The Personal Protective Equipment at Work (Amendment) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Personal Protective Equipment at Work Regulations 1992 (“PPER 1992”) to extend the duties contained in regulations 4 to 11 of the PPER 1992 from employees to workers, and to update cross-references to other legislation.

Regulation 3 of these Regulations substitutes a new interpretation provision, including a new definition of worker.

Regulation 4 makes amendments to update references to legislation referred to in regulation 4 of the PPER 1992.

Regulation 5 insets a new regulation 3A into the PPER 1992. Regulation 3A modifies the duty contained in section 9 of the Health and Safety at Work etc. Act 1974 (“HSWA”) for employers not to charge employees for things done in pursuance of a relevant statutory provision, to apply that duty to workers for the purposes of the PPER 1992. Further, regulation 3A extends the meaning of “work” and related expressions in section 52 of HSWA for the purpose of the PPE at Work Regulations to apply the meaning to workers.

Regulation 6 makes textual amendments to ensure all duties contained in the PPER 1992 apply to an employer of a worker and a worker.

Regulation 7 updates the reference to the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order contained in regulation 13 of the PPER 1992.

Regulation 8 of these Regulations imposes a requirement on the Secretary of State to undertake a review of these Regulations at least every 5 years from these Regulations coming into force as required by section 28 of the Small Business, Enterprise and Employment Act 2015.

A full impact assessment of the effect of these Regulations on the costs to business is available from the Health and Safety Executive, HSE PPE Policy team, Redgrave Court, Merton Road, Bootle, Merseyside, L20 7HS and is published alongside the Explanatory Memorandum on legislation.gov.uk.