摘要: |
The Personal Protective Equipment at Work Regulations 1992 (PPER 1992) transposed the EU Directive 89/656/EEC of 30 November 1989 into UK law. However, in November 2020, the High Court ruled it was not done adequately because PPER 1992 left out casual workers known as limb (b) workers. This High Court judicial review action was brought by the Independent Workers Union of Great Britain (IWGB) against the secretaries of state for the Department for Business, Energy and Industrial Strategy (BEIS) and the Department for Work and Pension (DWP). It forced the Government to act to ensure limb (b) workers have the same rights with respect to PPE as employees. As a result, the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022) comes into force on 6 April 2022 to amend PPER 1992. The types of duties and responsibilities of employers and employees will remain unchanged but will extend to limb (b) workers, as defined in PPER 2022. Generally, limb (bl workers: 1. carry out casual or irregular work for one or a number of organisation(s) 2. receive holiday pay, but not other employment rights such as the minimum period of statutory notice, after one month of continuous service 3. only carry out work if they choose to 4. have a contract or other arrangement to do work or services personally for a reward (the contract doesn't have to be written) and they only have a limited right to send someone else to do the work, for example, swapping shifts with someone on a pre-approved list (subcontract) 5. are not in business for themselves lthey do not advertise services directly to customers who can then also book their services directly). |