The legal framework
Regulation 4 of the PPE at Work Regulations 1992 requires the supply of suitable PPE wherever a risk to health or safety cannot be controlled by other means. 'Suitable' includes appropriate for the conditions, ergonomically compatible with the wearer, and effective against the relevant risk. Regulation 7 requires maintenance and replacement; regulation 9 requires training in use.
PPE is the last line of defence
Section 5 of the Management of Health and Safety at Work Regulations 1999 requires risk to be controlled by elimination, substitution, engineering controls, administrative controls, and only then PPE. Reliance on PPE without considering the higher tiers of the hierarchy is itself a breach.
Common PPE failures
Cheap gloves that do not meet BS EN 388 cut-resistance ratings on a knife-work line; safety boots without steel toe-cap protection for warehouse work; hard hats issued once and never replaced after impact; respiratory protection given without face-fit testing in breach of HSE OC 282/28; eye protection that mists up because no anti-fog grade was provided; hi-vis that is faded or damaged.
The 2022 amendment — workers and limb (b) workers
The PPE at Work (Amendment) Regulations 2022 extended employer PPE duties beyond traditional employees to so-called 'limb (b) workers' — those who provide services personally but are not in business on their own account. This includes many gig-economy workers and casual staff. See HSE guidance on PPER 2022.
Evidence in a PPE failure claim
The PPE issue register (or its absence); the PPE risk assessment; manufacturer specifications versus the task hazards; replacement records; face-fit test certificates for RPE; and witness evidence of any complaints made and ignored. Photograph the PPE and the injury before the PPE is taken away by the employer.
Can my employer charge me for PPE?
No. PPE supplied because of work risks must be free under section 9 of HSWA 1974 and regulation 4(4) of the PPE Regulations 1992.
What if I refused to wear the PPE?
Failure to wear PPE may reduce damages for contributory negligence but does not extinguish the claim if the employer did not enforce PPE use or train you in why it mattered.
Does this apply to face masks (RPE)?
Yes — respiratory protective equipment is PPE. Face-fit testing is mandatory for tight-fitting masks; supplying RPE without it is a breach.
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.