Regulations amending the Personal Protective Equipment at Work Regulations 1992 (PPE Regulations) come into force on 6 April 20221. They will ensure that all workers – not just employees – are provided with the same level of PPE protection.
The changes were required in response to a High Court judgment2 in November 2020. As reported in this journal3, the court determined that the UK had failed to implement fully two EU directives – Article 8(4) and 8(5) of the Framework Directive (89/391/EEC) and Article 3 of the Personal Protective Equipment Directive (89/656/EEC) – into UK law.
In bringing a claim for judicial review, the Independent Workers’ Union of Great Britain argued that in failing to transpose properly the two directives, many workers in the gig economy had not been given the required legal protection. The union complained that the directives required member states to confer certain protections on ‘workers’, whereas UK legislation referred only to ‘employees’ – a gap that had existed since 31 December 1992 when national laws came into force.
The amendments to the PPE Regulations 1992 will affect employers that engage ‘dependent contractors’, who do not come under the scope of the current legislation. Broadly speaking, these are workers who are registered as self-employed but provide services as part of someone else’s business. Such workers receive holiday pay but do not have other employment rights (such as a minimum statutory notice period) and are not in business for themselves.
Responses to the public consultation on amending the legislation were generally positive, with most respondents agreeing that the amendments would be beneficial, for example through better protection of workers’ health and safety4. The HSE will publish updated guidance to support businesses impacted by the changes and ensure that workers are aware of their rights in respect of PPE at work.
- https://www.legislation.gov.uk/uksi/2022/8/contents/made
- [2020] EWHC 3050 (admin)
- Ballard J. Gig workers should be protected. Occupational Health at Work 2021; 17(5): 11–13 (subscription required).
- Amendments to the Personal Protective Equipment at Work Regulations 1992: consultation response. Bootle: HSE, 2021