The Personal Protective Equipment Regulations 2002

General duty of placing on the market of PPE

8.—(1) Subject to regulation 9, no person who is a responsible person shall place on the market any PPE unless the requirements of paragraph (2) have been complied with in relation thereto.

(2) The requirements of this paragraph are that—

(a) it satisfies the basic health and safety requirements which are applicable to that class or type of PPE and, for the purpose of satisfying those requirements where a transposed harmonised standard covers one or more of the basic health and safety requirements, PPE which conforms to that standard shall be presumed to comply with that or, as the case may be, those basic health and safety requirements;

(b) the appropriate conformity assessment procedure, in accordance with regulation 11, has been carried out—

(i) by the manufacturer; or

(ii) where permitted by procedure, by the manufacturer’s authorised representative established in the Community,

save that where the person placing the PPE on the market is neither the manufacturer nor his authorised representative established in the Community the obligation to retain the technical documentation required by the appropriate conformity assessment procedure shall be fulfilled by the person who places that PPE on the market;

(c) the CE marking has been affixed to it by the manufacturer or his authorised representative in accordance with regulation 12 and Schedule 4 hereto to indicate that it conforms with all the provisions of the PPE Directive that apply to it including the appropriate conformity assessment procedure and regulation 12 and Schedule 4 shall have effect for that purpose; and

(d) when properly maintained and used for its intended purpose it does not compromise the safety of individuals, domestic animals or property.