If you are a business that employs casual workers you will need to ensure you are familiar with the new provisions coming into force on 6th April 2022. The changes to Personal Protective Equipment (PPE) law are important and now is the time to make sure you are up to speed with them.  If you fail to do so then you could end up in hot water with the Health and Safety Executive and on the end of an Employer Liability personal injury claim. 

Lauren Martin from local law firm Thatcher + Hallam has provided this summary of the changes and what you should do if you employ casual workers.

What is the new law? 

From 6th April 2022, under the Personal Protective Equipment at Work Regulations 1992, 'casual workers' must be provided with PPE by the employer without cost to the casual worker, regardless of whether there is a formal contract of employment in place or not. 

What is meant by a 'casual worker'? 

The changes refer to casual workers under limb (b) of the Employment Rights Act 1996, with the definition that this law will include:-

Workers who are contracted to perform work or provide services under any express or implied contract other than a contract of employment. 

Workers that carry out casual/irregular work for which they may work for more than one organisation. 

Workers who receive holiday pay but no other employment rights. 

Workers who only carry out work if they choose to do so.  What is Personal Protective Equipment (PPE)? PPE includes safety helmets, high visibility clothing, eye protection, safety harnesses, overalls, ear plugs, respiratory equipment and safety footwear. Basically, PPE is everything that is required to protect the worker from imminent danger and hazards involved in the job.  PPE should only be used where hazards cannot be removed or controlled or reduced in risk to an acceptable level.  What should you do if you think the changes to personal protective equipment (PPE) law applies to you? Companies should revise their PPE policies, to ensure it is clear who PPE is issued to and when it issued, so they can ensure casual workers have the PPE they need.  PPE needs to be provided to casual workers free of charge.  Policies also need to ensure that companies have procedures in place to ensure they regularly review, maintain and replace PPE for casual workers and employees.  The HSE has published easy to follow guidance in this respect, which can be accessed here https://www.hse.gov.uk/ppe/index.htm PPE, COVID and Face coverings Face coverings (as opposed to respirators and other such breathing equipment classified as PPE) are not regarded as PPE, as they are a public health measure that protects the wearer from the spread of COVID-19.  Guidance states that PPE for protection against COVID is, in general, required only for certain healthcare based professional activities.  For workers in a health and social care setting PPE needs to be provided to those who are at a higher risk of being in contact with individuals who have COVID-19.  Further guidance can be found here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1019791/20210609_COVID-19_PPE_community_and_social_care_settings_Illustrated_guide.pdf What to do if you are a worker or employee who has been injured due to faulty PPE or a company's failure to provide PPE  If you have been injured a result of faulty PPE or a lack of provision of PPE you can contact one of our friendly Employer Liability Personal Injury team at Thatcher + Hallam to discuss the accident, your injuries and the potential to make a claim.  There are multiple benefits of making a claim, including financial support, access to private medical treatment and compensation for pain, suffering and loss caused by the accident and injuries. Claims will generally be dealt with via your employer's insurance company.  Thatcher + Hallam offer a free initial legal consultation and 'no win, no fee' funding as standard for personal injury claims. Contact the team on 01761 414646 for further information or use the link on their website to get in touch https://th-law.co.uk/legal-surgery-form/