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Personal protective equipment
The Personal Protective Equipment at Work Regulations 1992 (PPE Regulations) require employers to:
• assess risks and select suitable protection;
• ensure all personal protective equipment (PPE) is maintained, cleaned or replaced as appropriate, and kept in efficient working order and in good repair;
• accommodate PPE to protect it from contamination, dirt, loss or damage; and
• inform and train employees about PPE use and maintenance.
The Personal Protective Equipment Regulations 2002, place a duty on any responsible person who sells PPE to comply with certain requirements. The regulations also contain rules about the external organisations allowed to test and certify PPE.
A case at the House of Lords limited the extent of the duty to maintain PPE:
Tanker driver Bryan Fytche was provided with steel-capped safety boots every six months which were designed to protect his feet against injury from heavy, sharp or hard objects. He suffered frostbite in his toe when water got into one of his boots through a tiny hole while he was working outside in extreme weather conditions. The Court of Appeal ruled that the absolute obligation imposed by the regulations to repair and maintain protective equipment applied only to the risks for which the equipment was to provide protection, and not to any other risks which might arise if the equipment was not in an efficient state or in good repair. Later in the year the House of Lords upheld the Court of Appeal ruling.
Fytche v Wincanton Logistics plc [2004] UKHL 31
But in contrast, in a 2011 ruling the High Court decided that employers should provide employees working in damp conditions for prolonged periods with protective clothing, even if there was no expert or other evidence to confirm risk of injury:
John Spalding, a plumber and Unite member employed by the University of East Anglia was asked to fix a leaking radiator in the university library. He had to lie under a desk to access the radiator and since he had not been provided with any waterproof protective clothing or anti-slip mat, he lay on a couple of plastic bin bags to avoid the sodden area surrounding the radiator. As he stood up after finishing the repair, he slipped on the bin bags and fell, striking his face on the nearby desk and suffering serious facial injuries.
The judge agreed with Unite that Mr Spalding should have been supplied with waterproof clothing and a mat to work in damp and wet conditions which could have exposed him to injury or illness and found the university liable. The university appealed, arguing that there was no evidence of risk of injury and that the protective clothing and mat was just for comfort and convenience, as opposed to the risk of personal injury required by the regulations. There was evidence that Mr Spalding and his colleagues had asked for a mat to be provided many times. The judge dismissed the university’s appeal.
Spalding v University of East Anglia [2011] EWHC 1886
Any PPE provided must be suitable. It is unsuitable if it is badly fitted, uncomfortable, puts a strain on wearers or makes the work unnecessarily difficult. Employers must take all reasonable steps to ensure employees use PPE properly. It is not enough just to make PPE available to staff. Employees must use PPE in accordance with training and instructions given. They must also be involved in the selection of PPE, and should be given an informed choice where possible. All PPE must be provided free of charge to workers.
The HSE advises that PPE must be treated as a “last resort”, rather than a quick or cheap method of controlling risks. There may well be a better solution, for example, improving ventilation, changing the way the job is done, or improving guards on machinery. Sometimes PPE will still be needed in addition to other improvements (see examples in Chapter 6: Hazardous substances).
PPE is not suitable unless the period for which it is worn is considered, and the characteristics of the workstation of each person are taken into account. The HSE also states that, in the interests of hygiene, PPE should be provided for use only by the person at risk.
Employers must make information available to employees on the risks controlled by PPE, and on any actions taken to ensure the equipment is in good working order.
Employers must organise demonstrations showing how to wear PPE “where appropriate, and at suitable intervals”.