Personal Protective Equipment at Work Regulations 1992

Publication Date:January 01, 1992

1992No. 2966

HEALTH AND SAFETY

The Personal Protective Equipment at Work Regulations 1992

25thNovember1992

2ndDecember1992

1stJanuary1993

ARRANGEMENT OF REGULATIONS

1. Citation and commencement

2. Interpretation

3. Disapplication of these Regulations

4. Provision of personal protective equipment

5. Compatibility of personal protective equipment

6. Assessment of personal protective equipment

7. Maintenance and replacement of personal protective equipment

8. Accommodation for personal protective equipment

9. Information, instruction and training

10. Use of personal protective equipment

11. Reporting loss or defect

12. Exemption certificates

13. Extension outside Great Britain

14. Modifications, repeal and revocations directive

Schedule 1 Relevant Community directive

Schedule 2 Modifications

Part I

Factories Act 1961

Part II

The Coal and Other Mines (Fire and Rescue) Order 1956

Part III

The Shipbuilding and Ship-Repairing Regulations 1960

Part IV

The Coal Mines (Respirable Dust) Regulations 1975

Part V

The Control of Lead at Work Regulations 1980

Part VI

The Ionising Radiations Regulations 1985

Part VII

The Control of Asbestos at Work Regulations 1987

Part VIII

The Control of Substances Hazardous to Health Regulations 1988

Part IX

Thr Noise at Work Regulations 1989

Part X

The Construction (Head Protection) Regulations 1989

Schedule 3 Revocations

The Secretary of State, in exercise of the powers conferred upon her by sections 15(1), (2), (3)(a) and (b), (5)(b) and (9) of, and paragraphs 11 and 14 of Schedule 3 to the Health and Safety at Work etc. Act 1974 ( a) , and of all other powers enabling her in that behalf and for the purpose of giving effect without modifications to proposals submitted to her by the Health and Safety Commission under section 11(2)(d) of the said Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Personal Protective Equipment at Work Regulations 1992 and shall come into force on 1st January 1993.

Interpretation

2.-(1) In these Regulations, unless the context otherwise requires "personal protective equipment " means all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects him against one or more risks to his health or safety, and any addition or accessory designed to meet that objective.

(2) Any reference in these Regulations to-

(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.

Disapplication of these Regulations

3.-(1) These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of the normal ship-board activities of a ship's crew under the direction of the master.

(2) Regulations 4 to 12 shall not apply in respect of personal protective equipment which is-

(a) ordinary working clothes and uniforms which do not specifically protect the health and safety of the wearer;(b) an offensive weapon within the meaning of section 1(4) of the Prevention of Crime Act 1953 ( b) used as self-defence or as deterrent equipment;(c) portable devices for detecting and signalling risks and nuisances;(d) personal protective equipment used for protection while travelling on a road within the meaning (in England and Wales) of section 192(1) of the Road Traffic Act 1988 ( c) , and (in Scotland) of section 151 of the Roads (Scotland) Act 1984 ( d) ;(e) equipment used during the playing of competitive sports.

(a) 1974 c.37; sections 15 and 50 were amended by the Employment Protection Act 1975 (c.71), Schedule 15, paragraphs 6 and 16 respectively.

(b) 1953 c.14.

(c) 1988 c.52.

(d) 1984 c.54.

(3) Regulations 4 and 6 to 12 shall not apply where any of the following Regulations apply and in respect of any risk to a person's health or safety for which any of them require the provision or use of personal protective equipment, namely-

(a) the Control of Lead at Work Regulations 1980 ( a) ;(b) the Ionising Radiations Regulations 1985 ( b) ;(c) the Control of Asbestos at Work Regulations 1987 ( c) ;(d) the Control of Substances Hazardous to Health Regulations 1988 ( d) ;(e) the Noise at Work Regulations 1989 ( e) ;(f) the Construction (Head Protection) Regulation 1989 ( f) .

Provision of personal protective equipment

4.-(1) Every employer shall ensure that suitable personal protective equipment is provided to his employees who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.

(2) Every self-employed person shall ensure that he is provided with suitable personal protective equipment where he may be exposed to a risk to his health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.

(3) Without prejudice to the generality of paragraphs (1) and (2), personal protective equipment shall not be suitable unless-

(a) it is appropriate for the risk or risks involved and the conditions at the place where exposure to the risk may occur;(b) it takes account of ergonomic requirements and the state of health of the person or persons who may wear it;(c) it is capable of fitting the wearer correctly, if necessary, after adjustments within the range for which it is designed;(d) so far as is practicable, it is effective to prevent or adequately control the risk or risks involved without increasing overall risk;(e) 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 which is applicable to that item of personal protective equipment.

Compatibility of personal protective equipment

5.-(1) Every employer shall ensure that where the presence of more than one risk to health or safety makes it necessary for his employee to wear or use simultaneously more than one item of personal protective equipment, such equipment is compatible and continues to be effective against the risk or risks in question.

(2) Every self-employed person shall ensure that where the presence of more than one risk to health or safety makes it necessary for him to wear or use simultaneously more than one item of personal protective equipment, such equipment is compatible and continues to be effective against the risk or risks in question.

Assessment of personal protective equipment

6.-(1) Before choosing any personal protective equipment which by virtue of regulation 4 he is required to ensure is provided, an employer or self-employed person shall ensure that an assessment is made to determine whether the personal protective equipment he intends will be provided is suitable.

(a) S.I. 1980/1248.

(b) S.I. 1985/1333.

(c) S.I. 1987/2115; amended by S.I. 1988/712.

(d) S.I. 1988/1657; amended by S.I. 1990/2026 and S.I. 1992/2382.

(e) S.I. 1989/1790.

(f) S.I. 1989/2209.

(2) The assessment required by paragraph (1) shall include-

(a) an assessment of any risk or risks to health or safety which have not been avoided by other means;(b) the definition of the characteristics which personal protective equipment must have in order to be effective against the risks referred to in sub-paragraph (a) of this paragraph, taking into account any risks which the equipment itself may create;(c) comparison of the characteristics of the personal protective equipment available with the characteristics referred to in sub-paragraph (b) of this paragraph.

(3) Every employer or self-employed person who is required by paragraph (1) to ensure that any assessment is made shall ensure that any such assessment is reviewed if-

(a) there is reason to suspect that it is no longer valid; or(b) there has been a significant change in the matters to which it relates,

and where as a result of any such review changes in the assessment are required, the relevant employer or self-employed person shall ensure that they are made.

Maintenance and replacement of personal protective equipment

7.-(1) Every employer shall ensure that any personal protective equipment provided to his employees is maintained (including replaced or cleaned as appropriate) in an efficient state, in efficient working order and in good repair.

(2) Every self-employed person shall ensure that any personal protective equipment provided to him is maintained (including replaced or cleaned as appropriate) in an efficient state, in efficient working order and in good repair.

Accommodation for personal protective equipment

8. Where an employer or self-employed person is required, by virtue of regulation 4, to ensure personal protective equipment is provided, he shall also ensure that appropriate accommodation is provided for that personal protective equipment when it is not being used.

Information, instruction and training

9.-(1) Where an employer is required to ensure that personal protective equipment is provided to an employee, the employer shall also ensure that the employee is provided with such information, instruction and training as is adequate and appropriate to enable the employee to know-

(a) the risk or risks which the personal protective equipment will avoid or limit;(b) the purpose for which and the manner in which personal protective equipment is to be used; and(c) any action to be taken by the employee to ensure that the personal protective equipment remains in an efficient state, in efficient working order and in good repair as required by regulation...

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