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Why must I use
Personal Protective Equipment - PPE?
Common Law
The
Health & Safety of employees is protected by numerous statutes and
by Common Law; the employer under Common Law has a duty to take
reasonable care of the Health and Safety of his employees. Failure
to do so could result in civil proceedings as a result of their
negligence.
Under Common Law the duty of care employers owe to their employees
is to provide;
1)
A safe place of work.
2)
A safe means of access to their place of
work.
3)
A safe system of work.
4)
Safe equipment and materials to work
with.
5)
Competent fellow employees.
The Health &
Safety at Work etc Act 1974.
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The main Health & Safety law in the UK is the Health & Safety at
Work etc. Act 1974.
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The Act was designed to overcome some earlier weaknesses of
earlier Health & Safety law.
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The Act ensures that all workers in all occupations are protected
by Health & Safety legislation.
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It
provides a broad framework within which Health & Safety can be
regulated by providing a comprehensive Act dealing with the
Health, Safety and Welfare of workers and the public.
The Act is split into various sections, such as;
Section
1 – This states the general purpose of the
Act.
Maintaining or improving standards of Health, Safety and Welfare of
people at work.
Protecting other people against risks to Health and Safety arising
out of work activities.
Controlling the storage and use of dangerous substances.
Section 2 – This places a
general duty on employers.
To ensure the Health, Safety and Welfare of their
employees; to consult with them concerning arrangements for joint
action on Health and Safety matters, and in certain circumstances,
at the request of a duly appointed or elected trade union Health and
Safety representative, to establish safety committees; and to
prepare and publicise a written statement of Health and Safety
policy and arrangements.
The Act also makes provision by regulations for the
appointment of trade union Health and Safety representatives by
recognised trade unions.
So
what does this mean for ‘Your Safety at work?’
The
employer must as far as reasonably practical provide:
1)
Safe plant, maintenance and systems of
work.
2)
Safe use, handling and transport of
articles and substances.
3)
Information, instruction, training and
supervision.
4)
A safe place of work and safe means of
access and egress.
5)
A safe working environment.
6)
Adequate welfare facilities.
7)
The appointment of Union
Safety Reps.
The Management of
Health and Safety at Work Regulations 1999.
This states that the employer must make an assessment of
risks to the Health and Safety of employees and others or, in the
case of self employed persons, the risk to themselves and others.
It
is extended to specifically include the risks to new or expectant
mothers.
The
purpose of the assessment is to identify action necessary to
illuminate or control the risk.
The aim of this regulation is to improve Health and Safety
management, and the duties fall upon both the employer and employee.
Your responsibilities;
Under the Health and Safety at Work Act;
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You are required when using equipment etc. to operate it, in
accordance with training and instructions given.
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You are also required to inform the employer about any serious
danger and health and safety short comings.
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You are required to take reasonable care to ensure that you do not
endanger yourself or anyone else who may be affected by your work
activities; and to co-operate with the employer and others in
meeting statutory requirements.
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You are not to misuse anything provided in the interests of health
and safety at work under statutory requirement.
Therefore perform your own onsite Risk Assessment before each and
every task you undertake – that way you will either eliminate or
control the risk.
If
the Risk can not be eliminated or effectively controlled then
contact your Manager. It may be possible that with the use of other
safe systems of work or PPE the risk can be removed or reduced.
Personal Protective
Equipment
The Health & Safety at Work etc. Act 1974
gives powers to make important sets or regulations (now normally
derived from European Directives)
The Personal Protective Equipment at Work Regulations 1992.
These regulations set out the principles for selecting, providing,
maintaining and using PPE.
PPE
should only be used as a last resort, If there is no way of
adequately controlling the risk, by any other means, then the
employer has a duty to provide suitable PPE **free of charge**
for those employees exposed to the risk it protects against.
Employer’s Duties.
1) Provide
PPE to employees who may be exposed to risks.
2) Ensure
the capability of PPE and its continued effectiveness when one or
more items of PPE are being worn.
3) Assess
the suitability of the PPE.
4) Maintain,
clean and replace PPE, to ensure it is in an efficient state,
working order and in good repair.
5) Provide
accommodation for PPE when it is not being used.
6) Provide
training, information and instruction to employees on the risks, use
of PPE and action needed by the employee to ensure that the PPE
remains effective. The information must be comprehensible to the
person to whom it is provided.
7) Ensure
that any PPE provided is properly used.
Employee’s
Duties.
1)
To use the PPE provided, in accordance
with the instruction and training received.
2)
Reporting any loss or obvious defect to
the employer. |
