The Personal Protective Equipment (EC Directive) Regulations 1992

• Citation: S.I. 1992/3139
• Sections: 114

Section 1 Citation and commencement

These Regulations may be cited as the Personal Protective Equipment (EC Directive) Regulations 1992 and shall come into force on 1st January 1993.

Section 2 Interpretation

In these Regulations—

“the Directive” means Council Directive 89/686/ EEC on the approximation of the laws of the Member States relating to personal protective equipment , a copy of which is printed in the Schedule to these Regulations;

Section 3 Scope, Placing on the Market and Free Movement

(1) The Directive shall have effect within the United Kingdom for the purpose of laying down the conditions governing the placing of products to which the Directive applies on the market and their free movement within the Community and the basic safety requirements which such products must satisfy in order to ensure the health protection and safety of users.

(2) For the purposes mentioned in paragraph (1) above—

(a) section 13 of the Consumer Protection Act 1987 (prohibition notices and notices to warn) shall (to the extent that it does not already do so) apply in relation to products to which the Directive applies as it applies in relation to relevant goods under that section;

(b) these Regulations shall constitute safety provisions for the purposes of section 14 of that Act (suspension notices) and sections 16 and 17 of that Act (forfeiture); and

(c) a weights and measures authority in Great Britain or a district council in Northern Ireland shall have the same duty to enforce these Regulations as it has in relation to Part II of that Act, and Part IV of that Act shall apply accordingly.

(3) For the purposes of paragraph (2)(a) above any question as to whether products to which the Directive applies are unsafe shall be determined in accordance with the Directive.

(4) Paragraph (2)(c) above is without prejudice to the duty of the Health and Safety Executive in relation to section 6 of the Health and Safety at Work etc. Act 1974 or, in Northern Ireland, the duties of the Department of Economic Development and the Department of Agriculture in relation to Article 7 of the Health and Safety at Work (Northern Ireland) Order 1978 (general duties of manufacturers as regards articles and substances for use at work); and no action shall be taken by virtue of that paragraph before 1st January 1994 unless it could have been taken otherwise than by virtue of these Regulations.

(5) Nothing in any enactment or rule of law shall prevent the placing on the market of products to which the Directive applies in accordance with the Directive.

Section 4 Certification and Monitoring Procedures

The Secretary of State shall, in accordance with the Directive, approve one or more bodies for the purposes of carrying out the certification and monitoring procedures laid down in the Directive and shall withdraw his approval from such a body if he establishes that the latter no longer satisfies the criteria set out in the Directive.

Section 1

PPE designed and manufactured specifically for use by the armed forces or in the maintenance of law and order (helmets, shields, etc.).

Section 1 GENERAL REQUIREMENTS APPLICABLE TO ALL PPE

PPE must provide adequate protection against all risks encountered.

Section 1.1.1 Ergonomics

PPE must be so designed and manufactured that in the foreseeable conditions of use for which it is intended the user can perform the risk-related activity normally whilst enjoying appropriate protection of the highest possible level.

Section 1.1.2.1 Highest level of protection possible

The optimum level of protection to be taken into account in the design is that beyond which the constraints imposed by the wearing of the PPE would prevent its effective use during the period of exposure to the risk or normal performance of the activity.

Section 1.1.2.2 Classes of protection appropriate to different levels of risk

Where differing foreseeable conditions of use are such that several levels of the same risk can be distinguished, appropriate classes of protection must be taken into account in the design of the PPE.

Section 1.2.1 Absence of risks and other ‘inherent’ nuisance factors

PPE must be so designed and manufactured as to preclude risks and other nuisance factors under foreseeable conditions of use.

Section 1.2.1.1 Suitable constituent materials

PPE materials and parts, including any of their decomposition products, must not adversely affect user hygiene or health.

Section 1.2.1.1 Satisfactory surface condition of all PPE parts in contact with the user

Any PPE part in contact or in potential contact with the user when such equipment is worn must be free of roughness, sharp edges, projections and the like which could cause excessive irritation or injuries.

Section 1.2.1.3 Maximum permissible user impediment

Any impediment caused by PPE to movements to be made, postures to be adopted and sensory perception must be minimized; nor must PPE cause movements which endanger the user or other persons.

Section 1.3.1 Adapation of PPE to user morphology

PPE must be so designed and manufactured as to facilitate correct positioning on the user and to remain in place for the foreseeable period of use, bearing in mind ambient factors, movements to be made and postures to be adopted. For this purpose, it must be possible to optimize PPE adaptation to user morphology by all appropriate means, such as adequate adjustment and attachment systems or the provision of an adequate size range.

Section 1.3.2 Lightness and strength

PPE must be as light as possible without prejudicing design strength and efficiency.

Apart from the specific additional requirements which they must satisfy in order to provide adequate protection against the risks in question (see 3), PPE must be capable of withstanding the effects of ambient phenomena inherent under the foreseeable conditions of use.

Section 1.3.3 Compatibility of different classes or types of PPE designed for simultaneous use

If the same manufacturer markets several PPE models of different classes or types in order to ensure the simultaneous protection of adjacent parts of the body against combined risks, these must be compatible.

Section 1.4 Information supplied by the manufacturer

In addition to the name and address of the manufacturer and/or his authorized representative established in the Community, the notes that must be drawn up by the former and supplied when PPE is placed on the market must contain all relevant information on:

(a) storage, use, cleaning, maintenance, servicing and disinfection. Cleaning, maintenance or disinfectant products recommended by manufacturers must have no adverse effect on PPE or users when applied in accordance with the relevant instructions;

(b) performance as recorded during technical tests to check the levels or classes of protection provided by the PPE in question;

(c) suitable PPE accessories and the characteristics of appropriate spare parts;

(d) the classes of protection appropriate to different levels of risk and the corresponding limits of use;

(e) the obsolescence deadline or period of obsolescence of PPE or certain of its components;

(f) the type of packaging suitable for transport;

(g) the significance of any markings (see 2.12).

These notes, which must be precise and comprehensible, must be provided at least in the official language(s) of the Member State of destination.

Section 1 Complete PPE ready for use

the quantity of heat transmitted by PPE to the user must be sufficiently low to prevent the heat accumulated during wear in the part of the body at risk from attaining, under any circumstances, the pain or health impairment threshold

Section 1 Complete PPE ready for use

the flux transmitted by PPE to the user must be sufficiently low to prevent the cold accumulated during wear at any point on the part of the body being protected, including the tips of fingers and toes in the case of hands or feet, from attaining, under any circumstances, the pain or health-impairment threshold;

Section 1 Safety devices for diving equipment

Breathing equipment

The breathing equipment must make it possible to supply the user with a breathable gaseous mixture, under foreseeable conditions of use and taking account in particular of the maximum depth of immersion.

Section 1

the manufacturer’s technical file consisting of:

(a) overall and detailed plans of the PPE accompanied, where appropriate, by calculation notes and the results of prototype tests in so far as necessary for the verification of compliance with the basic requirements;

(b) an exhaustive list of the basic safety requirements and of the harmonized standards or other technical specifications referred to in Articles 3 and 5, taken into account in the design of the model;

Section 1

availability of personnel and of the necessary means and equipment;

Section 2

PPE for self-defence (aerosol canisters, personal deterrent weapons, etc.).

Section 2.1 PPE incorporating adjustment systems

If PPE incorporates adjustment systems, the latter must be so designed and manufactured as not to become incorrectly adjusted without the user’s knowledge under the foreseeable conditions of use.

Section 2.2 PPE ‘enclosing’ the parts of the body to be protected

As far as possible, PPE `enclosing' the parts of the body to be protected must be sufficiently ventilated to limit perspiration resulting from use; if this is not the case, it must if possible be equipped with devices which absorb perspiration.

Section 2.3 PPE for the face, eyes and respiratory tracts

Any restriction of the user’s field of vision or sight by PPE for the face, eyes or respiratory tract must be minimized.

The degree of optical neutrality of the vision systems of these PPE classes must be compatible with the type of relatively meticulous and/or prolonged activities of the user.

If necessary, they must be treated or provided with facilities to prevent moisture formation.

PPE models intended for users requiring sight correction must be compatible with the wearing of spectacles or contact lenses.

Section 2.4 PPE subject to ageing

If it is known that the design performances of new PPE may be significantly affected by ageing, the date of manufacture and/or, if possible, the date of obsolescence, must be indelibly inscribed on every PPE item or interchangeable component placed on the market in such a way as to preclude any misinterpretation; this information must also be indelibly inscribed on the packaging.

If a manufacturer is unable to give an undertaking with regard to the useful life of PPE, his notes must provide all the information necessary to enable the purchaser or user to establish a reasonable obsolescence date, bearing in mind the quality level of the model and the effective conditions of storage, use, cleaning, servicing and maintenance.

Where appreciable and rapid deterioration in PPE performance is likely to be caused by ageing resulting from the periodic use of a cleaning process recommended by the manufacturer, the latter must, if possible, affix a mark to each item of PPE placed on the market indicating the maximum number of cleaning operations that may be carried out before the equipment needs to be inspected or discarded; failing that, the manufacturer must give this information in his notes.

Section 2.5 PPE which may be caught up during use

Where the foreseeable conditions of use include in paricular the risk of the PPE being caught up by a moving object thereby creating a danger for the user, the PPE must possess an appropriate resistance threshold above which a constituent part will break and eliminate the danger.

Section 2.6 PPE for use in explosive atmospheres

PPE intended for use in explosive atmospheres must be so designed and manufactured that it cannot be the source of an electric, electrostatic or impact-induced arc or spark likely to cause an explosive mixture to ignite.

Section 2.7 PPE intended for emergency use or rapid installation and/or removal

These PPE classes must be so designed and manufactured as to minimize the time required for attachment and (or) removal.

Any integral systems permitting correct positioning on, or removal from, the user must be susceptible of rapid and easy operation.

Section 2.8 PPE for use in very dangerous situations

The information notes supplied by the manufacturer together with PPE for use in the very dangerous situations referred to in Article 8(4)(a) must include, in particular, data intended for the exclusive use of competent trained individuals who are qualified to interpret them and ensure their application by the user.

They must also describe the procedure to be adopted in order to verify that PPE is correctly adjusted and functional when worn by the user.

If PPE incorporates an alarm which is activated in the absence of the level of protection normally provided, this must be so designed and accommodated as to be perceived by the user in the conditions of use for which the PPE is marketed.

Section 2.9 PPE incorporating components which can be adjusted or removed by the user

Any PPE components which can be adjusted or removed by the user for the purpose of replacement must be so designed and manufactured as to facilitate adjustment, attachment and removal without tools.

Section 2.10 PPE for connection to another, external complementary device

If PPE incorporates a system permitting connection to another, complementary, device, the attachment mechanism must be so designed and manufactured as to enable it to be mounted only on appropriate equipment.

Section 2.11 PPE incorporating a fluid circulation system

If PPE incorporates a fluid circulation system, the latter must be so chosen, or designed, and incorporated as to permit adequate fluid renewal in the vicinity of the entire part of the body to be protected, irrespective of user gestures, posture or movement under the foreseeable conditions of use.

Section 2.12 PPE bearing one or more identification or recognition marks directly or indirectly relating to health and safety

The identification or recognition marks directly or indirectly relating to health and safety affixed to these types or classes of PPE must preferably take the form of harmonized pictograms or ideograms and must remain perfectly legible throughout the foreseeable useful life of the PPE. In addition, these marks must be complete, precise and comprehensible so as to prevent any misinterpretation; in particular, when such marks incorporate words or sentences, the latter must appear in the official language(s) of the Member State where the equipment is to be used.

If PPE (or a PPE component) is too small to allow all or part of the necessary marking to be affixed, the relevant information must be mentioned on the packing and in the manufacturer’s notes.

Section 2.13 PPE in the form of clothing capable of signalling the user’s presence visually

PPE in the form of clothing intended for foreseeable conditions of use in which the user’s presence must be visibly and individually signalled must have one (or more) judiciously positioned means of or devices for emitting direct or reflected visible radiation of appropriate luminous intensity and photometric and colorimetric properties.

Section 2.14 ‘Multi-risk’ PPE

All PPE designed to protect the user against several potentially simultaneous risks must be so designed and manufactured as to satisfy, in particular, the basic requirements specific to each of those risks (see 3).

Section 2 Complete PPE ready for use

PPE must if necessary prevent liquid or steam penetration and must not cause burns resulting from contact between its protective integument and the user.

If PPE incorporates refrigeration devices for the absorption of incident heat by means of liquid evaporation or solid sublimation, their design must be such that any volatile substances released are discharged beyond the outer protective integument and not towards the user.

If PPE incorporates a breathing device, the latter must adequately fulfil the protective function assigned to it under the foreseeable conditions of use.

The manufacturer’s notes accompanying each PPE model intended for brief use in high-temperature environments must in particular provide all relevant data for the determination of the maximum permissible user exposure to the heat transmitted by the equipment when used in accordance with its intended purpose.

Section 2 Complete PPE ready for use

PPE must as far as possible prevent the penetration of such liquids as rain water and must not cause injuries resulting from contact between its cold protective integument and the user.

If PPE incorporates a breathing device, this must adequately fulfil the protective function assigned to it under the foreseeable conditions of use.

The manufacturer’s notes accompanying each PPE model intended for brief use in low-temperature environments must provide all relevant data concerning the maximum permissible user exposure to the cold transmitted by the equipment.

Section 2 Safety devices for diving equipment

Where the foreseeable conditions of use so require, the equipment must comprise:

(a) a suit which protects the user against the pressure resulting from the depth of immersion (see 3.2) and/or against cold (see 3.7);

(b) an alarm designed to give the user prompt warning of an approaching failure in the supply of breathable gaseous mixture (see 2.8);

(c) a life-saving suit enabling the user to return to the surface (see 3.4.1).

Section 2

a description of the control and test facilities to be used in the manufacturer’s plant to check compliance of production PPE with the harmonized standards or other technical specifications and to maintain quality level;

Section 2

technical competence and professional integrity of personnel;

Section 3

PPE designed and manufactured for private use against:

adverse atmospheric conditions (headgear, seasonal clothing, footwear, umbrellas, etc.),

damp and water (dish-washing gloves, etc.),

heat (gloves etc.).

Section 3.1.1 Impact caused by falling or projecting objects and collision of parts of the body with an obstacle

Suitable PPE for this type of risk must be sufficiently shock-absorbent to prevent injury resulting, in particular, from the crushing or penetration of the protected part, at least up to an impact-energy level above which the excessive dimensions or mass of the absorbing device would preclude effective use of the PPE for the foreseeable period of wear.

Section 3.1.2.1 Prevention of falls due to slipping

The outsoles for footwear designed to prevent slipping must be so designed, manufactured or equipped with added elements as to ensure satisfactory adhesion by grip and friction having regard to the nature or state of the surface.

Section 3.1.2.2 Prevention of falls from a height

PPE designed to prevent falls from a height or their effects must incorporate a body harness and an attachment system which can be connected to a reliable anchorage point. It must be designed so that under the foreseeable conditions of use the vertical drop of the user is minimized to prevent collision with obstacles and the braking force does not, however, attain the threshold value at which physical injury or the tearing or rupture of any PPE component which might cause the user to fall can be expected to occur.

It must also ensure that after braking the user is maintained in a correct position in which he may await help if necessary.

The manufacturer’s notes must specify in particular all relevant information relating to:

the characteristics required for the reliable anchorage point and the necessary minimum clearance below the user,

the proper way of putting on the body harness and of connecting the attachment system to the reliable anchorage point.

Section 3.1.3 Mechanical vibration

PPE designed to prevent the effects of mechanical vibrations must be capable of ensuring adequate attenuation of harmful vibration components for the part of the body at risk.

Under no circumstances must the effective value of the accelerations transmitted to the user by those vibrations exceed the limit values recommended in the light of the maximum foreseeable daily exposure of the part of the body at risk.

Section 3.2 Protection against (static) compression of part of the body

PPE designed to protect part of the body against (static) compressive stress must be sufficiently capable of attenuating its effects to prevent serious injury or chronic complaints.

Section 3.3 Protection against physical injury (abrasion, perforation, cuts, bites)

PPE constituent materials and other components designed to protect all or part of the body against superficial injury caused by machinery, such as abrasion, perforation, cuts or bites, must be so chosen or designed and incorporated as to ensure that these PPE classes provide sufficient resistance to abrasion, perforation and gashing (see also 3.1) under the foreseeable conditions of use.

Section 3.4 Prevention of drowning (lifejackets, armbands and lifesaving suits)

PPE designed to prevent drowning must be capable of returning to the surface as quickly as possible, without danger to his health, a user who may be exhausted or unconscious after falling into a liquid medium, and of keeping him afloat in a position which permits breathing while awaiting help.

PPE may be wholly or partially inherently buoyant or may be inflated either by gas which can be manually or automatically released or orally.

Under the foreseeable conditions of use:

PPE must, without prejudice to its satisfactory operation, be capable of withstanding the effects of impact with the liquid medium and the environmental factors inherent in that medium,

inflatable PPE must be capable of inflating rapidly and fully.

Where particular foreseeable conditions of use so require, certain types of PPE must also satisfy one or more of the following additional requirements:

it must have all the inflation devices referred to in the second subparagraph, and/or a light or sound-signalling device,

it must have a device for hitching and attaching the body so that the user may be lifted out of the liquid medium,

it must be suitable for prolonged use throughout the period of activity exposing the user, possibly dressed, to the risk of falling into the liquid medium or requiring his immersion in it.