Neil Hewitt (NH): “The new PPE Regulation (EU) 2016/425 brings about the most significant changes to the rules surrounding PPE, since the introduction of the first Directive over 20 years ago. The changes are designed to improve ownership of those in the supply chain by clearly defining their legal obligation. As well as to strengthen the product type approval process, improve market surveillance and increase the requirements on certain PPE categories such as hearing protection, due to the potential for life changing injuries”.
(NH): “The transition requirements came into force on 21 April 2018, meaning all those responsible for the purchase of PPE must now ensure that their suppliers are able to meet the new regulatory requirements. The transitional period lasts for one year and means that until 21 April 2019 both the old Directive and the new Regulation will remain valid. Therefore, any products CE marked under Directive 89/686/EEC, can still be available on UK markets until 2019. However, products with an EC type-examination certificate will remain valid until 21 April 2023, unless the state of the art or standard has changed, the certificate expires before that date or changes have been made to the products safety features.”
(NH): “There are a number of changes that will affect safety managers including the shift of responsibility within the supply chain. From April this year, everyone involved in the manufacture, supply and distribution of PPE, is now referred to as ‘Economic Operators’ and are legally responsible to ensure products comply with standards. This will also include online retailers, retailers and generalist distributors who will need to assess the products compliance before making it available. Under the Regulation this is a clearly defined obligation and cannot be passed back into the supply chain.
“It’s important for safety managers to note that they will still be able to procure PPE in accordance with the old Directive until 21 April 2023 using a current EC type examinations certificate, however, the product must be compliant with the requirements of the regulation and an EU declaration of conformity must be available either with the product or at an identified website. If the certificate expires earlier than 21 April 2023 then the products must be removed from the market or recertified to the new Regulation. There are three exceptions to this position that will require all newly imported products after 21 April 2019 to be recertified to the new PPE regulation that those responsible for the purchase of PPE should be aware of:
1) Products where there has been a change in design or manufacture since their last EC Type Examination – ask your supplier for new certification;
2) Products where there has been a change in the state of the art or standards, always check to see if you are buying PPE to the most current standard. Gloves, for example;
3) Products that have changed category under the new Regulation. Check that the PPE which is now classified as CAT III is now recertified to the regulation. Hearing protection, for example.”
(NH): “The new regulation shouldn’t impact the relationship between safety managers and PPE manufacturers, however, purchasers should take a proactive approach to ensure the products they are purchasing for their workforce are compliant and meet all the regulatory requirements. If safety managers have purchased products to standards that have now been superseded, they will need to know what new product they have to purchase and any new assessments that need to be carried out.”
(NH): “The Regulation hasn’t applied any new duties to those purchasing PPE for use within their organisation, they are still legally required to adhere to the PPE at Work Regulations 1992.
“What’s more, apart from who the responsibility lies with there have been no changes to the penalties for not adhering to the Regulation. If an economic operator is found guilty of an offence under these Regulations, they could face large fines of up to £5,000 and/or even imprisonment for a term not exceeding three months. Manufacturers may also be required to recall and replace faulty product so the actual costs of non-compliance may be very much higher.
“Additionally, non-compliance may only be noticed after an accident or other incident in which case the manufacturer is very likely to also face civil or criminal proceedings resulting from the injuries sustained by the user.”
(NH): “To ensure Arco’s customers understood the changes, we ran an advisory campaign, which included three simple but crucial steps that purchasers of PPE should be asking suppliers to do:
“The main piece of advice, however, is to ensure you are using a reputable supplier.”
(NH): “Under the new Regulation, an EU Declaration of Conformity must either accompany each item of PPE or a web link to the digital version must be clearly shown on the product or user instructions. If the item you’re purchasing doesn’t include this, ask your supplier immediately. If you have any doubts, ask you supplier to define their process for ongoing sample testing and quality assurance – it’s their responsibility to ensure the product they are supplying is compliant.”
(NH): “For distributors like Arco, the new regulation brings added responsibility including checking the manufacturer’s instructions; ensuring the Declaration of Conformity is correct and arranging safe transport, as well as the requirement to be technically competent to assess a product before offering it for sale and having a robust system in place for situations where doubt has arisen about the safety characteristics of the item. What’s more, distributors have a responsibility to work closely with the competent authority such trading standards or the HSE to support them when they become aware of potential issues.
“As a safety expert and with the investment Arco has made in product assurance and in its own Product Assurance Laboratory, the company is well placed to meet the new obligations and to assure customers that they are buying from a reliable, fully compliant supplier.”
Really helpful. Thank you.
Insurance industry quotes that claims for noise induced hearing loss is fastest growing area.
Hardly surprising no-win no-fee on the case after the 2011 Baker v Quantum Clothing and Ors retrospective appeal court decision finding that simply compliance with existing “work exposure limits” insufficient when it should have been known that the risk was not being effectively mitigated. Can’t wait to see what will happen when work-stressors are included as an “industrial injury” as, the fur is gonna hit the fan when DSE operators start retrospective claims for eye-strain, CVS, Screen fatigue and the RSI’s under the WHO ICD heading of Asthenopia a condition not currently covered under employers liability insurance and the employer… Read more »
A good informative article, this change is geared towards Manufactures, Importers, Authorised Representatives and Distributors as indicated, however, the statement below indicates that the safety manager/purchaser has some responsibility, when “not to standard” product shouldn’t be on the market in the first place: “The new regulation shouldn’t impact the relationship between safety managers and PPE manufacturers, however, purchasers should take a proactive approach to ensure the products they are purchasing for their workforce are compliant and meet all the regulatory requirements. If safety managers have purchased products to standards that have now been superseded, they will need to know what… Read more »
Quite helpful insight for a major supplier of PPE to industry in a country where there are virtually no PPE Directives and Policy to protect workers.