Health and Safety
at Work (Construction) (Personal Protective Equipment) (Jersey) Regulations
2002[1]
1 Interpretation
In these Regulations, unless the context otherwise
requires –
“construction work” means the carrying out of any
building, civil engineering or engineering construction work and includes any
of the following –
(a) the
construction, alteration, conversion, fitting out, commissioning, renovation,
repair, upkeep, redecoration or other maintenance (including cleaning which
involves the use of water or an abrasive at high pressure or the use of
corrosive or toxic substances), decommissioning, demolition or dismantling of a
structure;
(b) the
preparation for an intended structure, including site clearance, exploration, investigation
(but not site survey) and excavation, and laying or installing the foundations
of the structure;
(c) the
assembly of prefabricated elements to form a structure or the disassembly of
prefabricated elements which, immediately before such disassembly, formed a
structure;
(d) the
removal of a structure or part of a structure or of any product or waste
resulting from demolition or dismantling of a structure or from disassembly of
prefabricated elements which, immediately before such disassembly, formed a
structure; and
(e) the
installation, commissioning, maintenance, repair or removal of the mechanical,
electrical, gas, compressed air, hydraulic, telecommunications, computer or
similar services which are normally fixed within or to a structure,
but does not include the exploration for or extraction of mineral
resources or any activities preparatory thereto carried on at a place where
such exploration or extraction is carried out;
“personal protective equipment” means all equipment
(including clothing affording protection against the weather) which is intended
to be worn or held by a person at work and which protects the person against
one or more risks to the person’s health or safety, and any addition or
accessory designed to meet that objective;
“structure” means –
(a) any
building, steel or reinforced structure (not being a building), railway line or
siding, tramway line, dock, harbour, tunnel, shaft, bridge, viaduct,
waterworks, reservoir, pipe or pipeline (whatever, in either case, it is
intended to contain), cable, aqueduct, sewer, sewage works, gasholder, road,
airfield, sea defence works, drainage works, earthworks, lagoon, dam, wall,
caisson, mast, tower, pylon, underground tank, earth retaining structure, or
structure designed to preserve or alter any natural feature, and any other
structure similar to the foregoing;
(b) any
framework, falsework, scaffold or other structure designed or used to provide
support or means of access during construction work; or
(c) any
fixed plant in respect of work which is installation, commissioning,
de-commissioning or dismantling and where any such work involves a risk of a person
falling more than 2 metres.
“suitable head protection” means personal protective
equipment which –
(a) is
designed to provide protection for the head, so far as is reasonably
practicable, against foreseeable risks of injury to the head to which the
wearer may be exposed;
(b) after
any necessary adjustment, fits the wearer; and
(c) is
suitable having regard to the work or activity in which the wearer may be
engaged.
2 Application
(1) These Regulations apply
to any person at work on construction work.
(2) These Regulations do
not apply in respect of personal protective equipment which is –
(a) ordinary
working clothes and uniforms which do not specifically protect the health and
safety of the wearer;
(b) an article
made, adapted or intended for use for causing injury to any person and used as
self-defence or as a deterrent;
(c) portable
devices for detecting and signalling risks and nuisances;
(d) used
for protection while travelling on a road (within the meaning of Article 1(1)
of the Road Traffic (Jersey)
Law 1956); or
(e) used
during the playing of competitive sports.
3 Provision,
maintenance and replacement of suitable head protection
(1) Every employer shall
provide each of his or her employees with suitable head protection and shall
maintain it and replace it whenever necessary.
(2) Every self-employed person
shall provide himself or herself with suitable head protection and shall
maintain it and replace it whenever necessary.
4 Ensuring
suitable head protection is worn
(1) Every employer shall
ensure so far as is reasonably practicable that each of his or her employees
wears suitable head protection unless there is no foreseeable risk of injury to
the employee’s head other than by falling.
(2) Every employer,
self-employed person or employee who has control over any other person shall
ensure so far as is reasonably practicable that each such other person wears
suitable head protection, unless there is no foreseeable risk of injury to that
other person’s head other than by falling.
5 Rules
and directions
(1) The person for the time
being having control of a site where construction work is being carried out
may, so far as is necessary to comply with Regulation 4, make rules
regulating the wearing of suitable head protection on that site.
(2) Rules made in
accordance with paragraph (1) shall be in writing and shall be brought to
the notice of persons who may be affected by them.
(3) An employer may, so far
as is necessary to comply with Regulation 4(1), give directions requiring the
employer’s employees to wear suitable head protection.
(4) An employer,
self-employed person or employee who has control over any other self-employed person
may, so far as is necessary to comply with Regulation 4(2), give
directions requiring each such other self-employed person to wear suitable head
protection.
6 Wearing
of suitable head protection
(1) Every employee who has
been provided with suitable head protection shall wear that head protection
when required to do so by rules made or directions given under Regulation 5.
(2) Every self-employed person
shall wear suitable head protection when required to do so by rules made or
directions given under Regulation 5.
(3) Every self-employed person
who is not under the control of another employer or self-employed person or of
an employee shall wear suitable head protection unless there is no foreseeable
risk of injury to his or her head otherwise than by his or her falling.
7 Provision,
maintenance and replacement of other personal protective equipment
(1) Every employer
shall –
(a) provide
suitable personal protective equipment other than head protection to his or her
employees who may be exposed to a risk to their health or safety while at work
except where and to the extent that such risk has been adequately controlled by
other means which are equally or more effective; and
(b) maintain
such equipment in an efficient state, in efficient working order and in good
repair and replace or clean it whenever necessary.
(2) Every self-employed person
shall –
(a) provide
himself or herself with suitable personal protective equipment other than head
protection where the self-employed person may be exposed to a risk to his or
her health or safety while at work except where and to the extent that such
risk has been adequately controlled by other means which are equally or more
effective; and
(b) maintain
such equipment in an efficient state, in efficient working order and in good
repair and replaced or clean it whenever necessary.
(3) Without prejudice to
the generality of paragraphs (1) and (2), personal protective
equipment is not suitable unless –
(a) it is
appropriate for the risk or risks involved, the conditions at the place where
exposure to the risk may occur and the period for which it is worn;
(b) it
takes account of ergonomic requirements and the state of health of the person
or persons who may wear it, and of the characteristics of the workstation of
each such person;
(c) it is
capable of fitting the wearer correctly, if necessary, after adjustments within
the range for which it is designed; and
(d) so
far as is practicable, it is effective to prevent or adequately control the
risk or risks involved without increasing overall risk.
(4) Where it is necessary
to ensure that personal protective equipment is hygienic and otherwise free of
risk to health, every employer and every self-employed person shall ensure that
personal protective equipment provided under this Regulation is provided for
individual use.
8 Compatibility
of personal protective equipment
(1) Every employer shall
ensure that where the presence of more than one risk to health or safety makes
it necessary for his or her employee to wear or use simultaneously more than
one item of personal protective equipment, such equipment is compatible and
continues to be effective against the risk or risks in question.
(2) Every self-employed person
shall ensure that where the presence of more than one risk to health or safety
makes it necessary for the self-employed person to wear or use simultaneously
more than one item of personal protective equipment, such equipment is
compatible and continues to be effective against the risk or risks in question.
9 Assessment
of personal protective equipment
(1) Before choosing any
personal protective equipment, an employer or self-employed person shall make
an assessment to determine whether it is suitable.
(2) The assessment required
by paragraph (1) shall involve –
(a) in
the case of personal protective equipment other than head protection, an
assessment of any risk or risks to health or safety which have not been avoided
by other means;
(b) the
definition of the characteristics which personal protective equipment must have
in order to be suitable and, where sub-paragraph (a) applies, effective
against the risks there referred to, taking into account any risks which the
equipment itself may create;
(c) comparison
of the characteristics of the personal protective equipment available with the
characteristics referred to in sub-paragraph (b); and
(d) an
assessment as to whether the personal protective equipment is compatible with
other personal protective equipment provided which is in use and which an
employee would be required to wear simultaneously.
(3) The person who made the
assessment required by paragraph (1) shall review it if –
(a) there
is reason to suspect that it is no longer valid; or
(b) there
has been a significant change in the matters to which it relates,
and where as a result of any such review changes in the assessment
are required, the person shall make such changes.
10 Accommodation
for personal protective equipment
Every employer or self-employed person shall ensure that appropriate
accommodation is available for personal protective equipment provided by virtue
of these Regulations when it is not being used.
11 Information,
instruction and training
(1) Where an employer is
required to provide personal protective equipment to an employee, the employer
shall ensure that the employee is provided with such information, instruction
and training as is adequate and appropriate to enable the employee to
know –
(a) the
risk or risks which the personal protective equipment will avoid or limit;
(b) the
purpose for which and the manner in which personal protective equipment is to
be used; and
(c) any
action to be taken by the employee to ensure that the personal protective
equipment remains in an efficient state, in efficient working order and in good
repair as required by these Regulations,
and shall also ensure that such information is kept available to
employees.
(2) Without prejudice to
the generality of paragraph (1) –
(a) the
information and instruction provided by virtue of that paragraph shall not be
adequate and appropriate unless it is comprehensible to the persons to whom it
is provided and kept available to them; and
(b) the
employer shall, where appropriate and if so, at suitable intervals, organise
demonstrations of the wearing of personal protective equipment.
12 Use
of personal protective equipment
(1) Every employer shall
take all reasonable steps to ensure that any personal protective equipment
provided to the employer’s employees by virtue of these Regulations is
properly used.
(2) Every employee shall
use any personal protective equipment provided to him or her by virtue of these
Regulations in accordance both with any training in the use of the personal
protective equipment concerned which has been received by the employee and the
instructions respecting that use which have been provided to the employee by
virtue of Regulation 11.
(3) Every self-employed person
shall make full and proper use of any personal protective equipment with which
he or she is required to provide himself or herself by virtue of these Regulations.
(4) Every employee who has
been provided with, and every self-employed person who provides himself or
herself with, personal protective equipment by virtue of these Regulations
shall take all reasonable steps to ensure that it is returned to the
accommodation provided for it after use.
13 Reporting
loss or defect
Every employee who has been provided with personal protective
equipment shall take reasonable care of it and shall forthwith report to his or
her employer any loss of or obvious defect in that personal protective
equipment.
14 Exemption
certificates
(1) Subject to paragraph (2),
the Minister may, by certificate in writing, exempt any person or class of
persons or any activity or class of activities from any requirement imposed by
these Regulations and any such exemption may be granted subject to conditions
and to a limit of time and may be revoked by a certificate in writing at any
time.
(2) The Minister shall not
grant any such exemption unless, having regard to the circumstances of the
case, and in particular to –
(a) the
conditions, if any, which the Minister proposes to attach to the exemption; and
(b) any
other requirements imposed by or under any enactment which apply to the case,
if the Minister is satisfied that the health and safety of persons
who are likely to be affected by the exemption will not be prejudiced because
of it.
15 Citation
These Regulations may be cited as the Health and Safety at Work
(Construction) (Personal Protective Equipment) (Jersey) Regulations 2002.