PPE at Work (Amendment) Regulations 2022 explained

The Personal Protective Equipment at Work (Amendment) Regulations 2022 extended existing Great Britain PPE duties to a wider group of workers. Since 6 April 2022, employers covered by the regulations must apply the relevant PPE duties to “limb (b) workers” as well as employees. The change concerns who receives protection; it does not turn PPE into the first choice for every hazard. Employers still need to assess risks, use other controls where possible and provide suitable PPE free of charge when it is required.

What changed in 2022?

The 2022 Regulations amended the Personal Protective Equipment at Work Regulations 1992. The Health and Safety Executive (HSE) explains that the types of duties and responsibilities in the 1992 regime stayed the same but their scope was extended to limb (b) workers. The amending legislation came into force on 6 April 2022. It also updated some legislative references.

Before the amendment, the core 1992 PPE duties were framed around employees. Employers now need to consider whether people who work for them under other personal-work contracts meet the amended definition of “worker”. The exact employment status can depend on the facts of the relationship. A label such as “casual”, “freelance” or “contractor” does not alone settle whether someone is a limb (b) worker.

Who is a limb (b) worker?

The amended definition covers a person working under a contract of employment and, separately, a person who undertakes to perform work or services personally for another party whose status is not that of a client or customer of the person's own business. HSE describes limb (b) workers as people who often have casual or irregular arrangements and work under a contract for services. The agreement may be written or oral. The practical relationship matters more than the document heading.

HSE also says the 2022 change does not apply to people who are genuinely self-employed and in business for themselves. Where status is uncertain, employers should examine how the work is arranged and seek appropriate advice if necessary. The PPE risk should still be managed while status is considered; the legal question should not delay protection against a known hazard.

What must employers provide?

If a risk assessment shows PPE is needed for a limb (b) worker, the employer must assess its suitability and provide it free of charge, just as for an employee. HSE says employers are responsible for maintenance, storage and replacement of PPE they provide. PPE should be compatible with other equipment and suitable for the wearer and the work. Workers need sufficient information, instruction and training to use it correctly.

The worker also has duties. HSE says limb (b) workers must use PPE in line with their training and instruction, return it to the storage area provided and report loss or defects. A system in which PPE is issued but does not fit, is not maintained or is routinely left unused will not deliver the protection intended by the regulations.

PPE comes after other controls

HSE describes PPE as the last resort in the hierarchy of controls. Employers should first consider eliminating the hazard, substituting a safer process, engineering controls and safer ways of working. PPE may then reduce residual risks that remain. This sequence matters because PPE protects an individual wearer only while selected, fitted and used correctly. A guard or enclosed process may control the hazard for many people without relying on each person remembering a piece of equipment.

For example, where flying particles remain after other controls, eye protection may be needed. Where a task has a breathing hazard, the appropriate respiratory protection may be governed by other specific regulations as well as general PPE considerations. HSE notes that some PPE is regulated under legislation other than the 1992 regulations, including protection connected with asbestos, noise and hazardous substances. Employers should check the rules for the actual hazard.

A practical review for businesses

First, identify everyone who carries out work under the organisation's arrangements, including people on casual personal-work contracts. Review the relevant risk assessments and the controls already in place. If PPE is needed, check selection, compatibility, fit, issue, maintenance and storage. Explain and demonstrate correct use, and ensure workers can report defects and get replacements promptly. Apply the same standard to employees and limb (b) workers covered by the amended rules.

This is an operational review, not just a contract review. An organisation may already supply the right equipment but need to improve instruction or replacement arrangements. Another may have incorrectly assumed that a casual worker had to buy their own PPE. The 2022 amendment makes the employer's duty to qualifying workers explicit.

The amendment applies to the Great Britain regime described by HSE. Organisations with operations in Northern Ireland should check the rules that apply there rather than treating the GB regulations as a single UK-wide instrument. Multi-site employers should document which workforce and work locations were covered by each review, so procurement and supervisors use the correct arrangements.

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