Have you been injured because your employers have failed to provide appropriate protective equipment for you to use whilst at work? Employers have duties concerning the provision and use of Personal Protective Equipment (PPE) at work and must ensure that Personal Protective Equipment is supplied and used at work wherever there are risks to health and safety that cannot be adequately controlled in other ways.

Personal Protective Equipment should always be a last resort. It should only be used when other precautions cannot reduce the risk of injury adequately. Employers have a duty to combat the risk at source if possible and engineering solutions such as provision of guards on machinery should be the first priority in improving health and safety.

The main legislation that governs Personal Protective Equipment is the Personal Protective Equipment at Work Regulations 1992 which came into force on 1 January 1993. PPE is defined in the Regulations as “all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work which protects him against one or more risks to his health and safety”. PPE, therefore, includes:-

• Safety helmets
• Gloves
• Eye protection
• High visibility clothing
• Safety footwear
• Safety harnesses
• Masks

PPE includes waterproof, weatherproof or insulated clothing. However, it excludes ordinary working clothes and uniforms that don’t specifically protect against risks to health and safety.

As well as requiring that PPE is supplied and used at work where there are risks to health and safety the Regulations also require that PPE:-

• Is properly assessed before use to ensure it is suitable
• Is maintained and stored properly
• Comes with instructions on how to use it safely
• Is used correctly by employees

At the core of the PPE at Work Regulations is the concept of risk assessment. PPE use starts with assessment of all of the different hazards in the workplace. Then an assessment should be done to ascertain which types of PPE are suitable to protect against the hazards linked to each job. Assessment factors may include:-

• Does the PPE deal with the risks and the conditions?
• Do employees need protection against pesticides?
• Do employees need protection from an angle grinder cutting flagstones?
• Does the PPE prevent or adequately control the risks involved?
• Does it do so without increasing the overall level of risk?
• Has the state of health of those who will be wearing it been taken into account?
• What are the needs of the job and the demands it places on the wearer?
• How long does the PPE need to be worn?
• What physical effort is required to do the job?
• What are the visibility requirements?
• What are the communication requirements?

An employer must also ask whether the PPE supplied is compatible with each other. For example, they may need to consider whether a particular type of respirator may make it difficult to get eye protection or ear protection to fit properly. The more pieces of PPE needed by the individual the more the potential problems.

The use of PPE can protect different parts of the body from various hazards.

Eyes

Hazards – Chemical or metal splash, dust, projectiles, gas and vapour, radiation.

PPE Solutions – safety spectacles, goggles, face shields, visors.

Head

Hazards – impact from falling or flying objects, risk of head bumping, hair entanglement.

PPE Solutions – a range of helmets and bump caps.

Lungs/breathing

Hazards – dust, vapour, gas, oxygen deficient atmospheres.

PPE Solutions – disposable filtering face piece or respirator, half or full face respirators, air fed helmets, breathing apparatus.

Body

Hazards – temperature extremes, adverse weather, chemical or metal splash, spray from pressure leaks or spray guns, impact or penetration, contaminated dust, excessive wear or entanglement of own clothing.

PPE Solutions – conventional or disposable overalls, boiler suits, specialist protective clothing, chain mail aprons, high visibility clothing.

Hands and Arms

Hazards – abrasion, temperature extremes, cuts and punctures, impact, chemicals, electric shock, skin infection, disease or contamination.

PPE Solutions – gloves, gauntlets, mitts, wrist cuffs, armlets.

Feet and Legs

Hazards – wet or cold weather, electrostatic build-up, slipping, cuts and punctures, falling objects, metal and chemical splash, abrasion.

PPE Solutions – safety boots and shoes with protective toe caps and penetration resistant soles, gaiters, leggings, spats.

The Regulations also require that employees are trained in relation to PPE. Employers should:-

• Make sure anyone using PPE is aware of why it is needed, when it is to be used, repaired or replaced and its limitations.
• Train and instruct people how to use PPE properly.
• Because PPE is the last resort after other methods of protection have been considered, ensure that users wear it all the time they are exposed to the risk. They should never allow exemptions for those jobs which take “just a few minutes”.
• Check regularly that PPE is being used and investigate fully any reasons why it is not. Safety signs can be useful reminders to wear PPE.

Maintenance of PPE is also vital. PPE should be well looked after and properly stored when it is not being used, for example in a dry, clean cupboard or, in the case of smaller items, such as eye protection, in a box or case. PPE should also be kept clean and in good repair and the manufacturer’s maintenance schedule should be followed. Simple maintenance can be carried out by the trained wearer, but more complicated repairs should be done only be specialists. Suitable replacement PPE should be readily available.

Anthony McCarthy, an Associate Solicitor at Macks Solicitors, comments:- “Macks Solicitors have dealt with many claims over the years involving clients who have been injured because their employers failed to provide them with the protection required by the Personal Protective Equipment at Work Regulations. Our extensive experience in dealing with these types of compensation claims can be the difference between success and failure with a claim involving the issue of Personal Protective Equipment”.

If you have suffered an injury at work you may be able to make a claim for compensation from your employer. Macks Solicitors is a well established law practice with skilled lawyers who are experienced in all types of personal injury claims including accident at work claims.

Contact Macks Solicitors on 01642 252 828 or complete the Quick Claim Form on the website.