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There are changes on the horizon with regards the current specific requirements for employers with respect to provision of personal protective equipment or PPE. In this article, The Compliance People Consultant, Mick Baah, briefly looks at the potential changes to The Personal Protective Equipment Regulations 1992 (PPER).
The application of the requirements of the PPER 1992 for employers to extend their arrangements for provision of PPE to “workers” and not just employees. This means for example, that employers may potentially be required to provide PPE to their on-site resident contractors who are carrying out work on the employer’s behalf if so required.
Findings from a judicial review carried out in November 2020 brought by the Independent Workers Union of Great Britain (IWGB) against the Secretaries of State for Department for Business, Energy and Industrial Strategy (BEIS) and the Department for Work and Pension (DWP). The review found that the UK Government failed to transpose key requirements of the Council Directive 89/391/EC (“the Framework Directive)” and Council Directive 89/656/EC (the PPE Directive) respectively via PPER 1992. N.B. “The Framework Directive” sets out the minimum standards for health and safety through a series of general principles), and “the PPE Directive” sets out the minimum health and safety requirements for the use of personal protective equipment in the workplace for workers.
Also known as limb (b), workers are those individuals who are registered as self-employed but provide a service as part of someone else’s business and must carry out the work personally rather than being able to send someone in their place, i.e., they are not independent contractors).
The Health and Safety Executive (HSE) have commissioned a consultation which commenced on Monday 19th July with the aim of understanding the impact on stakeholders and businesses of extending the scope of the employers’ duties under the PPER 1992 to cover workers and not only employees. This consultation is due to last for 4 weeks. You can access further details of the consultation at https://consultations.hse.gov.uk/hse/cd289-amends-ppe-work-regs-1992/
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Jurisdiction: Scoland
Commencement: 1st February 2021
These Regulations introduce temporary arrangements to ease conformity requirements for PPE products that are made and supplied for use during the Coronavirus (Covid-19) crisis, to reduce the public health risks presented by Coronavirus. PPE that usually requires a conformity assessment can be provided to healthcare workers or specified frontline health and care sector workers without having completed the conformity assessment process.
Temporary arrangements applying to manufacturers, importers and distributors in relation to the conformity assessment process will continue in Scotland to speed up the supply of essential Covid-19 related personal protective equipment (PPE).
Temporary arrangements for PPE were introduced by Commission Recommendation 2020/403 on conformity assessment and market surveillance procedures within the context of the COVID-19 threat. These temporary arrangements were implemented in the UK on March 2020. As Commission Recommendation 2020/403 has not been carried over into domestic UK law at the end of the Brexit transition period, new requirements are made to continue the easements for as long as they are needed. These Regulations make specific arrangements for the supply of emergency Covid-19 PPE after the end of the transition period.
These arrangements ease the regulatory requirements for conformity assessments for certain categories of PPE for a limited time, to increase the supply of essential Covid-19 related PPE on the UK market and for healthcare and specified health and care sector frontline workers.
The arrangements are time limited and require an assessment to be conducted by the Health and Safety Executive (HSE) by specified dates (see below).
PPE undergoing conformity assessment procedures that are yet to receive conformity marking (e.g. a UK or CE mark) can be made available for purchase in the UK.
To be eligible, the PPE must be needed for the protection from Coronavirus and the conformity assessment procedure must have been initiated. The HSE must have certified the PPE as compliant with the requirements laid out in Regulation 2016/425/EU on personal protective equipment.
Please note: The HSE will only undertake this assessment and certification process until 31st March 2021. After 31st March 2021 the usual conformity assessment requirements which applied before March 2020 will apply to unassessed PPE.
PPE that usually requires a conformity assessment can be provided to healthcare workers or specified frontline health and care sector workers without having completed the conformity assessment process.
The PPE must be needed for the protection from Coronavirus and it must have been purchased by, or on behalf of the Scottish Ministers or a health service body and only for the use of healthcare or specified frontline health and care sector workers.
Where PPE is made available to healthcare workers and frontline workers, the PPE must be assessed by the HSE and found to be compliant with the safety requirements specified in Annex II of Regulation 2016/425/EU on personal protective equipment.
Please note: The HSE will only undertake this assessment and certification process until 30th June 2021. After 30th June 2021, the usual conformity assessment requirements, that applied before March 2020 will apply to unassessed PPE.
Manufacturers, importers or distributors supplying PPE under these temporary arrangements, that do not complete a conformity assessment and/or attach the conformity marking will not be guilty of an offence.
PPE that has been assessed under Commission Recommendation 2020/403 does not affect the validity of any HSE assessment or conditions set by the HSE in respect of the assessment of PPE.
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The draft Building Safety Bill will make fundamental changes to fire and structural safety in high rise buildings over 18m or six stories in height. It will be of significant interest to those involved in property design, construction and management, affecting the entire life cycle of buildings when it comes into law.
In 2017, the Grenfell Tower tragedy/fire resulted in the loss of 72 lives; the biggest loss of life in a residential fire since WW2.
The Independent Review of Building Regulations and Fire Safety conducted by Dame Judith Hackitt and the subsequent report, Building a Safer Future, found that the system for ensuring fire and structural safety in high rise buildings was not fit for purpose.
It made significant recommendations for change, all of which were accepted by the Government, and in the Queen’s Speech in December 2019 it was announced that the Government intended to introduce “new and enhanced regulatory regimes for building safety and construction products, and ensure residents have a stronger voice in the system.” The Government published the Draft Building Safety Bill in late July 2020.
The draft Bill proposes a new Building Safety Regulator to:
It moves the focus to those who create risk, being responsible for managing it.
A new regulator, the Building Safety Regulator will be formed within the Health and Safety Executive (HSE) to implement the new, more stringent regulatory regime for higher risk buildings. While the Regulator will have a remit for higher risk buildings over 18m or six stories in height, they will also oversee the safety and performance of all buildings. They will also assist and encourage competence among the built environment industry, and registered building inspectors.
The Building Safety Regulator will have new powers under the draft Bill. These include:
Prison sentences for contravention of building regulations will be increased to up to 10 years.
The Regulator will oversee registered building inspectors, whether they be local authority building control officers or private sector operators. There will also be a new mandatory system for reporting structural and fire safety breaches.
The Building Safety Regulator will undertake several regulatory functions that will apply to all buildings, working with building control authorities, technical experts and the construction industry. They will also set up an industry-led committee to advise on industry competence, lead on a competency framework, and drive improvements in competency levels.
The Building Safety Regulator will be responsible for oversight of the competence and performance of registered building inspectors and the building control bodies.
A new Gateway regime will be introduced to ensure safety risks are considered at each stage of a building’s design and construction. The Regulator will have to be consulted by law at the planning permission stage (Gateway one). At Gateway two, the Regulator can issue a ‘hard stop’ meaning construction work cannot start until they are satisfied all safety requirements have been met.
Gateway three occurs at the end of the construction phase when the Regulator will assess whether building regulations have been met. At this stage, all necessary documents and information are to be handed over to the Accountable Person. This information will be known as ‘the golden thread’ and will provide a digital record of information for the entire life cycle of the building, including design, construction, change and upgrades over time.
A new role of the Accountable Person for a high rise building is to be created. They will be the duty holder when a building is occupied, and they will have an ongoing duty to assess building safety risks. They will be required to take all reasonable steps to prevent a major incident in the building as a result of these risks.
Prior to occupation the building will have to be registered with the Regulator. The Accountable Person will have to obtain a Building Assurance Certificate confirming the building is fit for occupation. This will require the preparation and submission of a ‘Safety Case Report’ to the Regulator which demonstrates how building safety risks are being identified, mitigated and managed on an ongoing basis. The Regulator will only issue a Building Assurance Certificate if satisfied the Accountable Person is complying with all their duties.
The Accountable Person will have to display the Building Assurance Certificate prominently in the building. They will also be required to appoint a competent Building Safety Manager to support them in managing day-to-day fire and structural safety risks in the building. The Regulator will have the power to veto this appointment, which has to be formally notified to them.
There will also be duties placed on the Accountable Person to develop a residents’ engagement strategy to promote the involvement of residents and owners of flats in the building, in the making of building safety decisions to create a strong partnership with residents.
Importantly, the legislation will apply to existing buildings. Buildings which are already occupied will need to be registered. Unoccupied buildings will have to be registered before occupation.
Finally, the Bill sets out a new regulatory regime for construction products, strengthening controls on construction products marketed in the UK. Regulations will be created for designated products (products which perform to a designated standard), to create a list of safety critical products (where the failure of such products would result in death or serious injury), and for all construction products on the market not otherwise designated, which will be subject to a United Kingdom Technical Assessment, or on the list of safety critical products are subject to a general safety requirement.
It looks like there will be further changes affecting these sectors in the not too distant future as the Government is currently consulting on further fire safety reforms (until 12 October 2020) See: https://www.gov.uk/government/consultations/fire-safety
Look out for future updates from The Compliance People as these changes progress, and what this means for you and your business.
The Compliance People Consultant Dave Almond looks at steps the HSE is taking to assist businesses during the Covid-19 pandemic.
The UK Health and Safety Executive (HSE) has been taking a number of steps to support businesses and government during the current crisis.
It has also been supporting the efforts of the NHS, putting together a specialist team to ensure PPE being sourced is of the right quality.
The HSE has provided an update on the fit testing of face masks to avoid transmission during the Coronavirus outbreak. This relates to tight fitting respirators, such as disposable FFP3 masks and reusable half masks which require correct fitting so there is a good seal around the user’s face.
A useful video on how to put on respirators and fit them during the health crisis has been shared online by the HSE.
The HSE has also moved to relax some health and safety rules and provided industry guidance on staying legally compliant, as discussed below:
While proactive inspections have been put on hold during the crisis to comply with government advice, the HSE has stated that it will respond to serious issues which arise.
It has also added that where the HSE identifies employers who are not taking action to comply with the relevant PPE guidance to control public health risks (e.g. not taking appropriate action to socially distance or ensure workers in the shielded category can follow the NHS advice to self-isolate for the period specified), it will consider taking a range of actions to improve control of workplace risks; adding that this includes providing specific advice to employers through to the issue of enforcement notices.
As the situation with Coronavirus (COVID-19) continues to unfold it is likely that we will see further changes to the way businesses operate and are regulated.
Look out for future blog posts where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.
The Compliance People Consultant Kerry Hammick looks how waste PPE should be classified using the European Waste Catalogue (EWC) codes during Coronavirus (COVID-19)
The Coronavirus (COVID-19) pandemic has brought the topic of PPE to the fore; stories about PPE shortages, distribution issues, and safety standards have dominated the media headlines. We have seen unprecedented volumes of PPE being used and disposed of up and down the UK, and yet the question of how it should be correctly disposed of is less clear. To help clarify this matter, the Environment Agency (EA) has outlined its principles on how to code waste PPE generated from various settings.
The European Waste Catalogue (EWC) is a list of waste types, established by European Commission Decision 2000/532/EC which categorises wastes based on a combination of what the waste comprises of, and the process or activity that produces it. It is a standardised way of describing waste whereby individual waste types are assigned a six-digit code from one of the 20 waste chapters that make up the Catalogue. With the EWC, it must be remembered that the code given should always be based on the process that gave arising to the waste, for example, Chapter 18 of the EWC is purely for wastes generated from healthcare facilities / professionals. This is useful to bear in mind when coding PPE waste.
PPE such as general everyday masks and gloves that are not being used in a medical setting and are being separated out from the normal mixed waste stream with the intention of being collected separately should be classified as Chapter 15 waste, EWC code 15-02-03. It does not need to be classified as infectious or hazardous waste.
If the PPE waste is being disposed of in the ‘normal’ waste stream (which given the current circumstances, and the potential increase in this waste, is deemed as reasonable by the EA) then it would be disposed of as normal mixed waste coded under the relevant Chapter 20 code, EWC code 20-03-01. A specific waste code for the PPE contained within the waste stream is not required in this instance.
PPE would only be considered as infectious waste if it came from people who are confirmed positive with Coronavirus (COVID-19), who are showing symptoms (as a worst-case scenario), or has been used in a setting specifically dealing with Coronavirus (COVID-19) patients. In these instances, the waste PPE would be classified as infectious clinical waste within Chapter 18, EWC code 18-01-03. Public Health England has set out guidance on storing and disposing of such waste.
As the situation with Coronavirus (COVID-19) continues to unfold it is likely that there will be many more questions to address and changes to the way businesses operate. Look out for future blog posts where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.
If you have any further questions regarding how to classify and code waste, please get in touch.
Personal Protective Equipment (PPE) is a very topical subject in the media at the moment. We’re hearing about shortages, distribution issues, when PPE is needed, different types of PPE, and PPE safety standards for imported goods; now is perhaps as good a time as ever to look at what your organisational responsibilities are.
PPE is equipment which will protect the user or wearer against health risks or safety risks at work. By law, PPE must be provided to employees free of charge. Employers cannot pass on a charge for it. The main regulations governing the use of PPE in the workplace are the Personal Protective Equipment at Work Regulation 1992 and the Health and Safety at Work etc. Act 1974.
Examples of PPE include eye protection (e.g. safety visors or glasses), safety footwear, protective gloves, hard hats, safety harnesses, hearing protection, and respiratory protective equipment, known as RPE (which includes equipment ranging from disposable masks through to air fed respirators). PPE is typically used to reduce the risks in a number of scenarios, including protecting the lungs from inhaling contaminated air, the body from extremes of temperature, the skin from harmful substances, the eyes from flying particles, and the head from falling objects or materials.
PPE is just one way to reduce the risks from exposure to hazards. The law requires that businesses conduct risk assessments to identify such risks and assess whether there are sufficient measures in place to reduce the risks to employees and other people. Additional measures or controls might include engineering controls, safe systems of work, supervision, information provision or training.
PPE is a last resort in protecting workers against health and / or safety risks. Employers must use other reasonably practicable control measures to mitigate the risks if they are available before resorting to PPE.
As well as risk assessment, employers must provide suitable PPE to employees who may be exposed to a risk to their health or safety whilst they are at work. The PPE they provide must be appropriate for the work conditions, be ergonomic and fit the wearer correctly. It must control the risk involved without increasing the overall risk; it must also be compatible with other PPE where more than one item of PPE is worn, for example heating protection and safety headware.
An assessment should be carried out to identify PPE requirements to determine whether or not the proposed PPE is suitable. This should consider any risks not avoided by other means, the characteristics of the PPE required to eliminate the risks, and a comparison with the characteristics of the PPE.
PPE should carry CE marking which demonstrates that the manufacturer has checked that the product meets EU safety requirements.
Once PPE is in use, the employer must ensure that it is maintained, cleaned and replaced where appropriate and stored when not in use to prevent contamination or damage. Employers must also provide enough information, instruction and training for users so that they are aware of the risks it is designed to minimise and the way it should be used. They should show employees how to wear or use it correctly, how to look after it and make sure it is used correctly; this is particularly relevant for face masks or breathing apparatus.
In some situations, employees who use respiratory protective equipment (RPE) will need to undergo a face fit test to ensure that masks provide a correct fit to the individual. This must be carried out by a competent person and records should be maintained. The types of masks this affects includes disposable half masks, reusable filter half masks, powered respirators and full breathing apparatus masks. This fit testing is required under a number of regulations including The Control of Substances Hazardous to Health Regulations and The Control of Asbestos at Work Regulations.
Employees also have responsibilities. They must use the PPE supplied to them in line with the training and instruction provided to them by their employer. They must also report any loss of PPE or defective PPE to their employer immediately.
With the renewed focus on PPE, what better time to check you have suitable arrangements in your own workplace.
Jurisdiction: Republic of Ireland
Commencement: 24th March 2020
These Regulations implement European legislation which prevents the export of certain personal protective equipment (PPE) during the ongoing coronavirus pandemic.
This legislation implements Commission implementing Regulation (EU) 2020/402 making the exportation of certain products subject to the production of an export authorisation, which prevents the export of certain types of PPE outside the European Union. The objective is to preserve stocks of essential PPE within Europe during the Coronavirus (COVID-19) pandemic.
In order to assist EU Member States during the 2020 Coronavirus (COVID-19) pandemic, the European Commission has passed a directly acting Regulation (Commission implementing Regulation (EU) 2020/402 making the exportation of certain products subject to the production of an export authorisation). The EU Regulation requires that certain types of personal protective equipment cannot be exported outside the European Union unless an authorisation has been granted by the relevant competent authority in each Member State. (N.b. exports are still permitted to the UK during the Brexit transition period).
The European Union (Control of Exports of Personal Protective Equipment) Regulations 2020 provide that the Minister for Business, Enterprise and Innovation is the relevant competent authority for the Republic of Ireland.
The format for the export authorisation application form is set out in Schedule 1 to the Regulations.
Certain countries are excluded from the export ban i.e. PPE can be exported to the following countries without the need for prior authorisation:
The EU Regulation will only last 6 weeks from 20th March until 26th April 2020.
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