You Must Provide PPE for All Workers – Not Just Employees

A change in the law was made earlier this year with new requirements being set out in the Personal Protective Equipment at Work (Amendment) Regulations 2022. The changes made meant that from 6th April 2022, businesses must provide all workers with suitable PPE, at no cost to the worker, including those working self-employed roles.

A worker can be defined as anyone who has an arrangement to perform work for someone else. If a person who owns a business has a degree of control over the work being performed, then the person performing the work will most likely fall within the definition of a worker.

HSE guidance on these regulations say that workers will:

• carry out casual or irregular work for one or more organisations
• after one 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)

The guidance also states that as every employment relationship will be specific to the individual and employer, the precise status of any worker is one that can ultimately only be determined by a court or tribunal. 

The business that an individual works for should carry out a risk assessment, provide PPE free of charge and is also responsible for the maintenance, storage and replacement of any PPE that is provided.

The regulations define PPE as all equipment intended to be worn by a person at work that protects the person against one or more risks to that person’s health and safety. Examples of PPE include safety gloves, safety helmets, fall arrest equipment and face masks.

All workers have a right to be provided with PPE. They should always report loss and any defects in the PPE provided, use the PPE in accordance with the training and instruction provided and ensure that all PPE is returned to the proper storage provided.

Work & Wear Direct are a quality supplier of PPE. Call us on 01702 553698 to find out more.