Regulation 4(3)(e)

[F1 SCHEDULE 1 E+W+S RELEVANT COMMUNITY DIRECTIVES

Textual Amendments

F1 Sch. 1 substituted (1.1.1995) by The Medical Devices Regulations 1994 (S.I. 1994/3017), regs. 1(b), 25

Modifications etc. (not altering text)

C1 Sch. 1 modified (1.1.1995) by The Personal Protective Equipment (EC Directive) (Amendment) Regulations 1994 (S.I. 1994/2326), regs. 1(3), 3(1)

C2 Sch. 1 modified (1.1.1997) by The Personal Protective Equipment (EC Directive) (Amendment) Regulations 1996 (S.I. 1996/3039), regs. 1, 2(1)

1.   Council Directive 89/686/EEC on the approximation of the laws of the member States relating to personal protective equipment (OJNo. L399, 30.12.89, p.18). E+W+S

2.   Council Directive 93/42/EEC concerning medical devices (OJNo. L169, 12.7.93, p.1).] E+W+S

Regulation 14(1)

SCHEDULE 2 E+W+S MODIFICATIONS

PART I E+W+S THE FACTORIES ACT 1961(1)

1.  In section 30(6), for “breathing apparatus of a type approved by the chief inspector”, substitute “suitable breathing apparatus”. E+W+S

Commencement Information

I1 Sch. 2 para. 1 in force at 1.1.1993, see reg. 1

PART II E+W+S THE COAL AND OTHER MINES (FIRE AND RESCUE) ORDER 1956(2)

2.  In Schedule 1, in regulation 23(a), for “breathing apparatus of a type approved by the Minister”, substitute “suitable breathing apparatus”. E+W+S

Commencement Information

I2 Sch. 2 para. 2 in force at 1.1.1993, see reg. 1

3.  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”. E+W+S

Commencement Information

I3 Sch. 2 para. 3 in force at 1.1.1993, see reg. 1

4.  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”. E+W+S

Commencement Information

I4 Sch. 2 para. 4 in force at 1.1.1993, see reg. 1

PART III E+W+S THE SHIPBUILDING AND SHIP-REPAIRING REGULATIONS 1960

5.  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”. E+W+S

Commencement Information

I5 Sch. 2 para. 5 in force at 1.1.1993, see reg. 1

PART IV E+W+S THE COAL MINES (RESPIRABLE DUST) REGULATIONS 1975(3)

6.  In regulation 10(a), for “dust respirators of a type approved by the Executive for the purpose of this Regulation”, substitute “suitable dust respirators”. E+W+S

Commencement Information

I6 Sch. 2 para. 6 in force at 1.1.1993, see reg. 1

PART V E+W+S THE CONTROL OF LEAD AT WORK REGULATIONS 1980

7.  In regulation 7— E+W+S

(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,”.

Commencement Information

I7 Sch. 2 para. 7 in force at 1.1.1993, see reg. 1

8.  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”. E+W+S

Commencement Information

I8 Sch. 2 para. 8 in force at 1.1.1993, see reg. 1

9.  After regulation 8, insert the following new regulations— E+W+S

“Compliance with relevant Community directives

8A.   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 clothing

8B.— (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.”.

Commencement Information

I9 Sch. 2 para. 9 in force at 1.1.1993, see reg. 1

10.  In regulation 9, for sub-paragraph (b), substitute the following sub-paragraph— E+W+S

“(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.”.

Commencement Information

I10 Sch. 2 para. 10 in force at 1.1.1993, see reg. 1

11.  At the end of regulation 13, add the following new paragraph— E+W+S

“(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.”

Commencement Information

I11 Sch. 2 para. 11 in force at 1.1.1993, see reg. 1

12.  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.”. E+W+S

Commencement Information

I12 Sch. 2 para. 12 in force at 1.1.1993, see reg. 1

F2 PART VI E+W+S THE IONISING RADIATIONS REGULATIONS 1985

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 2 Pt. 6 revoked (1.1.2000) by The Ionising Radiations Regulations 1999 (S.I. 1999/3232), regs. 1(a), 41(2)(c) (with reg. 3)

PART VII E+W+S THE CONTROL OF ASBESTOS AT WORK REGULATIONS 1987

16.  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”. E+W+S

Commencement Information

I13 Sch. 2 para. 16 in force at 1.1.1993, see reg. 1

17.  Insert the following new paragraph after regulation 8(3)— E+W+S

“(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.”.

Commencement Information

I14 Sch. 2 para. 17 in force at 1.1.1993, see reg. 1

18.  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.”. E+W+S

Commencement Information

I15 Sch. 2 para. 18 in force at 1.1.1993, see reg. 1

PART VIII E+W+S THE CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH REGULATIONS 1988

F3 19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F3 Sch. 2 para. 19 revoked (16.1.1995) by The Control of Substances Hazardous to Health Regulations 1994 (S.I. 1994/3246), regs. 1, 18(1)

F4 20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F4 Sch. 2 para. 20 revoked (16.1.1995) by The Control of Substances Hazardous to Health Regulations 1994 (S.I. 1994/3246), regs. 1, 18(1)

F5 21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F5 Sch. 2 para. 21 revoked (16.1.1995) by The Control of Substances Hazardous to Health Regulations 1994 (S.I. 1994/3246), regs. 1, 18(1)

PART IX E+W+S THE NOISE AT WORK REGULATIONS 1989

22.   [F6 Add the following new paragraph at the end of regulation 8— E+W+S

“(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.”.]

Textual Amendments

F6 Sch. 2 Pt. 9 revoked (6.4.2006 for specified purposes, 6.4.2008 in so far as not already in force) by The Control of Noise at Work Regulations 2005 (S.I. 2005/1643), regs. 1, 15(3), Sch. 3 (with reg. 3(3)(4))

Commencement Information

I16 Sch. 2 para. 22 in force at 1.1.1993, see reg. 1

PART X E+W+S THE CONSTRUCTION (HEAD PROTECTION) REGULATIONS 1989

23.  Add the following paragraphs at the end of regulation 3— E+W+S

“(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.”.

Commencement Information

I17 Sch. 2 para. 23 in force at 1.1.1993, see reg. 1

24.  For regulation 6(4), substitute the following paragraph— E+W+S

“(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.”.

Commencement Information

I18 Sch. 2 para. 24 in force at 1.1.1993, see reg. 1

25.  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.”. E+W+S

Commencement Information

I19 Sch. 2 para. 25 in force at 1.1.1993, see reg. 1

Regulation 14(3)

SCHEDULE 3 E+W+S REVOCATIONS

Commencement Information

I20 Sch. 3 in force at 1.1.1993, see reg. 1

(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.	S.I. 1948/1547.	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.	S.I. 1963/2058.	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.	S.I. 1971/476.	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.	S.I. 1981/686.	The whole Regulations.

(1)

1961 c. 34; in section 30(6), by virtue of S.I. 1974/1941, references to the chief inspector are to be construed as references to an inspector appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974 who is authorised to act for the purposes of the provision in question.

(2)

S.I. 1956/1768; to which there are amendments not relevant to these Regulations.

(3)

S.I. 1975/1433; to which there are amendments not relevant to these Regulations.