Posted By Dave Merchant
I agree the legislation is confusing... I should've used the full titles in my original post as i was referring to the (EC Directive) Regs rather than the (at Work) regs.
The PPE at Work Regs 1992 [PPEAW], now amended several times by everything from the Police Act to the 2002 Miscellaneous Amendments Regs, cover the concepts of "providing" and "enforcing use of" PPE. Because of bad timing, they arrived just before the PPE Directive stage 1 edit did, and so were almost instantly outdated in the way they handled *product* compliance and safety. The PPE (EC Directive) Regs 1992 [PPEEC] closed that hole, and defined that:-
"...any question as to whether products to which the Directive applies are unsafe shall be determined in accordance with the Directive."
This transfers _all_ product compliance, instructions and performance issues *from* PPEAW to PPEEC, and PPEEC has subsequently been amended over and over again, resulting in the Personal Protective Equipment Regulations 2002 [PPER]. It's no mistake that the 2002 version has a different title, and omits the words 'at work' - as it applies to products used anywhere and for any purpose, including personal and recreational. It also expands into some of the territory of PPEAW which isn't correctly mirrored in PUWER. Remember that despite the "consumer protection" title to the newer SIs, they all originate in amendments to PPEAW ad PUWER. The reason for the reclassification is that "consumer protection" covers both workplace AND personal users, but "health and safety" doesn't.
PPEAW is, in effect, a backwater caused by Brussels updating something at the same time we tried to publish it into law. 75% of what it says is also in PUWER, and the rest is in PPER or the newer case-specific Regs such as COSHH, Control of Lead, Noise, etc.
In terms of the topic of this thread, the question was not "Should a person be provided with a hat?" [covered by PPEAW and CHPR], or "Should that person be forced to wear the hat?" [PPEAW and PUWER], but instead it's "HOW can the person wear the hat?". _That_ is a PPER issue, as it relates to product safety compliance and modification, therefore takes the diversion to the PPER stream created by the quote above.
{...goes to get another cup of coffee...}