What PPE do I need on a construction site, and who pays?
PPE is the last control you reach for, after you have tried to remove or reduce the risk at source. Where a risk remains, the employer must provide the right PPE free of charge, train people to use it, and keep it in working order. Since 06-04-2022 those duties cover casual "limb (b)" workers as well as employees.
PPE comes last
Under the PPE at Work Regulations 1992, PPE is for the risk that is left after other controls have been applied. HSE guidance (L25) says PPE should be regarded as the last resort. It protects only the person wearing it, while a control at source protects everyone nearby.
The usual order is:
- Eliminate the hazard, for example by using a pre-cut component so nobody cuts on site.
- Substitute something less harmful, such as a different product or method.
- Use engineering controls, such as on-tool dust extraction, water suppression or screens.
- Use safe systems of work, such as separating people from plant, limiting time exposed, or training.
- Use PPE for whatever risk remains.
Example: cutting concrete kerbs at Brunel Terrace. First ask whether you can buy them cut to length. If not, cut with water suppression or on-tool extraction. Then give the operator the respirator, eye protection and ear defenders needed for the dust and noise that are still there. The PPE is the final layer, not the plan.
What the law says (England, Scotland and Wales)
The Personal Protective Equipment at Work Regulations 1992 apply in Great Britain. Northern Ireland has its own health and safety legislation, so check with HSENI there. The main points are:
- Employers must provide suitable PPE where a risk to health and safety remains after other controls (regulation 4).
- PPE must be appropriate for the risk, fit the wearer, and work with any other PPE worn at the same time (regulations 4 and 5).
- The employer must assess the PPE first to check it is suitable, and review that assessment if it is no longer valid or things change (regulation 6).
- PPE must be kept in an efficient state, in working order and in good repair (regulation 7).
- Workers must be given information, instruction and training that is adequate and that they can understand (regulation 9).
- The employer must take all reasonable steps to make sure PPE is used properly, and workers must use it in line with their training (regulation 10).
- Workers must report any loss or obvious defect straight away (regulation 11).
These regulations sit alongside the Control of Noise at Work Regulations and COSHH, which set their own rules for hearing protection and for dust and chemicals.
The 2022 change: limb (b) workers
Before 06-04-2022 the regulations covered employees. The Personal Protective Equipment at Work (Amendment) Regulations 2022 extended the duties to "limb (b)" workers. HSE describes these as people with a more casual relationship with the organisation: they work under a contract for services, choose whether to accept work, and are not in business for themselves. Whether someone is a limb (b) worker is decided by a court or tribunal in the end.
That is a legal question, so if you are unsure about a casual operative, supply the PPE anyway. HSE says the types of duty are unchanged. The change simply extends them to more people.
HSE also says the change does not apply to people who are genuinely self-employed. A self-employed builder still has to protect themselves, and any site rule that requires PPE still applies to them on that site.
Who pays, and who does what
The employer provides PPE free of charge. HSE guidance explains that the PPE Regulations change section 9 of the Health and Safety at Work etc. Act 1974 so that an employer cannot charge for PPE, whether the money is returnable or not. That covers storage, maintenance, replacement and training too.
HSE says an employer provides a basic standard of safety footwear and hi-vis at no cost, as long as the worker looks after it and it lasts a reasonable time. If a medical reason stops someone wearing the basic footwear, the employer pays for suitable boots.
The worker has to use PPE as trained, return it to its storage with reasonable care, and report loss or defects straight away. Defective PPE should be repaired or replaced before work carries on.
Head, eyes and hearing
- Head: HSE says head protection is required on almost all sites where a risk remains after the work is organised. A hard hat must be in good condition, fit the wearer, be worn properly and be compatible with ear defenders. HSE warns that fake hard hats are on the market, so buy from a reputable supplier. If there is genuinely no risk of a head injury, the law does not require a hard hat. Turban-wearing Sikhs are exempt from the legal requirement to wear a safety helmet (Employment Act 1989, section 11 as amended). The exemption does not extend to other PPE.
- Eyes: HSE lists flying particles and corrosive splashes as risks PPE can reduce. Choose spectacles, goggles or a visor to suit the task. Wet cement can burn the eyes, so keep an eyewash available where you work with it.
- Hearing: the Control of Noise at Work Regulations set lower and upper action values of 80 dB(A) and 85 dB(A) daily or weekly exposure, and an exposure limit of 87 dB(A). For peak noise the values are 135, 137 and 140 dB(C). Where other methods do not cut the exposure enough, the employer must provide hearing protection.
Breathing, hands, feet and visibility
- Respirators (RPE): a tight-fitting mask only works if it seals to the face, so each wearer needs a fit test for each type of tight-fitting facepiece they use. HSE says the tester should be appropriately trained, qualified and experienced, and the Fit2Fit scheme can help show that. Beards and stubble stop the seal, so a wearer of a tight-fitting mask should be clean-shaven. Where that is not possible, use RPE that does not rely on a face seal. Check the fit every time you put the mask on.
- Gloves: match the glove to the hazard. For wet cement HSE advises waterproof gloves marked EN374 and tested for alkalis and bases (class K), with long or snug cuffs. Some nitrile or PVC gloves may be suitable. Check the breakthrough time for the length of the task.
- Footwear: HSE expects protective footwear for heavy work, with steel toecaps and midsole protection. Where you stand in cement, wear boots tall enough that cement cannot get in, with trousers worn outside them.
- High visibility: wear it wherever vehicles or plant operate. HSE says a tabard is often enough for routine site use. Temporary traffic management workers need a long-sleeved hi-vis jacket and trousers.
If you buy your own PPE, check the product is correctly marked and ask the supplier whether it suits the job.
Keeping it on the record
Write down what PPE each task needs, what was issued to whom and when, and that the person was shown how to use it. A risk assessment and method statement is the natural place for the task-by-task detail, and a toolbox talk is a good way to show people how to fit and check items like masks. If you spot a defect or someone reports one, replace the item and note it down.
Sources
- HSE: Personal protective equipment (PPE) at work
- HSE: Using PPE to control risks at work
- HSE: Extended scope of the PPE Regulations 2022
- HSE: L25 Personal protective equipment at work (guidance on the Regulations)
- legislation.gov.uk: Personal Protective Equipment at Work Regulations 1992
- HSE: Construction FAQ on PPE (hard hats, footwear, hi-vis)
- HSE: Noise, employers' legal duties
- HSE: RPE fit testing basics
- HSE: Using RPE
- HSE: Construction hazardous substances, cement