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McIntosh Fleming Lawyers, specialise in no win, no fee accident claims, and we guarantee that you keep all of your compensation without any deduction for our charges. Get in touch with Derby Lawyers by e-mailing gary.dickie@btinternet.com , or ring us on 01332 518135 .

Personal Protective Equipment

The duty is on employers to provide suitable personal protective equipment to employees who may be exposed to risk except to the extent that the risk has been controlled by other effective means (reg 4(1)).

The employer must carry out an assessment of the risks not avoided by other means, defining the characteristics needed from any personal protective equipment, and comparing the personal protective equipment available with those characteristics (reg 6). The assessment must be kept under review . An inadequate assessment may be relied upon in legal proceedings as evidence of why PPE was not suitable.

Where the nature of the risks at work require workers to use more than one item of PPE, each item must be compatible (reg 5).

Ensuring PPE is suitable may further require the inspection and, if necessary, testing of the PPE before it is issued to a worker . In practice, employers should ensure that PPE complies with the relevant British Standards: many of these apply to specific kinds of PPE.

The personal protective equipment provided must be appropriate and adequate, fit the wearer, take account of ergonomic design and the state of health of the wearer, comply with the EEC standards , be compatible and effective where worn with other protective equipment used against other risks and be maintained, cleaned and replaced to keep it in efficient working order and in good repair (regs 4(3) and 7).

Employees should be provided with adequate information, instruction and training on the risks against which the PPE is to guard, together with the purpose for using the PPE: reg 9(1).

Employees must  report any loss or damage.

A duty properly to use PPE is also placed upon the employee, breach of which may amount to contributory negligence (reg 10)

Employers must take reasonable steps to ensure the equipment is properly used (reg 10).

An employer may be under a duty to supply PPE suitable to individual workers owing to their particular vulnerabilities.

The duties in the Regulations only arise in respect of the direct employees of an employer. An undertaking which uses agency workers, independent contractors or voluntary workers is not obliged to ensure that those workers are supplied with PPE under the Regulations. However, the employers of agency workers will be bound by the PPE Regulations in respect of their employees. Accordingly, an employment agency is bound by the Regulations in respect of its employees, regardless of the fact that the employees work under the control of a contractor.

Get in touch with no win , no fee Derby solicitors by e-mailing gary.dickie@btinternet.com , or ring us on 01332 518135 .