01522 533388

PPE regulation changes: What they mean for your business 

The Personal Protective Equipment at Work (Amendment) Regulations 2022 will come into force from 6th April 2022. Employers must now provide PPE equipment for ‘limb (b)’ workers, meaning they will have the same health and safety protection as traditional or full-time employees.

30 March 2022

The Personal Protective Equipment at Work (Amendment) Regulations 2022 will come into force on 6th April 2022. 

Employers must now provide PPE equipment for ‘limb (b)’ workers, meaning they will have the same health and safety protection as traditional or full-time employees.

Employers will be required to supply their PPE and the workers themselves will be required to use it in line with the training you provide.

Please note: These changes do not apply to those who have ‘self-employed’ status.

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.

These changes do not apply to those who have ‘self-employed’ status.

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 applies to them and their workforce and make the necessary preparations to comply.

Back to the Blog

Book an Appointment

If you would like to arrange an appointment to discuss your health and safety needs generally, or you would like guidance on a specific issue, fill in your details below and we will get in touch