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17.12.2024 | Legal foundations

EU Personal Protective Equipment Regulation

(EU) Regulation 2016/425 on personal protective equipment ensures that personal protective equipment (PPE) complies with European standards. Employers are required to provide this equipment if necessary and instruct employees accordingly. In the DACH region, there are additional laws in place that stipulate further conditions. Employees are entitled to PPE free of charge and share the responsibility for their own safety. Using the equipment correctly is vital for accident prevention.

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The Regulation on Personal Protective Equipment is essential for the effort of preventing accidents at work and to ensure safety at height.

A man wearing personal protective equipment that complies with EU regulations.

Personal protective equipment plays a crucial role in ensuring the safety of workers in various industries. The European PPE Regulation (EU) 2016/425 introduced in 2016 established updated quality requirements compared to the directive that had been in place before.  

These legal requirements ensure that PPE products meet the necessary standards for the protection of workers throughout the European market and protect against irreversible health damage in the workplace. In addition, the country-specific occupational health and safety laws set out all requirements and necessary measures for the use of personal protective equipment.

  

INNO Summary:

The Regulation (EU) 2016/425 of the European Parliament is a legal obligation applicable to all providers and users of PPE. In addition, country-specific legal framework conditions (occupational health and safety laws) as well as industry-specific regulations must be observed.

What is subsumed under PPE? 

  • Head protection such as hard hats for protection against falling objects, electric shocks or other hazards
  • Eye or face protection in the form of goggles, face shields, etc., which protect the eyes from chemicals, dust, sparks or other hazards
  • Hearing protection: Earplugs, hearing protection headphones or other devices that reduce noise and protect the auditory system from damage.
  • Respiratory protection: Respiratory masks, respirators or respiratory protection filters that prevent inhalation of harmful substances, vapours, gases or dust particles
  • Hand and arm protection: Gloves and protective arm covers or sleeves that protect against cuts, chemicals, heat or other injuries.
  • Foot and leg protection: Safety shoes or boots that protect the foot from shocks, penetration of tips or sharp objects and chemicals.
  • Body protection: Protective clothing such as protective suits, aprons or overalls that protect against chemicals, heat, fire or other bodily hazards.
  • Belts, lanyards and anchor points for fall protection

 

These are only some examples that are covered by the PPE Regulation. Harmonised standards of the European Union (EN) set forth the concrete requirements imposed on personal protective equipment against falls from a height. Here is more information on EN 795.  

Employers should gauge the risks in the workplace with a risk assessment and provide appropriate PPE. In addition, a thorough briefing of employees in the correct use and servicing of the equipment is a necessary organizational measure. Protective equipment within the meaning of the last point listed above - i.e. equipment used for fall protection - is the focus of the text below.

PSA-STRING

PERSONAL PROTECTIVE EQUIPMENT PPE

Intuitive use, optimum comfort, top quality: Just some of the characteristics of our anti-fall harness systems. The PPE STRING harness system is available in ...

PPE LANYARDS

PERSONAL PROTECTIVE EQUIPMENT PPE

PPE LANYARDS are the secure connection to INNOTECH anchor points. There are a number of variations which fulfil the respective requirements in terms of operation and loading.

PPE ASSOCIATED EQUIPMENT

PERSONAL PROTECTIVE EQUIPMENT PPE

PPE ASSOCIATED EQUIPMENT from INNOTECH is the ideal addition to the INNOTECH harness models. Their purpose is to extend the use of the harnesses in their respective applications, and they provide practical solutions for cable access ...

Regulation (EU) 2016/425 on personal protective equipment

The PPE Regulation of the European Commission defines uniform PPE categories throughout Europe. It lays down guidelines for the training provided by the employer along with specific requirements for the Declaration of Conformity. Although the legal requirement is primarily aimed at manufacturers and distributors, employers are also obliged to ensure that the PPE used meets these minimum safety requirements in order to protect employees from accidents.

The importance of high-quality protective equipment for the protection of workers must never be underrated: It can, in the worst case, make the difference between life and death. By complying with the PPE Regulation and ensuring the quality requirements, employers in the European Union uphold the necessary occupational health and safety standards.

INNO Worth knowing:

If you as the employer wish to make certain that your PPE complies with the standardized conformity assessment procedure, you should pay attention to the CE marking. The CE marking is a symbol of quality and safety. It also serves as a guide for users that helps them recognize reliable and tested PPE.

The Austrian “Regulation on Personal Protective Equipment”

In a matter of speaking, the European directive serves as the basis for specific national laws. In Austria, basic occupational health and safety regulations are governed by the Employee Protection Act (ASchG). Article 69 explicates the topic of Personal Protective Equipment. However, Section 1 / Articles 1 – 18 is also relevant for the context of risk assessment and the measures necessary to ensure that employees are protected. One central aspect of the ASchG is the protection from accidents and occupational illnesses.

Equally relevant in Austria is the “Ordinance on Personal Protective Equipment”. In section 1, this PSA-V sets out in more specific detail the ASchG requirements for operational risk assessments with regard to PPE. In section 2, it defines the individual types of PPE according to the classification of distributor regulations and the current state of the art and work design. The most significant hazards and strains for different types of PPE are listed separately, and, if these risks cannot be sufficiently eliminated or minimised, the ordinance calls for the selection of suitable PPE that must be made available to employees.

Whether the legal regulations are actually complied with is verified in Austria by, among others, the Allgemeine Unfallversicherungsanstalt (Austrian accident insurance institution - AUVA). However, this institution also sees itself as a partner and advisor for employers who require support and assistance with the implementation and installation of optimal fall protection systems, including personal protective equipment against falls from a height. See also the publication “Personal Protective Equipment (PPE)” of the AUVA.

 

The German “PPE Usage Regulation” 

In Germany, the legal basis for PPE is formed by the Arbeitsschutzgesetz (industrial protection law - ArbSchG). One sub-item in this body of rules is the "Personal Protective Equipment Usage Regulation (PPE-BV)”, containing explanations of the "general requirements for occupational safety and the responsibilities of employers". The latter are required to provide appropriate protective equipment as necessary.

The Betriebssicherheitsverordnung (Ordinance on Industrial Safety and Health - BetrSichV) sets out all requirements imposed on safety and health protection during the use of work equipment. Among other stipulations, section 2 deals with the risk assessment as well as with the necessary protective measures/the basic obligations of the employer.

Aside from general provisions, the ordinance also regulates the specific situation that arises from the collaboration of different employers. The German counterpart to the AUVA is called DGUV. More details on the DGUV (German Statutory Accident Insurance) can be found here: Using personal protective equipment against falls from a height.

  

The Swiss ordinance 

In Switzerland, the protection of employees is laid down in the Arbeitsgesetz (Swiss Labour Law - ArG). This law consists of two main parts: Health protection as well as the area of work and rest periods. Also legally binding is the Ordinance on the Prevention of Accidents and Occupational Illnesses (VuV), which contains stipulations on the protection of work forces in Switzerland.

The Swiss Accident Insurance Agency (SUVA) acts as the supervisory body. The detailed provisions of the SUVA regarding the correct use of personal protective equipment for protection against falls from a height can be found here: Anti-fall PPE: A lifesaver if used correctly

INNO Attention!

Legal violations may carry severe penalties. This is because the laws in Austria, Germany and Switzerland primarily serve to protect employees and are intended to prevent serious accidents.

Rights & obligations of employees

The PPE must be made available to employees free of charge. Employees have the right to contact the works council or other competent bodies in the event of danger or violations of the provisions of the ordinances and laws. It is important that these complaints be taken seriously and appropriate measures be taken.

In terms of safety at work, employees also have obligations, which are equally essential when it comes to ensuring the greatest possible safety in the workplace. They must be aware that they bear joint responsibility for their own safety. These responsibilities include the proper use of the personal protective equipment provided against falls from a height as well as compliance with all safety regulations and instructions set down by the employer.

Whether they concern mechanical hazards, thermal hazards, chemical hazards or the risk of falls from a height, the applicable requirements must not only be complied with by the equipment/the employer: the employees are jointly responsible for their own safety as well.

INNO Last, but not least:

It is absolutely crucial that all parties involved – employers and employees – whether in Austria, Germany or Switzerland, always take their legal obligations seriously and make their own active contribution to safety in the workplace. This is the only way to ensure that the right personal protective equipment (PPE) is provided and used effectively in a bid to avoid accidents and injuries.

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