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3. In regulation 23(1), after “that respiratory protective equipment”, there shall be inserted “complies with paragraph (1A) or, where no requirement is imposed by that paragraph.”.
4. After regulation 23(1), there shall be inserted—
“(1A) For the purposes of paragraph (1), personal protective equipment complies with this paragraph if it complies with any statutory provision which implements in Northern Ireland any provision on design or manufacture with respect to health and safety in any relevant Community Directive (Northern Ireland) 1993 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)The definition of the characteristics necessary to comply with regulation 6(3), and
(b)a comparison of the characteristics of available personal protective equipment with the characteristics referred to in sub-paragraph (a).
(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(a)there is reason to suspect that it is no longer valid; or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.”.
5. At the end of regulation 23 there shall be inserted—
“(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 after use to the accommodation provided for it.”.
S.R. 1985 No. 273
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