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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^[1], 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^[2] 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^[3], and (in Scotland) of section 151 of the Roads (Scotland) Act 1984^[4];
 (e) equipment used during the playing of competitive sports.

    (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^[5];
 (b) the Ionising Radiations Regulations 1985^[6];
 (c) the Control of Asbestos at Work Regulations 1987^[7];
 (d) the Control of Substances Hazardous to Health Regulations 1988^[8];
 (e) the Noise at Work Regulations 1989^[9];
 (f) the Construction (Head Protection) Regulation 1989^[10].

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.

    (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 7(1).

    (2)  Without prejudice to the generality of paragraph (1), the information and instruction provided by virtue of that paragraph shall not be adequate and appropriate unless it is comprehensible to the persons to whom it is provided.

Use of personal protective equipment
    10.—(1)  Every employer shall take all reasonable steps to ensure that any personal protective equipment provided to his employees by virtue of regulation 4(1) is properly used.

    (2)  Every employee shall use any personal protective equipment provided to himby virtue of these Regulations in accordance both with any training in the use ofthe personal protective equipment concerned which has been received by him andthe instructions respecting that use which have been provided to him by virtue of regulation 9.

    (3)  Every self-employed person shall make full and proper use of any personal protective equipment provided to him by virtue of regulation 4(2).

    (4)  Every employee and self-employed person who has been provided with personal protective equipment by virtue of regulation 4 shall take all reasonable steps to ensure that it is returned to the accommodation provided for it after use.

Reporting loss or defect
    11.    Every employee who has been provided with personal protective equipment by virtue of regulation 4(1) shall forthwith report to his employer any loss of or obvious defect in that personal protective equipment.

Exemption certificates
    12.—(1)  The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt—
 (a) any of the home forces, any visiting force or any headquarters from those requirements of these Regulations which impose obligations on employers; or
 (b) any member of the home forces, any member of a visiting force or any member of a headquarters from the requirements imposed by regulation 10 or 11;
and any exemption such as is specified in sub-paragraph (a) or (b) of this paragraph may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a further certificate in writing at any time.

    (2)  In this regulation—
 (a) "the home forces" has the same meaning as in section 12(1) of the Visiting Forces Act 1952^[11];
 (b) "headquarters" has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965^[12];
 (c) "member of a headquarters" has the same meaning as in paragraph 1(1) of the Schedule to the International Headquarters and Defence Organisations Act 1964^[13]; and
 (d) "visiting force" has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.

Extension outside Great Britain
    13.    These Regulations shall apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 1989^[14] as they apply within Great Britain.

Modifications, repeal and revocations
    14.—(1)  The Act and Regulations specified in Schedule 2 shall be modified to the extent specified in the corresponding Part of that Schedule.

    (2)  Section 65 of the Factories Act 1961 is repealed.

    (3)  The instruments specified in column 1 of Schedule 3 are revoked to the extent specified in column 3 of that Schedule.

Signed by order of the Secretary of State.

Patrick McLoughlin

Parliamentary Under Secretary of State, Department of Employment.

25th November 1992

[1] 1974 c. 37; sections 15 and 50 were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 6 and 16 respectively. back

[2] 1953 c. 14. back

[3] 1988 c. 52. back

[4] 1984 c. 54. back

[5] S.I. 1980/1248. back

[6] S.I. 1985/1333. back

[7] S.I. 1987/2115; amended by S.I. 1988/712. back

[8] S.I. 1988/1657; amended by S.I. 1990/2026 and S.I. 1992/2382. back

[9] S.I. 1989/1790. back

[10] S.I. 1989/2209. back

[11] 1952 c. 67. back

[12] S.I. 1965/1536, to which there are amendments not relevant to these Regulations. back

[13] 1964 c. 5. back

[14] S.I. 1989/840. back