DUTY ON EMPLOYER TO PROVIDE SUITABLE PPE EXTENDED TO WORKERS

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The Personal Protective Equipment at Work (Amendment) Regulations 2022 (SI 2022/8) come into force on 6 April 2022 and extend the duty on employers to provide suitable personal protective equipment (PPE), where required, to all workers (not just employees).

The amended Regulations follow the High Court’s judgment in R (Independent Workers’ Union of Great Britain) v Secretary of State for Work and Pensions and another [2020] EWHC 3050 (Admin), where it was held that, by excluding workers from protection, the UK had failed properly to implement Article 8(4) and (5) of the Health and Safety Framework Directive and Article 3 of the PPE Directive with respect to ‘workers’ falling within the definition of 230(3)(b) in the Employment Rights Act 1996 (sometimes known as ‘limb b’ workers).

The Personal Protective Equipment at Work (Amendment) Regulations 2022 (legislation.gov.uk)

https://www.bailii.org/ew/cases/EWHC/Admin/2020/3050.html

Employment Rights Act 1996 (legislation.gov.uk)

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