Under the Personal Protective Equipment at Work Regulations 1992, an employer must provide suitable PPE, free of charge, to every worker exposed to a risk that has not been adequately controlled another way. The employer must also assess it, maintain and replace it, provide storage, train people to use it and take all reasonable steps to see that it is used.
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What the PPE regulations are
When people say "the PPE regulations" they nearly always mean the Personal Protective Equipment at Work Regulations 1992. They apply across Great Britain. They were amended by the Personal Protective Equipment at Work (Amendment) Regulations 2022, which came into force on 6 April 2022. The 2022 change did not add new duties. It widened the group of people the existing duties protect.
The regulations define PPE as all equipment, including clothing that protects against the weather, which is intended to be worn or held by a person at work and which protects them against one or more risks to their health or safety. Hard hats, safety boots, gloves, goggles, hi-vis jackets and harnesses all count.
Some things fall outside them:
- Ordinary working clothes and uniforms that do not specifically protect the wearer's health and safety.
- Protective equipment used while travelling on a road, such as a motorcycle helmet. Road traffic law deals with that.
- PPE for hazards that have their own regulations: lead, ionising radiation, asbestos, noise and substances hazardous to health (COSHH). HSE's guidance is that hearing protectors and most respirators are provided under those regulations instead, although they must still be compatible with any other PPE worn with them.
PPE is the last resort
The duty to provide PPE applies only where a risk has not been adequately controlled by other means that are equally or more effective. That wording is in regulation 4, and it is why HSE describes PPE as the last resort.
The reason is practical. A guard on a saw protects everyone near it, all day. A pair of goggles protects one person, only while they are worn, and only if they fit. HSE's guidance is to consider controls in this order, from most effective to least:
- Elimination: physically remove the hazard.
- Substitution: replace the hazard.
- Engineering controls: isolate people from the hazard.
- Administrative controls: change the way people work.
- PPE: protect the worker with equipment.
Your risk assessment is where this decision is made (our guide to health and safety for small businesses covers how to do one). If it shows that a risk remains after the other controls are in place, PPE is needed for that risk, and the duties below apply.
What employers must do
The regulations set seven duties for employers. Each is a "must".
| Duty | Regulation | What it means |
|---|---|---|
| Provide suitable PPE | 4 | To every worker who may be exposed to a risk to their health or safety at work that is not adequately controlled another way. |
| Make sure items work together | 5 | Where more than one item has to be worn at once, the items must be compatible and each must still be effective. HSE's example is safety glasses breaking the seal of a respirator. |
| Assess before choosing | 6 | Identify the risks not avoided by other means, decide what the PPE has to be able to do, and compare what is available against that. Review the assessment if it is no longer valid or the work changes significantly. |
| Maintain and replace | 7 | Keep PPE in an efficient state, in efficient working order and in good repair. The regulation says this includes replacing or cleaning it as appropriate. |
| Provide storage | 8 | Appropriate accommodation for the PPE when it is not being used. |
| Inform, instruct and train | 9 | The worker must know what risks the PPE protects against, what it is for, how to use it and what they must do to keep it in good order. The information has to be understandable to the people given it, and where appropriate you must organise demonstrations in wearing it. |
| See that it is used | 10(1) | Take all reasonable steps to make sure the PPE you provide is properly used. |
What makes PPE "suitable"
Regulation 4 says PPE is not suitable unless it meets all of these:
- It is appropriate for the risk, for the conditions where the work is done and for the length of time it is worn.
- It takes account of ergonomic requirements, the state of health of the person wearing it and the characteristics of their workstation.
- It can fit the wearer correctly, if necessary after adjustment within the range it was designed for.
- So far as is practicable, it controls the risk without increasing the overall risk.
- It complies with the law on the design and manufacture of that item.
Fit is the one most often missed. HSE's guidance is to consider the size, fit, compatibility and weight of the PPE and the physical characteristics of the person, and it says that modifying PPE to make it fit is not acceptable. One size of glove or harness for a whole team will not meet this. Where hygiene requires it, an item must be provided for one person's use only.
Involve the people who will wear it. HSE's advice is that workers who help choose their PPE are more likely to understand why it matters and to use it. If something is not being worn, find out why before assuming it is carelessness. It is often fit, comfort or a clash with another item.
Who pays for PPE
The employer does. Section 9 of the Health and Safety at Work etc. Act 1974 says that no employer may charge an employee for anything done or provided to meet a specific requirement of health and safety law. PPE required by the regulations is such a thing. Regulation 3A, added in 2022, applies the same rule to every worker the regulations cover.
HSE's guidance on the regulations (L25) spells out how far this goes. An employer cannot ask a worker for money for PPE, "whether returnable or otherwise". The ban on charging also covers storing the PPE, maintaining and replacing it, cleaning it, and the training that goes with it.
What workers must do
The regulations put three duties on the person wearing the PPE:
- Use it in line with the training and instructions they have been given (regulation 10).
- Take all reasonable steps to return it to its storage place after use (regulation 10).
- Report any loss or obvious defect to the employer straight away (regulation 11).
These only work if you have done your part first. A worker cannot follow training that was never given, or return PPE to a storage place that does not exist.
What changed on 6 April 2022
Before that date the regulations protected employees: people with a contract of employment. The 2022 amendment replaced "employee" with "worker" throughout, and a worker is defined in two parts. Part (a) is someone with a contract of employment. Part (b) is someone who works under any other contract, written or unwritten, to do work personally for another party who is not their client or customer. The second group are the "limb (b) workers" you will see mentioned.
In plain words, a limb (b) worker is a casual worker who is not an employee and is not running their own business either. HSE's guidance on the 2022 change says that workers in this group generally:
- carry out casual or irregular work for one or more organisations;
- only carry out work if they choose to;
- have a contract or other arrangement to do the work personally for a reward, with only a limited right to send someone else in their place;
- are not in business for themselves.
If you use casual, zero-hours or "as required" labour, this probably describes some of your people. For them you now have the same PPE duties as for an employee: assess, provide free of charge, maintain, store, train. HSE's guidance is that there should be no difference in the way PPE is provided between the two groups. Limb (b) workers in turn have the same duties to use the PPE properly and report defects.
The change does not apply to people who are self-employed in their own business. HSE notes that the exact status of any individual can ultimately only be decided by a court or tribunal, so if you are unsure, treating the person as a worker for PPE purposes is the safe course.
Visitors and volunteers are not workers under the regulations. HSE's guidance points out that your general duty to people who are not your employees still applies to them, and that the usual way to meet it is to keep a stock of hard hats, hi-vis and similar items for visitors.
Buying PPE: UKCA and CE marking
A separate set of rules covers the supply of PPE, and they are aimed mainly at manufacturers, importers and distributors. What matters to you as a buyer is short. HSE's guidance says that most new PPE placed on the market in Great Britain must be UKCA or CE marked and supplied with a declaration of conformity and instructions in English. Regulation 4 says PPE is not suitable unless it complies with those rules, so PPE without the marking will not meet your own duty either.
HSE also says PPE must only be used in line with the manufacturer's instructions. Keep the instructions that come in the box. They tell you how to check the item, how to clean it and when to replace it.
Records and enforcement
The regulations do not require a particular form or register. HSE's guidance is that in the simplest and most obvious cases the suitability assessment does not have to be written down, and that in more complex cases it should be recorded and kept where it can be found at the next review. It also recommends keeping training records, and putting in writing who is responsible for maintenance and how often it is done.
In practice a small firm needs three things on file: what PPE each job requires, a PPE register showing what has been issued and checked, and a record of the instruction given. PPE instruction is part of the training the law requires, so keep it with your other training records.
HSE inspectors look at PPE as part of routine inspections. HSE describes the enforcement action open to them as ranging from verbal or written advice to enforcement notices and, in the most serious cases, prosecution.
Keeping it in SafetyPro360
SafetyPro360 holds a stock list of your PPE items. Each item has the number in stock, a minimum and a reorder level, and shows as low stock when the count is at or below the reorder level, or the minimum if that is higher, and as out of stock at zero. Stock adjustments are recorded with a reason. It does not record which item was issued to which person, so keep that list separately. PPE instruction can be entered as a training course and recorded against each person, with the date it was given.
Questions people ask
Who is responsible for providing PPE at work?
The employer. Regulation 4 of the Personal Protective Equipment at Work Regulations 1992 requires every employer to provide suitable PPE to workers who are exposed to a risk that has not been adequately controlled another way. The employer is also responsible for maintaining, replacing and storing it and for training people to use it.
Can an employer charge for PPE or take a deposit?
No. Section 9 of the Health and Safety at Work etc. Act 1974 stops an employer charging for anything provided to meet a specific health and safety requirement, and since 2022 that covers all workers under the PPE regulations. HSE's guidance says an employer cannot ask a worker for money for PPE, "whether returnable or otherwise".
What changed in the PPE regulations in 2022?
From 6 April 2022 the duties were extended from employees to "limb (b)" workers: casual workers who do the work personally but are neither employees nor in business for themselves. The duties themselves did not change. Employers must now assess, provide, maintain, store and give training on PPE for these workers, free of charge, exactly as for employees.
Do the PPE regulations apply to self-employed people?
The 2022 extension does not cover people who are self-employed in their own business. The regulations do place a separate duty on a "relevant self-employed person", meaning one whose work is of a kind prescribed under the Health and Safety at Work etc. Act 1974, to provide themselves with suitable PPE, keep it maintained and use it properly.
Does an employee have to wear the PPE provided?
Yes. Regulation 10 requires every worker to use the PPE provided in line with the training and instructions they have been given, and regulation 11 requires them to report any loss or obvious defect. The employer in turn must take all reasonable steps to see that PPE is properly used, which means supervising and finding out why if it is not.
Is a uniform or ordinary workwear classed as PPE?
Not under these regulations. Ordinary working clothes and uniforms that do not specifically protect the wearer's health and safety are excluded. Clothing that does protect, including clothing that protects against the weather, is PPE. A branded polo shirt is workwear. A waterproof jacket for outdoor work or a hi-vis vest for the yard is PPE, and where your risk assessment calls for it, it must be provided free.
Where this comes from
- Personal Protective Equipment at Work Regulations 1992, as amended (legislation.gov.uk)
- Personal Protective Equipment at Work (Amendment) Regulations 2022 (legislation.gov.uk)
- Health and Safety at Work etc. Act 1974, section 9 (legislation.gov.uk)
- HSE: Extended scope of the Personal Protective Equipment at Work Regulations
- HSE: Using personal protective equipment (PPE) to control risks at work
- HSE: PPE product safety and supply
- HSE: Personal protective equipment at work, guidance on the Regulations (L25)
- GOV.UK: Employment status, worker
This guide is general information for small employers in Great Britain, checked against the sources above on the date shown. It is not legal advice. If something serious depends on it, check the source or ask a competent adviser.