PPE duties since the 2022 change

What actually changed in 2022

The original 1992 Regulations applied to employees. The 2022 amendment removed that limit so the duties now cover limb (b) workers, meaning people who work under a contract personally to do work for someone who is not their client or customer. In practice that is casual staff, zero hours staff, many short assignment workers and a large share of the gig economy.

The genuinely self employed, who run their own business and control how the work is done, remain responsible for their own PPE. The line is often blurred on site, and the safe position is that if you direct how and when the work is done, you provide the PPE.

PPE is the last control in the hierarchy, which is why it should never be the first answer in your risk assessment.

PPE is the last resort, not the first

Regulation 4 requires PPE where the risk cannot be adequately controlled by other means. That sequence matters because inspectors read it as a test of whether you tried anything else. Eliminate the hazard, substitute something safer, engineer a control such as extraction or guarding, change the way the work is organised, and only then reach for PPE.

A dust mask handed out in place of on tool extraction is the classic failure, and one of the most common notices served on small construction firms.

New kit needs explaining as well as issuing, and toolbox talks people listen to are the cheapest way to do it.

Selecting and assessing PPE

A PPE assessment is short but specific. It must consider the risks the PPE is meant to control, the characteristics the PPE needs to have, whether different items worn together still work, and whether the PPE itself introduces a risk such as heat stress or restricted vision.

• Check compatibility. Ear defenders and a hard hat, or a respirator and safety glasses, frequently interfere with each other.
• Fit matters. Tight fitting respirators require face fit testing to HSE guidance INDG479, records kept, and a clean shaven seal at the point of use.
• Provide a size and style range. PPE designed around an average male body does not protect everyone, and women, smaller and larger workers are routinely under served.
• Check the marking. UKCA marking is required for products placed on the GB market, with CE accepted only where transitional arrangements still apply.

Maintenance, storage and replacement

Regulation 7 requires PPE to be maintained in efficient working order and good repair, and Regulation 8 requires appropriate accommodation for it when not in use. That means clean storage away from damage and contamination, not a bucket in the back of a van.

Set replacement rules people can follow: gloves when torn or contaminated, disposable respirators at the end of the shift or sooner if breathing resistance increases, hard hats to the manufacturer's stated life and immediately after any impact, harnesses inspected before each use and thoroughly examined at least every six months with records.

Training, use and enforcement

Regulation 9 requires information, instruction and training on the risks the PPE avoids, how to use it and how to look after it. Regulation 10 requires employers to take all reasonable steps to ensure it is used, and Regulation 11 obliges employees to use it and report defects.

Enforcement on site has to be even handed and visible. A rule applied to operatives but not to managers and visitors is not a rule. Record refusals and how they were handled, because a pattern of unenforced PPE rules undermines every other control you rely on.

Charging, deposits and leavers

You cannot charge for PPE, and you cannot take a returnable deposit for it either. Nor can you recover the cost from final pay when someone leaves, unless the item is not PPE at all but general workwear such as a branded polo shirt.

You can require PPE to be returned when someone leaves, and you can discipline for wilful damage. Keep an issue record for each person showing what was issued, when and what size, both to prove compliance and to make replacement predictable.

Common questions

Do we have to provide PPE to agency workers?

Yes in almost all cases. Since April 2022 limb (b) workers are covered, and even before that the business controlling the work was normally responsible in practice.

Can we ask staff to buy their own safety boots?

No. If boots are needed as PPE they must be provided free. You may allow someone to choose a different style and contribute the difference, but not the base cost.

Is face fit testing legally required?

Yes for tight fitting respiratory protective equipment. It is required under COSHH, the Control of Lead and the Control of Asbestos Regulations, and records should be kept.

Related guides

• your risk assessment
• toolbox talks people listen to