11 Apr 2022
Join us this April as we hear from Greg Byrne Managing Director of RB Asbestos Consultants Ltd. Greg will be providing a valuable overview into the management of asbestos within duty holder premises.
We will also hear from the Groups very own Gavin King who will be sharing with us the initiative ‘’Its Good To Talk’’ an introduction of a new Mental Health Well Being programme, sharing ideas and delivery for Mental Health In Construction and Work Place.
Join us on Tuesday 5th April at 2pm
Elm Bank Conference Centre
46 Half Edge Lane, Eccles, Manchester M30 9BA
On 6 April 2022 the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022) come into force and amend the 1992 Regulations (PPER 1992).
They extend employers’ and employees’ duties regarding personal protective equipment (PPE) to limb (b) workers.
Duties unchanged but extended
Under PPER 2022, the types of duties and responsibilities on employers and employees under PPER 1992 will remain unchanged but will extend to limb (b) workers, as defined in PPER 2022.
If PPE is required, employers must ensure their workers have sufficient information, instruction and training on the use of PPE.
A limb (b) worker will have the duty to use the PPE in accordance with their training and instruction, and ensure it is returned to the storage area provided by their employer.
You can find guidance on the PPE duties in:
We will publish updated guidance incorporating the changes made by PPER 2022 before the Regulations come into force.
What this means for employers
PPER 1992 places a duty on every employer in Great Britain to ensure that suitable PPE is provided to ‘employees’ who may be exposed to a risk to their health or safety while at work.
PPER 2022 extends this duty to limb (b) workers and comes into force on 6 April 2022. Employers need to carefully consider whether the change to UK law apply to them and their workforce and make the necessary preparations to comply.
What this means for limb (b) workers
If a risk assessment indicates that a limb (b) worker requires PPE to carry out their work activities, the employer must carry out a PPE suitability assessment and provide the PPE free of charge as they do for employees.
The employer will be responsible for the maintenance, storage and replacement of any PPE they provide. As a worker, you will be required to use the PPE properly following training and instruction from your employer. If the PPE you provide is lost or becomes defective, you should report that to your employer.
Definitions of limb (a) and limb (b) workers
In the UK, section 230(3) of the Employment Rights Act 1996’s definition of a worker has 2 limbs:
- Limb (a) describes those with a contract of employment. This group are employees under the Health and Safety at Work etc Act 1974 and are already in scope of PPER 1992
- Limb (b) describes workers who generally have a more casual employment relationship and work under a contract for service – they do not currently come under the scope of PPER 1992
PPER 2022 draws on this definition of worker and captures both employees and limb (b) workers:
‘“worker” means ‘an individual who has entered into or works under –
- (a) a contract of employment; or
- (b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;
and any references to a worker’s contract shall be construed accordingly.’
General duties of limb (b) workers
Generally, workers who come under limb (b):
- carry out casual or irregular work for one or more organisations
- after 1 month of continuous service, receive holiday pay but not other employment rights such as the minimum period of statutory notice
- only carry out work if they choose to
- have a contract or other arrangement to do work or services personally for a reward (the contract doesn’t have to be written) and only have a limited right to send someone else to do the work, for example swapping shifts with someone on a pre-approved list (subcontracting)
- are not in business for themselves (they do not advertise services directly to customers who can then also book their services directly)
As every employment relationship will be specific to the individual and employer, the precise status of any worker can ultimately only be determined by a court or tribunal.
Please note: These changes do not apply to those who have a ‘self-employed’ status.
What PPE is
PPE is defined in the PPER 1992 as ‘all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects the person against one or more risks to that person’s health or safety, and any addition or accessory designed to meet that objective’.
Where an employer finds PPE to be necessary after a risk assessment, using the hierarchy of controls explained below, they have a duty to provide it free of charge.
Hierarchy of controls
PPE should be regarded as the last resort to protect against risks to health and safety. Engineering controls and safe systems of work should be considered first.
Consider controls in the following order, with elimination being the most effective and PPE being the least effective:
- Elimination – physically remove the hazard
- Substitution – replace the hazard
- Engineering controls – isolate people from the hazard
- Administrative controls – change the way people work
- PPE – protect the worker with personal protective equipment
Employers with both employees and limb (b) workers
By 6 April 2022, you need to ensure that there is no difference in the way PPE is provided to your workers, as defined by PPER 2022. This means assessing the risk and ensuring suitable PPE is provided, when needed, to all people that fall under the definition of worker.
The PPE provided must be compatible, maintained and correctly stored. All workers must use the PPE properly following training and instruction in its use from their employer. If the PPE you provide is lost or becomes defective, your worker should report that to you.
Employers with only limb (b) workers
You need to ensure that your workers are provided with PPE free of charge, where required, by 6 April 2022. This means assessing the residual risk once all other measures (such as engineering controls) have been taken.
You then need to ensure suitable PPE is:
- correctly stored
- used properly
You will also need to provide training and instruction in its use to all your workers. You cannot charge workers for PPE they require to carry out their work.
How this legislation will be enforced
HSE inspectors already include assessment of PPE as part of their routine inspections. Enforcement action can range from verbal or written advice to enforcement notices and, in the most serious cases, prosecution of dutyholders.
PPE not regulated and enforced under PPER 1992
Workers may be required to wear items of PPE under legislation other than PPER 1992. For example, crash helmets worn by workers on the road which is legally required under road traffic legislation.
The full list of circumstances where PPER 1992 do not apply is contained in regulation 3.
PPE that is required to reduce risks arising from the following is regulated and enforced under regulations other than the PPER 1992.
These risks include those from:
I recently visited Coops Foyer, in Wigan to catch up with Jess Heyes, Training and Support Manager. I had met Jess in difficult circumstances last May after a young man in the care of the Coops Foyer, entered one of our city centre construction projects.
In all the stress, strain an anxiety of the day, Jess and I spoke about the incident on the day. Jess’s consideration and advice to me as a complete stranger made an immediate impact on me. The dedication, passion and drive to want to provide love, care and support for this young man was so evident.
I stayed in contact with Jess and we have managed to assist the charity in helping to repair the gym floor at Coops Foyer in Wigan to assist the residents.
During my last visit we were trying to support Jess by introducing some of the residents to opportunities in construction and training. Jess is an absolute heroine. So positive, engaging and desperate to change the lives of these young people, it is a humbling experience to watch and observe Jess at work, in such difficult circumstances.
Coops Foyer a Wigan based charity supporting young single homeless people aged 16-25 with support needs. Staff provide advice and support with life skills, employment, training and education and move-on.
If you read this and you think you or your business can assist and try to offer help and assistance to Jess and Coops Foyer in Wigan, please reach out. firstname.lastname@example.org
You don’t need to be an NHS frontline nurse worker to be a heroine and angel, you just need to be like Jess.
More than a million people have fled their homes to escape conflict in Ukraine. Leaving behind jobs, belongings and loved ones, they now face an uncertain future.
Intense conflict in Ukraine is threatening the lives and livelihoods of civilians across the country. Families have been separated. People have been injured. Lives have been lost.
Homes have been destroyed or are unsafe to live in. Critical infrastructure such as health facilities, water supplies and schools have also been damaged or destroyed.
At Ukraine’s borders with Poland, Romania, Hungary, Slovakia and Moldova, huge numbers of people are arriving with only what they can carry. In many places there are long waits to cross and scant facilities waiting for them on the other side, with temperatures dropping below freezing overnight.
DEC charities are in Ukraine and neighbouring countries meeting the needs of all refugees and displaced people:
- £30 could provide essential hygiene supplies for three people for one month
- £50 could provide blankets for four families
Join us to hear from Madeleine Abbas, one of the UK’s leading health and safety lawyers. Madeleine will be providing an insightful update on the incoming Building Safety Bill and the implications to industry and duty holders.
We will also hear from Kate Walker of the Diabetes Safety Organisation as we learn of the number of people
affected by diabetes, how many people are diagnosed with diabetes and what businesses can do from an organisational and individual perspective to assist with managing Diabetes.
Join us at 2pm on 1st March at the Elm Bank Conference Centre.
This month’s speakers are David Prince of Fire Safety Risk Assessment Consultancy, discussing fire safety and fire risk assessment in construction, and Craig Wells of QUELFIRE providing an insight into the importance of passive fire protection and understanding what passive fire protection can achieve if done correctly.
With the Fire Safety Act receiving Royal assent in April 2021 and due to be coming into force imminently, and the upcoming Building Safety Bill being expressed to make significant progress in 2022, this month’s meeting is going to be very informative regarding fire safety and the implications of potentially getting it wrong!
This should not be missed by any duty holders or persons responsible for fire safety in the workplace.
See you on all Tuesday 1st February at 2pm at the usual meeting place of Elm Bank Masonic Hall In Eccles.
FareShares Miriam Emanual thanks the NWCSG and its members for their contributions and support to this fantastic charity. FareShare is the UK’s national network of charitable food redistributors, made up of 18 independent organisations. Together, the charity takes good quality surplus food from right across the food industry and gets it to more than 10,500 frontline charities and community groups.
The food redistributed is nutritious and good to eat. It reaches charities across the UK, including school breakfast clubs, older people’s lunch clubs, homeless shelters, and community cafes. Every week FoodShare provide enough food to create almost a million meals for vulnerable people. https://fareshare.org.uk/
THANK YOU TO ALL NWCSG MEMBERS FOR YOUR SUPPORT.
A Liverpool plastic processing and reprocessing company has been fined after a worker suffered serious injuries when his arm was caught in a machine.