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Changes to personal protective equipment (PPE) regulations

Tim Lewis • 11 January 2022

Our January blog looks at the upcoming changes that employers need to be aware of...

From 6th April 2022 the introduction of new Personal Protective Equipment Regulations may affect your organisation.

 

What’s new?

The main changes extend the duties and responsibilities of the employer and employee to Limb (b) workers (dependent contractor). Generally, workers who come under limb (b):

·     Carry out casual or irregular work for one or more organisations.

·     After 1 month of continuous service, receive holiday pay but not other employment rights such as the minimum period of statutory notice.

·     Only carry out work if they choose to.

·     Have a contract or other arrangement to do work or services personally for a reward (the contract doesn’t have to be written) and only have a limited right to send someone else to do the work, for example swapping shifts with someone on a pre-approved list (subcontracting).

·     Are not in business for themselves (they do not advertise services directly to customers who can then also book their services directly).

 

Does this apply to me?

Yes, by 6 April 2022

·     If you’re an employer with both employees and limb(b) workers, you need to ensure that there is no difference in the way PPE is provided to your workers.

·     If you are an employer with only limb(b) workers, you need to ensure that your workers are provided with PPE free of charge, where required. This means assessing the residual risk once all other measures (such as engineering controls) have been taken.


Top tip

If you employ regular sub-contractors or agency workers, treat them like your employees and issue them with the correct personal protective equipment.


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