Morning All,

With the changes of the PPER 2022 (Apr), I have looked at the PPER, the HSE site and spoken to the IOSH tech desk, and not found the answer I am looking for, so thought I would open my question to the floor as well as emailing the HSE direct. 

I understand at times the regs etc cannot cater for every eventuality and this is why I have opened this question up to all other industries and H&S proffesionals. 

Could someone tell me 'factually' with a link, what duty is owed to the following when it comes to supplying PPE (But not off the HSE site as it does not cover what I need to know);

• Self employed (CIS Ltd companies and Ltd companies)
• Self employed that work for self employed employer that work for your buisness (ie tier 2)
• Sub-contractors that work for other employers on other projects as well as your buisness
• Sub-contractors that only work off a contractual aggreement (And do not meet the other requirments mentioned on the HSE site)

Currently I am providing PPE to everyone, apart from a couple of self reliant sub-contractors that work for others. 

Any guidance and advise on where to look would be greatful, but as previoulsy discussed I have looked at the PPER and HSE site and it does not answer the techincal questions I need to know.

Thanks in advance.

Hi Beeney

I think you are asking for the impossible - authoritative guidance on who is and isn't employed or self-employed in fluid circumstances.

Kate points to all the previous threads on these Forums where intelligent (but NOT authoritative) views have been aired as to the implications of the 2022 amendment regs.

However, the dividing line between employment and self-employment has been the subject of extensive case law for many decades, usually for tax reasons, with judgments usually being made on a case by case basis that gives you pointers to broad principles but rarely any authoritative guidance on what the decision might be if the scenario was only slightly different to that on which each judgment has been made.

Possibly a good idea to email HSE but you should not expect anything in reply (if any) other than reference to the amendment regulations and the HSE generic guidance on the topic, where the law is far from providing clarity for every set of circumstances.