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The Personal Protective Equipment at Work ( Amendment) Regulations 2022

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The Personal Protective Equipment at Work ( Amendment) Regulations 2022

Post by Waterbaby »

../.

"This instrument will amend the Personal Protective Equipment at Work Regulations 1992 (“the PPER 1992”) to extend employers’ and employees’ duties in respect of Personal Protective Equipment (“PPE”) to a wider group of workers, defined to include those who have more casual employment relationships than employees"

.....

" Guidance will be published in January 2022 on the HSE website and a HSE e-bulletin will be sent to inform over 200,000 key stakeholders that updated guidance for the Personal Protective Equipment at Work (Amendment) Regulations 2022 is available in advance of this instrument coming into force on 6 April 2022."


https://www.legislation.gov.uk/uksi/202 ... 008_en.pdf

https://www.hse.gov.uk/ppe/index.htm

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Re: The Personal Protective Equipment at Work ( Amendment) Regulations 2022

Post by Alexis »

Thank you Waterbaby.
Long overdue in my view.
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Re: The Personal Protective Equipment at Work ( Amendment) Regulations 2022

Post by Safe&Sound »

Bit of a debate going on with this with one of my clients who use agency workers for the season. Are they classed as Limb (A) or (B) workers and who should be purchasing the agency workers PPE.

It is my understanding the Employer pays for them rather than the agency as it's the employers risk and they should know the correct level of PPE required. They'd also have more control of monitoring and maintaining the PPE.
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Re: The Personal Protective Equipment at Work ( Amendment) Regulations 2022

Post by Blackstone »

Sounds reasonable S&S.

Must say i've not followed this update closely, nor have i fully read the update yet but the Limb A/B terminology seams a bit strange.

There's probably a perfectly sensible reason why different working group are called Limb A and B :?
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Re: The Personal Protective Equipment at Work ( Amendment) Regulations 2022

Post by ScottD »

If your company policy specifies that all contractors must wear x.y.z which is the same requirements of your workforce then surely A. It is up to the contractor to supply and B. You can refuse them entry if they are not wearing it all.
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Re: The Personal Protective Equipment at Work ( Amendment) Regulations 2022

Post by RPN_MSC »

Thanks for highlighting this.

Just to make sure that I have read the legalisation correctly; if a charity was asking volunteers to organise and run events the charity would not have a legal obligation to supply the PPE that the charity recommends for the task would it?
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Re: The Personal Protective Equipment at Work ( Amendment) Regulations 2022

Post by stephen1974 »

Safe&Sound wrote: Thu Feb 17, 2022 2:57 pm Bit of a debate going on with this with one of my clients who use agency workers for the season. Are they classed as Limb (A) or (B) workers and who should be purchasing the agency workers PPE.

It is my understanding the Employer pays for them rather than the agency as it's the employers risk and they should know the correct level of PPE required. They'd also have more control of monitoring and maintaining the PPE.
Interesting issue.

I think it comes down to the role the agency is playing.
Some may just be supplying staff. They will get on the phone, call bob, say "bob, your working at point A today, be there by 8". In that situation the agency probably has no clue what PPE is needed and doesn't have the chance to source and supply it to Bob before he starts.

Others may operate more like contractors. Such a cleaning agency. Their staff know the job, they know the PPE they need and as its a regular thing they do, the agency can source and supply PPE.

Legally? IMO, it must be the overall employer who bares responsibility as you can't let people work unsafely, regardless of who they work for. So if necessary you have to stop people working. Even if you saw a contractor not using PPE on your site, you should shut them down.

In this case I think it's down to the Employer and the Agency to reach an agreement within their SLA as to who supplies it before work starts. The Agency may say, we don't do that, in which case, you either find someone who will, or, you supply it yourselves, but ultimately, imo, its those in charge of where the work takes place that carry ultimate responsibility and cant palm it off on to others.
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Re: The Personal Protective Equipment at Work ( Amendment) Regulations 2022

Post by Juan Carlos »

I am of the opinion that if you employ casual workers through an agency, then the provision of PPE although ultimately the responsibility of the employer (and to ensure enforcement) is down to the contract with the agency.

The employer might provide information to the agency on the PPE they need to provide for the work at hand and then the agency supplies. I suppose this would be taken into consideration for the agency to set their rates.
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Re: The Personal Protective Equipment at Work ( Amendment) Regulations 2022

Post by Alexis »

Juan Carlos wrote: Fri Feb 25, 2022 10:38 am I am of the opinion that if you employ casual workers through an agency, then the provision of PPE although ultimately the responsibility of the employer (and to ensure enforcement) is down to the contract with the agency.

The employer might provide information to the agency on the PPE they need to provide for the work at hand and then the agency supplies. I suppose this would be taken into consideration for the agency to set their rates.
Hey Juan Carlos. :wave: Hope all is well with you.

If my memory serves me correctly, I think this used to be the case with agencies and was stopped due to PPE not being returned.

Albeit I would agree with you, that it is a good idea, I suppose with the way Agency job roles seem to be very short-lived nowadays, either through putting the wrong people into the wrong jobs, or people not wanting the poorly paid positions and not turning up after a couple of days, it would be very difficult and potentially costly to keep a trace on whom had what PPE.

I also do remember a long time ago that the Agency individuals had to have their own PPE before they were even put into some jobs.
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