1. What is considered Personal Protective Equipment (PPE)?
PPE includes all equipment designed to be worn or held by the worker to protect against one or more hazards likely to endanger health and safety at work, and any addition or accessory designed to meet this objective.
This does not include ordinary working clothes and uniforms not specifically designed to protect the health and safety of the worker; equipment used by emergency and rescue services; personal protective equipment for means of road transport; sports equipment; self-defence or deterrent equipment; and portable devices for detecting and signalling risks and nuisances.
2. When should PPE be used in the workplace?
PPE must be used in the workplace when risks to health and safety cannot be avoided or sufficiently limited through technical means of collective protection; or by implementing measures, methods, or procedures related to work organization. This requirement is also reinforced by Article 12(2) of the health and Safety at Work Act, which outlines the general principles of prevention that employers must follow to safeguard workers from both physical and psychological ill-health, injury, or death.
3. Who bares legal responsibility?
Legal responsibility is placed on employers to protect their workers by ensuring that PPE is used appropriately and effectively, and that employers are held accountable for providing a safe working environment. Non-compliance can lead to legal action, fines, and reputational damage.
4. What are employers required to do?
- Conduct risk assessments
- Provide suitable PPE free of charge
- Keep PPE in good working order and hygienic condition through regular maintenance, repairs, and replacements.
- Determine the conditions of use of PPE, when it should be worn, based on seriousness of the risk, the frequency of exposure to the risk, the characteristics of the workstation of each worker and the performance of the PPE
- Train workers on proper use
- Inform workers about the risks PPE protects against
- Consult with Health and Safety Representatives
- Review and update PPE policies when workplace conditions change
5. What is the role of Workers’ Health and Safety Representatives?
They must be consulted on PPE matters and they also have the right to propose safety improvements.
Employers cannot penalise Workers’ Health and Safety Representatives for fulfilling this role.
6. What happens if an employer fails to comply?
Failure to comply is an offence and legal redress may be taken against the employer. The employer would have to prove that it was not reasonably practicable to do more than what was done. The burden of proof lies with the employer, not the worker!
7. What are the practical implications for employers?
In practice, this means:
- Implementing and updating effective and informative PPE policies
- Keeping detailed records of risk assessments and PPE decisions
- Budgeting for PPE costs and training
- Staying updated on new PPE technologies and regulations
- Being ready for inspections or legal scrutiny
