all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects him against one or more risks to his health or safety, and any addition or accessory designed to meet that objective.
2
Any reference in these Regulations to—
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Disapplication of these RegulationsI33
1
These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of the normal ship-board activities of a ship’s crew under the direction of the master.
2
Regulations 4 to 12 shall not apply in respect of personal protective equipment which is—
a
ordinary working clothes and uniforms which do not specifically protect the health and safety of the wearer;
b
an offensive weapon within the meaning of section 1(4) of the Prevention of Crime Act 19532 used as self-defence or as deterrent equipment;
c
portable devices for detecting and signalling risks and nuisances;
d
e
equipment used during the playing of competitive sports.
3
Regulations 4 and 6 to 12 shall not apply where any of the following Regulations apply and in respect of any risk to a person’s health or safety for which any of them require the provision or use of personal protective equipment, namely—
a
the Control of Lead at Work Regulations 19805;
b
the Ionising Radiations Regulations 19856;
c
the Control of Asbestos at Work Regulations 19877;
d
the Control of Substances Hazardous to Health Regulations 19888;
e
the Noise at Work Regulations 19899;
f
the Construction (Head Protection) Regulation 198910.
Provision of personal protective equipmentI44
1
Every employer shall ensure that suitable personal protective equipment is provided to his employees 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.
2
Every self-employed person shall ensure that he is provided with suitable personal protective equipment where he may be exposed to a risk to his 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.
3
Without prejudice to the generality of paragraphs (1) and (2), personal protective equipment shall not be suitable unless—
a
it is appropriate for the risk or risks involved and the conditions at the place where exposure to the risk may occur;
b
it takes account of ergonomic requirements and the state of health of the person or persons who may wear it;
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;
e
it complies with any enactment (whether in an Act or instrument) which implements in Great Britain any provision on design or manufacture with respect to health or safety in any relevant Community directive listed in Schedule 1 which is applicable to that item of personal protective equipment.
Compatibility of personal protective equipmentI55
1
Every employer shall ensure that where the presence of more than one risk to health or safety makes it necessary for his employee to wear or use simultaneously more than one item of personal protective equipment, such equipment is compatible and continues to be effective against the risk or risks in question.
2
Every self-employed person shall ensure that where the presence of more than one risk to health or safety makes it necessary for him to wear or use simultaneously more than one item of personal protective equipment, such equipment is compatible and continues to be effective against the risk or risks in question.
Assessment of personal protective equipmentI66
1
Before choosing any personal protective equipment which by virtue of regulation 4 he is required to ensure is provided, an employer or self-employed person shall ensure that an assessment is made to determine whether the personal protective equipment he intends will be provided is suitable.
2
The assessment required by paragraph (1) shall include—
a
an assessment of any risk or risks to health or safety which have not been avoided by other means;
b
the definition of the characteristics which personal protective equipment must have in order to be effective against the risks referred to in sub-paragraph (a) of this paragraph, taking into account any risks which the equipment itself may create;
c
comparison of the characteristics of the personal protective equipment available with the characteristics referred to in sub-paragraph (b) of this paragraph.
3
Every employer or self-employed person who is required by paragraph (1) to ensure that any assessment is made shall ensure that any such assessment is reviewed if—
a
there is reason to suspect that it is no longer valid; or
b
there has been a significant change in the matters to which it relates,
and where as a result of any such review changes in the assessment are required, the relevant employer or self-employed person shall ensure that they are made.
Maintenance and replacement of personal protective equipmentI77
1
Every employer shall ensure that any personal protective equipment provided to his employees is maintained (including replaced or cleaned as appropriate) in an efficient state, in efficient working order and in good repair.
2
Every self-employed person shall ensure that any personal protective equipment provided to him is maintained (including replaced or cleaned as appropriate) in an efficient state, in efficient working order and in good repair.
Accommodation for personal protective equipmentI88
Where an employer or self-employed person is required, by virtue of regulation 4, to ensure personal protective equipment is provided, he shall also ensure that appropriate accommodation is provided for that personal protective equipment when it is not being used.
Information, instruction and trainingI99
1
Where an employer is required to ensure that personal protective equipment is provided to an employee, the employer shall also ensure that the employee is provided with such information, instruction and training as is adequate and appropriate to enable the employee to know—
a
the risk or risks which the personal protective equipment will avoid or limit;
b
the purpose for which and the manner in which personal protective equipment is to be used; and
c
any action to be taken by the employee to ensure that the personal protective equipment remains in an efficient state, in efficient working order and in good repair as required by regulation 7(1).
2
Without prejudice to the generality of paragraph (1), the information and instruction provided by virtue of that paragraph shall not be adequate and appropriate unless it is comprehensible to the persons to whom it is provided.
Use of personal protective equipmentI1010
1
Every employer shall take all reasonable steps to ensure that any personal protective equipment provided to his employees by virtue of regulation 4(1) is properly used.
2
Every employee shall use any personal protective equipment provided to him by virtue of these Regulations in accordance both with any training in the use of the personal protective equipment concerned which has been received by him and the instructions respecting that use which have been provided to him by virtue of regulation 9.
3
Every self-employed person shall make full and proper use of any personal protective equipment provided to him by virtue of regulation 4(2).
4
Every employee and self-employed person who has been provided with personal protective equipment by virtue of regulation 4 shall take all reasonable steps to ensure that it is returned to the accommodation provided for it after use.
Reporting loss or defectI1111
Every employee who has been provided with personal protective equipment by virtue of regulation 4(1) shall forthwith report to his employer any loss of or obvious defect in that personal protective equipment.
Exemption certificatesI1212
1
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt—
a
any of the home forces, any visiting force or any headquarters from those requirements of these Regulations which impose obligations on employers; or
b
any member of the home forces, any member of a visiting force or any member of a headquarters from the requirements imposed by regulation 10 or 11;
and any exemption such as is specified in sub-paragraph (a) or (b) of this paragraph may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a further certificate in writing at any time.
2
In this regulation—
a
“the home forces” has the same meaning as in section 12(1) of the Visiting Forces Act 195211;
b
“headquarters” has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 196512;
c
“member of a headquarters” has the same meaning as in paragraph 1(1) of the Schedule to the International Headquarters and Defence Organisations Act 196413; and
d
“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.
Extension outside Great BritainI1313
These Regulations shall 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 Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 198914 as they apply within Great Britain.
Modifications, repeal and revocationsI1414
1
The Act and Regulations specified in Schedule 2 shall be modified to the extent specified in the corresponding Part of that Schedule.
2
Section 65 of the Factories Act 1961 is repealed.
3
The instruments specified in column 1 of Schedule 3 are revoked to the extent specified in column 3 of that Schedule.
Signed by order of the Secretary of State.
I40SCHEDULE 1RELEVANT COMMUNITY DIRECTIVE
I40Council Directive of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (89/686/EEC)15.
SCHEDULE 2MODIFICATIONS
PART ITHE FACTORIES ACT 196116
I151
In section 30(6), for “breathing apparatus of a type approved by the chief inspector”, substitute “suitable breathing apparatus”.
PART IITHE COAL AND OTHER MINES (FIRE AND RESCUE) ORDER 195617
I162
In Schedule 1, in regulation 23(a), for “breathing apparatus of a type approved by the Minister”, substitute “suitable breathing apparatus”.
I173
In Schedule 1, in regulation 23(b), for “smoke helmets or other apparatus serving the same purpose, being helmets or apparatus of a type approved by the Minister,”, substitute “suitable smoke helmets or other suitable apparatus serving the same purpose”.
I184
In Schedule 1, in regulation 24(a), for “smoke helmet or other apparatus serving the same purpose, being a helmet or other apparatus of a type approved by the Minister,”, substitute “suitable smoke helmet or other suitable apparatus serving the same purpose”.
PART IIITHE SHIPBUILDING AND SHIP-REPAIRING REGULATIONS 1960
I195
In each of regulations 50, 51(1) and 60(1), for “breathing apparatus of a type approved for the purpose of this Regulation”, substitute “suitable breathing apparatus”.
PART IVTHE COAL MINES (RESPIRABLE DUST) REGULATIONS 197518
I206
In regulation 10(a), for “dust respirators of a type approved by the Executive for the purpose of this Regulation”, substitute “suitable dust respirators”.
PART VTHE CONTROL OF LEAD AT WORK REGULATIONS 1980
I217
In regulation 7—
a
after “respiratory protective equipment”, insert “which complies with regulation 8A or, where the requirements of that regulation do not apply, which is”; and
b
after “as will”, insert “, in either case,”.
I228
In regulation 8, for “adequate protective clothing”, substitute “protective clothing which complies with regulation 8A or, where no requirement is imposed by virtue of that regulation, is adequate”.
I239
After regulation 8, insert the following new regulations—
Compliance with relevant Community directives8A
Any respiratory protective equipment or protective clothing shall comply with any enactment (whether in an Act or instrument) which implements any provision on design or manufacture with respect to health or safety in any relevant Community directive listed in Schedule 1 to the Personal Protective Equipment at Work Regulations 1992 which is applicable to that item of respiratory protective equipment or protective clothing.
Assessment of respiratory protective equipment or protective clothing8B
1
Before choosing respiratory protective equipment or protective clothing, an employer shall make an assessment to determine whether it will satisfy regulation 7 or 8, as appropriate.
2
The assessment required by paragraph (1) shall involve—
a
definition of the characteristics necessary to comply with regulation 7 or, as the case may be, 8, and
b
comparison of the characteristics of respiratory protective equipment or protective clothing available with the characteristics referred to in sub-paragraph (a) of this paragraph.
3
The assessment required by paragraph (1) shall be revised if—
a
there is reason to suspect that it is no longer valid; or
b
there has been a significant change in the work to which it relates,
and, where, as a result of the review, changes in the assessment are required, the employer shall make them.
I2410
In regulation 9, for sub-paragraph (b), substitute the following sub-paragraph—
b
where he is required under regulations 7 or 8 to provide respiratory protective equipment or protective clothing, adequate changing facilities and adequate facilities for the storage of—
i
the respiratory protective equipment or protective clothing, and
ii
personal clothing not worn during working hours.
I2511
At the end of regulation 13, add the following new paragraph—
3
Every employee shall take all reasonable steps to ensure that any respiratory protective equipment provided to him pursuant to regulation 7 and protective clothing provided to him pursuant to regulation 8 is returned to the accommodation provided for it after use.
I2612
In regulation 18(2), omit the full stop and add “and that any provision imposed by the European Communities in respect of the encouragement of improvements in the safety and health of workers at work will be satisfied.”.
PART VITHE IONISING RADIATIONS REGULATIONS 1985
I2713
In regulation 23(1), after “that respiratory protective equipment”, insert “complies with paragraph (1A) or, where no requirement is imposed by that paragraph,”.
I2814
After regulation 23(1), insert the following paragraphs—
1A
For the purposes of paragraph (1), personal protective equipment complies with this paragraph if it complies with any enactment (whether in an Act or instrument) which implements in Great Britain any provision on design or manufacture with respect to health or safety in any relevant Community directive listed in Schedule 1 to the Personal Protective Equipment at Work Regulations 1992 which is applicable to that item of personal protective equipment.
1B
Before choosing personal protective equipment, an employer shall make an assessment to determine whether it will satisfy regulation 6(3).
1C
The assessment required by paragraph (1B) shall involve—
a
definition of the characteristics necessary to comply with regulation 6(3), and
b
comparison of the characteristics of available personal protective equipment with the characteristics referred to in sub-paragraph (a) of this paragraph.
1D
The assessment required by paragraph (1B) shall be reviewed if—
a
there is reason to suspect that it is no longer valid; or
b
there has been a significant change in the work to which it relates,
and where, as a result of the review, changes in the assessment are required, the employer shall make them.
I2915
Add at the end of regulation 23 the following additional paragraphs—
2A
Every employer shall ensure that appropriate accommodation is provided for personal protective equipment when it is not being worn.
2B
Every employee shall take all reasonable steps to ensure that personal protective equipment provided to him is returned to the accommodation provided for it after use.
PART VIITHE CONTROL OF ASBESTOS AT WORK REGULATIONS 1987
I3016
In regulation 8(3), after “shall” the first time that word appears, insert “comply with paragraph (3A) or, where no requirement is imposed by that paragraph, shall”.
I3117
Insert the following new paragraph after regulation 8(3)—
3A
Any respiratory protective equipment provided in pursuance of paragraph (2) or protective clothing provided in pursuance of regulation 11(1) shall comply with this paragraph if it complies with any enactment (whether in an Act or instrument) which implements in Great Britain any provision on design or manufacture with respect to health or safety in any relevant Community directive listed in Schedule 1 to the Personal Protective Equipment at Work Regulations 1992 which is applicable to that item of respiratory protective equipment or protective clothing.
I3218
In regulation 20(2), omit the fullstop and add “and that any provision imposed by the European Communities in respect of the encouragement of improvements in the safety and health of workers at work will be satisfied.”.
PART VIIITHE CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH REGULATIONS 1988
I3319
In regulation 7, after paragraph (3), insert the following new paragraph—
3A
Any personal protective equipment provided by an employer in pursuance of this regulation shall comply with any enactment (whether in an Act or instrument) which implements in Great Britain any provision on design or manufacture with respect to health or safety in any relevant Community directive listed in Schedule 1 to the Personal Protective Equipment at Work Regulations 1992 which is applicable to that item of personal protective equipment.
I3420
In regulation 7, in paragraph (6)(b), insert at the beginning “complies with paragraph (3A) or, where no requirement is imposed by virtue of that paragraph,”.
I3521
In regulation 8(2), after “these regulations”, insert “and shall take all reasonable steps to ensure it is returned after use to any accommodation provided for it”.
PART IXTHE NOISE AT WORK REGULATIONS 1989
I3622
Add the following new paragraph at the end of regulation 8—
3
Any personal ear protectors provided by virtue of this regulation shall comply with any enactment (whether in an Act or instrument) which implements in Great Britain any provision on design or manufacture with respect to health or safety in any relevant Community directive listed in Schedule 1 to the Personal Protective Equipment at Work Regulations 1992 which is applicable to those ear protectors.
PART XTHE CONSTRUCTION (HEAD PROTECTION) REGULATIONS 1989
I3723
Add the following paragraphs at the end of regulation 3—
3
Any head protection provided by virtue of this regulation shall comply with any enactment (whether in an Act or instrument) which implements any provision on design or manufacture with respect to health or safety in any relevant Community directive listed in Schedule 1 to the Personal Protective Equipment at Work Regulations 1992 which is applicable to that head protection.
4
Before choosing head protection, an employer or self-employed person shall make an assessment to determine whether it is suitable.
5
The assessment required by paragraph (4) of this regulation shall involve—
a
the definition of the characteristics which head protection must have in order to be suitable;
b
comparison of the characteristics of the protection available with the characteristics referred to in sub-paragraph (a) of this paragraph.
6
The assessment required by paragraph (4) shall be reviewed if—
a
there is reason to suspect that it is no longer valid; or
b
there has been a significant change in the work to which it relates,
and where as a result of the review changes in the assessment are required, the relevant employer or self-employed person shall make them.
7
Every employer and every self-employed person shall ensure that appropriate accommodation is available for head protection provided by virtue of these Regulations when it is not being used.
I3824
For regulation 6(4), substitute the following paragraph—
4
Every employee or self-employed person who is required to wear suitable head protection by or under these Regulations shall—
a
make full and proper use of it; and
b
take all reasonable steps to return it to the accommodation provided for it after use.
I3925
In regulation 9(2), omit the full stop and add “and that any provision imposed by the European Communities in respect of the encouragement of improvements in the safety and health of workers at work will be satisfied.”.
I41SCHEDULE 3REVOCATIONS
(1) | (2) | (3) |
---|---|---|
Title | Reference | Extent of Revocation |
Regulations dated 26th February 1906 in respect of the processes of spinning and weaving of flax and tow and the processes incidental thereto (the Flax and Tow—Spinning and Weaving Regulations 1906). | S.R. & O. 1906/177, amended by S.I. 1988/1657. | In regulation 9, the words “unless waterproof skirts, and bibs of suitable material, are provided by the occupier and worn by the workers”. Regulation 13. |
Order dated 5th October 1917 (the Tin or Terne Plates Manufacture Welfare Order 1917). | S.R. & O. 1917/1035. | Paragraph 1. |
Order dated 15th August 1919 (the Fruit Preserving Welfare Order 1919). | S.R. & O. 1919/1136, amended by S.I. 1988/1657. | Paragraph 1. |
Order dated 23rd April 1920 (the Laundries Welfare Order 1920). | S.R. & O. 1920/654. | Paragraph 1. |
Order dated 28th July 1920 (the Gut-Scrapping, Tripe Dressing, etc. Welfare Order 1920). | S.R. & O. 1920/1437. | Paragraph 1. |
Order dated 3rd March 1921 (the Glass Bevelling Welfare Order 1921). | S.R. & O. 1921/288. | Paragraph 1. |
The Aerated Water Regulations 1921. | S.R. & O. 1921/1932; amended by S.I. 1981/686. | The whole Regulations. |
The Sacks (Cleaning and Repairing) Welfare Order 1927. | S.R. & O. 1927/860. | Paragraph 1. |
The Oil Cake Welfare Order 1929. | S.R. & O. 1929/534. | Paragraph 1. |
The Cement Works Welfare Order 1930. | S.R. & O. 1930/94. | Paragraph 1. |
The Tanning Welfare Order 1930. | S.R. & O. 1930/312. | Paragraph 1 and the Schedule. |
The Magnesium (Grinding of Castings and Other Articles) Special Regulations 1946. | S.R. & O. 1946/2107. | Regulation 12. |
The Clay Works (Welfare) Special Regulations 1948. | Regulation 5. | |
The Iron and Steel Foundries Regulations 1953. | S.I. 1953/1464; amended by S.I. 1974/1681 and S.I. 1981/1332. | Regulation 8. |
The Shipbuilding and Ship-Repairing Regulations 1960. | S.I. 1960/1932; amended by S.I. 1974/1681. | Regulations 73 and 74. |
The Non-Ferrous Metals (Melting and Founding) Regulations 1962. | S.I. 1962/1667; amended by S.I. 1974/1681. | Regulation 13. |
The Abstract of Special Regulations (Aerated Water) Order 1963. | The whole Order. | |
The Construction (Health and Welfare) Regulations 1966. | S.I. 1966/95; to which there are amendments not relevant to these regulations. | Regulation 15. |
The Foundries (Protective Footwear and Gaiters) Regulations 1971. | The whole Regulations. | |
The Protection of Eyes Regulations 1974. | S.I. 1974/1681; amended by S.I. 1975/303. | The whole Regulations. |
The Aerated Water Regulations (Metrication) Regulations 1981. | The whole Regulations. |
(This note is not part of the Regulations)
Sch. 1 in force at 1.1.1993, see reg. 1