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(a)there is reason to suspect that it is no longer valid; or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.”.