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#1 Posted : 04 August 2004 11:58:00(UTC)
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Posted By Andrew Wood
Morning team,

Does anyone know of any "legal" requirement for an individual to be issued personal items of PPE, such as respirators? (good practice not with standing) Many thanks Andrew
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#2 Posted : 04 August 2004 14:01:00(UTC)
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Posted By Paul Adams
The requirement for RPE would be identified through risk assessment. Level of issue would depend on level of use. If issued to individuals, fit testing need only be done once and the individual can become responsible for maintenance. If issued each time it is required, then I think fit testing would be required on each issue. Also, maintenance and cleaning would need to be completed before and after each use. I used to work for an organisation involved in petrochemicals and we did a lot of measurement and sampling. Despite the individual cost, it worked better to provide each inspector with their own RPE which they then looked after. Another point if not personal issue, is monitoring level of use of cartridges as they have a finite life span. We gave 8 hours for varied chemical environments and monitored use ourselves. Hope this helps, others may be able to give better advice?
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#3 Posted : 04 August 2004 14:21:00(UTC)
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Posted By Jonathan Breeze
Agree that the provision of such should be subject to your COSHH Assessment.

Depending on the nature of the hazard, other Regs. may of course apply. (See Reg. 3)

Remember also that PPE/RPE is way down in the heirachy of controls & should only be used as a means of last resort until the hazard can be otherwise dealt with. (See Reg. 4 & Guidance)

Hope that helps you.
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#4 Posted : 04 August 2004 16:00:00(UTC)
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Posted By John Webster
I quote this from a report on a Employment Appeals tribunal in the case of Lane Group PLC & North Somerset Council v Brian Farmiloe

"First of all, the EAT considered the nature of the duty imposed by regulation 4 of the PPE Regulations. The starting point was that the PPE Regulations were a measure of last resort within the hierarchy of health and safety measures implementing the Framework Directive (89/656/EEC). Against that background the EAT construed the PPE Regualations as imposing an absolute duty on the employer, drawing an analogy with the decision of the Court of Appeal in Stark v. Post Office [2000] ICR 1013 in the context of the sister legislation, the Provision and Use of Work Equipment Regulations 1992.

This meant that once it was established that an employee remained exposed to a risk to health and safety at work that was not adequately controlled by other equally or more effective means, the employer was under a strict obligation to provide suitable personal protective equipment."

QED?

John
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