PPE to become essential, even for “limb (b) workers”
In our series of Legislation Changes in 2022 blogs by our Kickstart Marketing Assistant, Joanna, we’ll look at how legislative changes planned for this year could impact your business. Whilst many of us may be hoping for “business as usual” at some point this year, we also need to consider the legislative changes planned for 2022 and where you may need to make changes to how you conduct your business.
Personal Protective Equipment (PPE)
Do you provide subcontractors or agency workers (limb (b) workers)* with Personal Protective Equipment?
As we all know, COVID-19 has completely changed the world, work and leisure has not been the same since. The pandemic affected non-essential workers as much as it did essential workers, even those who were subcontracted or hired through an agency.
Before 2022, it was not a legal requirement for companies to supply Personal Protective Equipment (PPE) to subcontractors or agency workers but the Independent Workers’ Union of Great Britain warned of COVID-19’s impact on ‘gig economy’ workers such as parcel couriers thus leading to this change in legislation.
From the 6th of April 2022 the amendment for Personal Protective Equipment at Work Regulations 2022 (‘the PPER 2022’) comes into force. This extends this duty also to limb (b) workers. Currently they do not come under the scope of PPER 1992.
The Personal Protective Equipment at Work Regulations 1992 place a duty on every employer in Great Britain to make sure that applicable PPE is provided to workers who may be exposed to a risk to their health and safety while at work.
If PPE is required, employers must ensure their workers have the correct training, information and instruction on the use of that PPE.
A limb (b) worker will have a duty to use the PPE in accordance with their training and instruction and ensure it is returned to the storage area provided by the company of whom they are sub-contracting.
The HSE has prepared interim guidance to help employers identify whether they and their workforce may be impacted by the changes and explains what employers may need to do to prepare for them.
For more guidance on Personal Protective Equipment, go to the H&S A-Z.
Take a look at our other blogs in the series about the use of Handheld Devices and Display Screen Equipment.
Talbot Jones Ltd is a family-run chartered insurance heritage specialist in the Third Sector and Professional risks. Get in touch for free insurance advice, review or quotation.
* Can be understood as a ‘dependent contractor’. A ‘worker’ is registered as self-employed but provides a service as part of someone else’s business. They generally must carry out the work personally, rather than being able to send someone in their place.
