Citation and commencement

1.  These Regulations may be cited as the Personal Protective Equipment at Work Regulations 1992 and shall come into force on 1st January 1993.

Interpretation

2.—(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 Regulations

3.—(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 1953(2) used as self-defence or as deterrent equipment;

(c)portable devices for detecting and signalling risks and nuisances;

(d)personal protective equipment used for protection while travelling on a road within the meaning (in England and Wales) of section 192(1) of the Road Traffic Act 1988(3), and (in Scotland) of section 151 of the Roads (Scotland) Act 1984(4);

(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 1980(5);

(b)the Ionising Radiations Regulations 1985(6);

(c)the Control of Asbestos at Work Regulations 1987(7);

(d)the Control of Substances Hazardous to Health Regulations 1988(8);

(e)the Noise at Work Regulations 1989(9);

(f)the Construction (Head Protection) Regulation 1989(10).

Provision of personal protective equipment

4.—(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 equipment

5.—(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 equipment

6.—(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 equipment

7.—(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 equipment

8.  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 training

9.—(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 equipment

10.—(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 defect

11.  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 certificates

12.—(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 1952(11);

(b)“headquarters” has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965(12);

(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 1964(13); 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 Britain

13.  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 1989(14) as they apply within Great Britain.

Modifications, repeal and revocations

14.—(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.

Regulation 4(3)(e)

SCHEDULE 1RELEVANT COMMUNITY DIRECTIVE

Council Directive of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (89/686/EEC)(15).

Regulation 14(1)

SCHEDULE 2MODIFICATIONS

PART ITHE FACTORIES ACT 1961(16)

1.  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 1956(17)

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

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”.

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”.

PART IIITHE 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”.

PART IVTHE COAL MINES (RESPIRABLE DUST) REGULATIONS 1975(18)

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”.

PART VTHE CONTROL OF LEAD AT WORK REGULATIONS 1980

7.  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,”.

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”.

9.  After regulation 8, insert the following new regulations—

“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.”.

10.  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.”.

11.  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.”

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.”.

PART VITHE IONISING RADIATIONS REGULATIONS 1985

13.  In regulation 23(1), after “that respiratory protective equipment”, insert “complies with paragraph (1A) or, where no requirement is imposed by that paragraph,”.

14.  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.”.

15.  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

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”.

17.  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.”.

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.”.

PART VIIITHE CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH REGULATIONS 1988

19.  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.”.

20.  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,”.

21.  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

22.  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

23.  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.”.

24.  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.”.

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.”.

Regulation 14(3)

SCHEDULE 3REVOCATIONS

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations impose health and safety requirements with respect to the provision for, and use by, persons at work of personal protective equipment. Personal protective equipment is defined in regulation 2(1) and certain types of such equipment are excluded from the application of regulations 4 to 12 by regulation 3(2).

2.  The Regulations do not apply in relation to sea transport (regulation 3(1)). With that exception, the Regulations, together with the existing Regulations listed in regulation 3(3) (which are modified by Parts V to X of Schedule 2), give effect as respects Great Britain to Council Directive 89/656/EEC (OJ No. L 393, 30.12.89, p. 18) on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace.

3.  Regulations 4 and 6 to 12 do not apply in respect of risks to health and safety for which personal protective equipment is required by specified existing Regulations (regulation 3(3)).

4.  The Regulations require employers to ensure suitable personal protective equip ment is provided for their employees and also require self-employed persons to ensure suitable personal protective equipment is provided for themselves. The circumstances in which personal protective equipment must be provided and minimum conditions of what is “suitable” are specified (regulation 4).

5.  The Regulations also impose requirements with respect to—

(a)compatibility of items of personal protective equipment where it is necessary to wear or use more than one item simultaneously (regulation 5);

(b)the making, review and changing of assessments in relation to the choice of personal protective equipment (regulation 6);

(c)the maintenance (including replacement and cleaning as appropriate) of personal protective equipment (regulation 7);

(d)the provision of accommodation for personal protective equipment (regulation 8);

(e)the provision of information, instruction and training (regulation 9); and

(f)ensuring personal protective equipment is used (regulation 10(1)).

6.  Requirements are imposed on employees and self-employed persons in respect of the use of personal protective equipment and in respect of returning it to accommodation provided for it (regulation 10(2) to (4)). Employees are also required to report to their employer the loss of or any obvious defect in personal protective equipment (regulation 11).

7.  The Secretary of State for Defence may grant exemptions from the Regulations in the interests of national security (regulation 12).

8.  The Regulations extend to and in relation to certain premises and activities outside Great Britain (regulation 13).

9.  Certain existing provisions relating to personal protective equipment are modified (Schedule 2). Provisions replaced by these Regulations are repealed or revoked (regulation 14(2) and Schedule 3).