PPE at work: what are your employer’s legal duties?

Whether you’re an NHS worker, an office cleaner, a chef, or anyone else exposed to health and safety hazards at work, being protected against injury and/or infection is essential. So who is responsible for providing workers with PPE?

What is PPE (Personal Protective Equipment)?

Personal Protective Equipment protects the wearer against health or safety risks in the workplace. It can include items such as gloves, face masks, eye goggles, helmets, safety footwear, ear coverings, high-visibility clothing and even harnesses.

PPE protects a person from external elements. For example, builders wear helmets on building sites, people working with chemicals wear safety masks and goggles, and cleaners wear gloves to protect themselves against germs and hazardous products.

PPE doesn’t just protect the wearer; it helps stop the spread of bacteria from them to those around them. It’s particularly important for those working in food production and in hospitals.

Does my employer have to provide PPE?

The Health and Safety at Work Act 1974 states that an employer should do everything that is ‘reasonably practicable’ to safeguard their employees and those affected by their operations.

Where PPE is required to protect workers from risks that cannot be controlled in another way, employers must provide suitable PPE.

It’s an employer’s responsibility to assess the risks that are present in their workplace and act accordingly. This should be based on the work activity, the hazards involved, and the findings of the risk assessment.

Employers must take appropriate measures to lessen the risk of hazards causing injury, infection and/or spread of infection. This should also take vulnerabilities such as pregnancy into account.

What does the law say about PPE at work?

Under the Personal Protective Equipment at Work Regulations 1992 (updated by the Personal Protective Equipment at Work (Amendment) Regulations 2022), employers must provide PPE where it’s needed.

If there are risks to health and safety that cannot be controlled in other ways, such as changing how the work is done, the employer must provide suitable PPE.

Employers must also:

• Check the PPE is fit for purpose, e.g. a face mask that is too big will not protect the user’s face as it is intended
• Give clear guidance and training on how to use it, care for it and store it
• Ensure the PPE is appropriately stored, maintained and replaced when needed

Since April 2022, these duties apply to ‘workers’ as well as ‘employees’, including agency staff, casual workers and those on zero-hour contracts.

Can my employer make me pay for PPE?

No. Employers can’t charge workers for any PPE they need to do their job; they must provide it free of charge.

What if PPE isn’t provided or I’ve been injured?

If you feel your employer has failed to adequately protect you and/or you’ve been injured as a result of a lack of correct PPE, you may be able to claim compensation.

Our specialist personal injury lawyers offer a no-obligation, ‘no win, no fee’ consultation to talk about your options and how best to help you move forward.

Further information

Whether you’re an employer seeking advice on how best to protect your employees or you’re a worker who is concerned about a lack of PPE at work, we can help.

Call us on 0117 325 2929 or fill out our online enquiry form, and a member of our team will be in touch.