PPE & the Self-Employed
HSE have announced a change to the Personal protective equipment regulations, starting in April. It is designed to widen the responsibility for providing PPE to persons who are 'self-employed and therefore are not workers employed by a business.
The exact definition of these people are that they are what is (somewhat oddly!) called Limb(b) workers.
Generally, workers who come under this:-
§ carry out casual or irregular work for one (or more) organisations
§ have a contract or other arrangement (which doesn’t have to be written) to do work or provide services personally for a reward
§ only carry out work if they choose to i.e. have an ability to refuse offers of work
§ only have a limited right to send someone else to do the work, for example swapping shifts with someone on a pre-approved list
§ are not in business for themselves i.e. they do not advertise services directly to potential customers who can then also book their services directly
§ after 1 month of continuous service, receive holiday pay but not other employment rights such as the minimum period of statutory notice
Employers need carefully to consider whether the change to UK law apply to them and their self-employed operatives and make the necessary preparations to comply. As every employment relationship will be specific to the individual and employer, if in doubt, the precise status of any worker can ultimately only be determined by a court or tribunal.
The actual regulations setting out what has to be provided is contained at https://www.hse.gov.uk/pubns/books/l25.htm