5.4 State current relevant regulations and legislation relating to PPE

This guide will help you answer 5.4 State current relevant regulations and legislation relating to PPE.

Personal Protective Equipment (PPE) is a major part of keeping both staff and service users safe in health and social care. It covers items such as gloves, aprons, masks, visors, gowns and safety footwear. There are laws and regulations in the UK that set clear standards on PPE. Understanding them means you can work safely and meet legal duties.

Using PPE in the right way reduces risks from infection, hazardous substances and workplace injuries. It is not just about wearing it but choosing the correct PPE for each task, using it properly and disposing of it safely. Compliance is a legal requirement, not a choice.

This guide looks closely at the core regulations and legislation relating to PPE in UK health and social care settings. You will see what each covers and how it affects your work.

Health and Safety at Work etc. Act 1974

This law is the base for workplace health and safety in the UK. It states that employers must protect workers as far as is reasonably practicable. This includes the supply and use of PPE when other control measures cannot fully remove risks.

Key points for PPE under this act:

• Employers have a duty to provide PPE free of charge when it is required for safety.
• PPE must be suited to the hazards and fit the user properly.
• Training must be given so staff know how to use PPE.
• PPE must be maintained and replaced as needed.
• Workers have a duty to use PPE properly and follow safety instructions.

Under this act, PPE is one of the last lines of defence after other measures such as safe systems of work have been put in place.

Personal Protective Equipment at Work Regulations 1992 (as amended 2022)

These regulations detail how PPE must be selected, used and maintained. The 2022 amendment extended PPE duties to cover certain workers who are self-employed or have similar work arrangements.

Main requirements:

• Carry out a risk assessment to decide if PPE is needed.
• Choose PPE that gives adequate protection against the identified hazard.
• Make sure PPE fits the user and does not make other hazards worse.
• Provide clear instructions on how to use PPE.
• Keep PPE clean, in good condition and store it correctly.
• Replace PPE when damaged or worn out.

The regulations make it clear that PPE is only effective if it is properly selected, fitted and used every time it is needed.

Control of Substances Hazardous to Health Regulations (COSHH) 2002

COSHH applies when workers may be exposed to harmful substances such as cleaning chemicals, medical substances or infectious material. PPE is required when other controls such as ventilation or safe handling methods cannot entirely remove the risk.

Important points:

• Employers must assess exposure risks from hazardous substances.
• PPE must protect against those specific substances.
• Gloves, goggles, masks and protective clothing may be used under COSHH controls.
• PPE must be compatible with other safety measures such as respirators or protective screens.
• Training must cover the safe use, removal and disposal of PPE to avoid contamination.

Infection prevention in care settings often relies on PPE as part of COSHH controls.

Control of Infection Legislation

In health and social care, infection prevention is guided by the Health and Social Care Act 2008 (Regulated Activities) and the Code of Practice on infection prevention and control. This is supported by guidance from the UK Health Security Agency (UKHSA).

Under these rules:

• PPE is used to protect both workers and service users from cross-infection.
• PPE items such as gloves, aprons, gowns, masks and eye protection are used depending on the level of risk.
• Staff must follow infection control procedures and wear PPE in high-risk situations like wound care or personal care when exposure to bodily fluids is possible.
• Safe disposal of single-use PPE is required to prevent spread of infection.

These requirements are checked by regulators such as the Care Quality Commission (CQC).

The Management of Health and Safety at Work Regulations 1999

These regulations require employers to carry out risk assessments and manage safety measures. PPE is one control measure used when risks cannot be removed completely.

Key PPE duties:

• Assess tasks to see if PPE is needed.
• Make PPE part of an overall risk control plan.
• Train staff to recognise when PPE is required.
• Supervise to make sure PPE is worn correctly.

This regulation focuses on planning and managing risks so that PPE use is consistent and effective.

PPE Standards and British Standards

Some PPE must meet British Standards or include UKCA marking to show it meets legal safety requirements. For example:

• Protective gloves must meet standards for resistance to chemicals or cuts.
• Respirators must meet EN standards for filtration.
• Eye protection must meet impact resistance standards.

Employers must choose PPE that complies with recognised safety standards. This ensures PPE has been tested and proven to work under set conditions.

Equality Act 2010

Under the Equality Act, employers must make reasonable adjustments if standard PPE does not meet the needs of a worker. For example:

• Providing PPE in different sizes or styles for comfort and fit.
• Offering PPE suitable for staff with disabilities.
• Ensuring PPE can be worn with religious clothing such as head coverings.

The act makes sure that PPE provision does not disadvantage workers or prevent them from carrying out tasks safely.

Waste Regulations and PPE Disposal

Used PPE can be hazardous waste. The Environmental Protection Act 1990 and Waste (England and Wales) Regulations 2011 apply to PPE disposal.

Main points:

• Single-use PPE should be disposed of in designated waste bags, often yellow clinical waste bags.
• PPE used in infection risk areas must be treated as clinical waste.
• Employers must have correct waste contracts for collection and disposal.
• Staff must follow procedures for removing PPE without contaminating themselves.

Safe disposal is as important as correct use. Failing to dispose of PPE correctly can spread infection or cause environmental harm.

Training and Guidance Linked to PPE Regulations

Regulations often refer to official guidance. For example:

• Health and Safety Executive (HSE) PPE guidance explains practical steps for compliance.
• UKHSA gives advice on PPE use in infection control.
• Social care employers use local policies based on national guidance.

Training sessions must help staff understand the legal requirements and how these apply to daily work. Good training covers fitting, safe removal, storage, cleaning and recognising when PPE is no longer safe to use.

Responsibilities of Employers

Employers must:

• Identify risks that need PPE control.
• Provide correct PPE free of charge.
• Keep PPE in working order.
• Train staff to use PPE properly.
• Replace damaged or worn PPE promptly.
• Monitor PPE use to make sure rules are followed.

Failure to meet these duties can lead to legal action, fines and risk to health.

Responsibilities of Workers

Workers must:

• Wear PPE when required.
• Use PPE as instructed.
• Keep PPE clean and store it properly.
• Report any damage or faults.
• Take part in PPE training.
• Avoid actions that make PPE less protective such as removing it too soon.

These duties protect both the worker and service users.

Enforcement of PPE Regulations

The regulations are enforced by bodies such as:

• Health and Safety Executive (HSE)
• Local authority environmental health teams
• Care Quality Commission (CQC) for social care regulation

Inspectors can visit workplaces, check PPE provision and use, and take enforcement action if laws are broken.

Common Workplace Scenarios Involving PPE

In health and social care, PPE use may be needed in situations like:

• Personal care involving washing and dressing service users
• Cleaning and handling waste
• Supporting service users with wounds or medical treatment
• Handling soiled bed linen or clothing
• Working in areas with infectious persons
• Using strong cleaning chemicals

Different PPE is used for each scenario based on risk assessment.

Challenges in PPE Use

Some issues can affect PPE effectiveness:

• Poor fit leading to gaps in protection
• PPE not worn consistently
• Lack of training on proper use
• Inadequate supply of PPE
• Discomfort leading to incorrect removal
• PPE interfering with communication or manual work

These challenges can be managed through better training, checking PPE before use and involving staff in PPE selection.

Final Thoughts

PPE regulations and legislation in UK health and social care form a clear system that protects workers and service users from harm. They set out duties for employers and workers and require PPE to be selected and used based on risk. These laws cover not just wearing PPE but ensuring it fits, is maintained and disposed of safely.

By understanding the current regulations, you can meet legal requirements and work more safely. PPE is not a replacement for other safety measures but a vital part of a layered approach to protection. Always follow your workplace policies, keep up to date with guidance and report any problems with PPE immediately. In health and social care, correct PPE use supports safety, quality care and compliance with the law.