PPE at Work in Ireland: Employer Duties Under the General Application Regulations 2007

Personal protective equipment (PPE) at work in Ireland is governed by Chapter 3 of Part 2 of the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), read with the Safety, Health and Welfare at Work Act 2005. In short: provide PPE where risks cannot be avoided or sufficiently limited by other means, choose it through a documented assessment, make sure it is compatible and kept in good condition, and tell and train your people. In general, the cost of PPE for use at work cannot be passed to employees (section 8(5) of the 2005 Act). This guide walks through each duty for employers, including Dublin-based offices, clinics, service firms and general workplaces. It is a plain-English overview, not legal advice.

If you want the wider picture of these Regulations first, see our overview of the General Application Regulations 2007.

What counts as PPE under the Regulations

Regulation 2(1) of the 2007 Regulations (read on the Law Reform Commission's revised version) defines personal protective equipment as all equipment designed to be worn or held by an employee for protection against one or more hazards likely to endanger the employee's safety and health at work. It includes any additions and accessories to the equipment, if so designed.

The definition expressly does not include:

• ordinary working clothes and uniforms not specifically designed to protect the safety and health of an employee;
• personal protective equipment for the purposes of road transport;
• sports equipment;
• self-defence equipment or deterrent equipment; and
• portable devices for detecting and signalling risks and nuisances.

So a standard office uniform is not PPE, but safety footwear, gloves chosen for a specific hazard or a respirator are. Schedule 2 to the Regulations contains non-exhaustive lists of body parts to protect, types of PPE and sectors or activities that may require PPE. The Schedule was replaced by the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2021 (S.I. No. 610 of 2021), so use the current Schedule on the Irish Statute Book rather than older copies.

Regulation 62: when PPE must be provided

Regulation 62(1) requires an employer to ensure that personal protective equipment is provided for use by employees where risks to their safety or health at the place of work cannot be avoided or sufficiently limited by technical means of collective protection or by measures, methods or procedures of work organisation. When providing PPE, the employer must take into account the appropriate matters specified in Schedule 2 (regulation 62(2)).

The practical consequence is an order of priority. The Health and Safety Authority (HSA) guide to Chapter 3 of Part 2 describes PPE as a last resort: hazards should first be removed at source, isolated, or controlled through technical, organisational or collective measures. The guide gives reasons, including that PPE protects only the wearer, that real-world protection can fall short of theoretical levels, that it can restrict the wearer and that it can create a false sense of safety. It also says that where risks are already low and adequately controlled, PPE is not required.

Regulation 62(3) requires PPE provided under the Regulations to comply with the relevant European Community directives and, since the 2021 amendment, European Union regulations on the design and manufacture of PPE for safety and health. The HSA guide (published in December 2007) refers to the earlier directive and Irish regulations in force at that time, so treat that part of the guide as dated and check current product requirements with the supplier and on official pages.

Because PPE depends on the risks you have identified, it should flow from your risk assessment and safety statement. Our guide to the safety statement and risk assessment under the 2005 Act covers that starting point.

Regulation 63: the PPE assessment

Before choosing any PPE required under Regulation 62, the employer must make an assessment to determine whether the equipment satisfies Regulations 62, 63 and 64. The assessment must consist of:

• an analysis and assessment of the risks present that cannot be avoided by other means;
• the definition of the characteristics the PPE must have to be effective against those risks, taking into account any risks the equipment itself may create; and
• a comparison of the characteristics of the PPE available with those required characteristics.

Regulation 63(3) requires the employer to review the assessment forthwith if there is an alteration in any of those matters, and to make any changes the review shows are needed. In practice that means revisiting the assessment when a process, chemical, task, supplier or product changes.

The HSA guide adds that employees should be consulted and involved in selection, and that PPE must suit the risk, the conditions, the demands of the job and the wearer, including any medical conditions. Its examples include hearing protection that must not block audible alarms, and chemical-splash goggles that do not protect the face from angle grinding. Our suggestion: record the assessment in the same place as your general risk assessments, with the product model and the reason it was chosen, so a later review is easy.

Regulation 64: conditions of use and compatibility

Where an employee must use PPE, the employer must determine the conditions of use, in particular how long it is worn, on the basis of the seriousness of the risk, the frequency of exposure, the characteristics of the employee's workstation and the adequacy of the PPE. The employer must ensure PPE is used only for the purposes specified, except in specific and exceptional circumstances. Where more than one item must be worn at the same time, the employer must ensure the items are compatible with each other and continue to be effective against the risks involved.

The HSA guide says the employer should reduce exposure times where feasible and consider ergonomic and health factors such as movement, visibility, breathing and skin irritation. It notes that medical advice may be needed for some conditions. It also gives the example of an employee who can no longer use latex gloves: reassess the risks and consider non-latex alternatives or reassigning the employee.

Regulation 65: personal use and hygiene

The employer must ensure that use of an item of PPE is normally confined to one employee. Where an item must be worn by more than one employee, use must not create health or hygiene problems for any user. The guide says shared items should be cleaned and disinfected. Regulation 65(2) places a duty on the employee to take all reasonable steps to ensure PPE is returned to storage after use.

Regulation 66: maintenance and replacement

The employer must ensure PPE is maintained at all times in good working order and in a satisfactory hygienic condition by means of any necessary storage, maintenance, repair or replacement. The regulation does not set inspection intervals. The HSA guide suggests examining PPE regularly, following the manufacturer's instructions, and keeping records where serious risks exist, such as breathing apparatus or safety harnesses. It also recommends safe, accessible storage, separate storage for items marked for repair or cleaning, suitable labelled containers for contaminated PPE and sufficient correct spare parts.

Regulation 67: information, instruction and training

Regulation 67 is headed Information, training and instruction. The HSA guide explains the duty: employees should be told what risks the PPE protects against and the level of protection it gives, and should receive adequate information, instruction and training, including in care and maintenance. It says the depth of training depends on the risk, with respirators needing comprehensive training and refreshers while gloves may need only a demonstration. Supervisors should understand why the PPE is needed, and use should be monitored, with non-use or misuse dealt with immediately.

Cost: PPE at no cost to employees

Section 8(5) of the Safety, Health and Welfare at Work Act 2005 requires every employer to ensure that any measures taken relating to safety, health and welfare at work do not involve financial cost to employees. Citizens Information (page last edited 25 August 2022) says employers should provide protective equipment free of charge if it is for workplace use only. The HSA guide says the employer may not require deposits or payment, and mentions limited situations such as use outside the workplace or retained equipment after employment ends, and that genuinely self-employed workers may be charged. Because those exceptions are fact-specific, check them against the guide and take advice before relying on one.

What employees must do

The HSA guide refers to section 13 of the 2005 Act, which requires employees to make correct use of protective equipment provided, having regard to their training and the employer's instructions. The guide also says employees should report defects in or damage to PPE immediately and tell their employer of any medical conditions that PPE use might affect. Our suggestion: make this clear in induction and supervision.

A practical approach for Dublin employers

These are our suggestions, not legal requirements:

• List tasks where PPE is currently used and ask whether a collective control could replace it.
• Keep a short PPE register by role: what is issued, why, when it was issued and when it is checked.
• Involve employees and safety representatives when trialling new products.
• Plan replacement stock and spares so that staff are never left without suitable equipment.
• Check how contractors and agency staff are supplied with PPE and agree who provides what.

For how the HSA can enforce, see our guide to HSA improvement and prohibition notices. Having your PPE assessments and training records to hand makes any such conversation simpler.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

Is PPE the first thing an employer should provide?

No. Regulation 62(1) applies where risks cannot be avoided or sufficiently limited by technical means of collective protection or by work organisation. The HSA guide calls PPE a last resort.

Can an employer charge staff for PPE?

Section 8(5) of the 2005 Act says safety measures must not involve financial cost to employees, and Citizens Information says PPE for workplace use should be free. The HSA guide mentions limited exceptions, so read it before relying on one.

How often must PPE be inspected or replaced?

Regulation 66 requires PPE to be kept in good working order and hygienic condition but does not set a number of days or months. The HSA guide suggests regular examination following the manufacturer's instructions.

Does PPE have to be CE marked?

Regulation 62(3) requires compliance with the relevant European directives and, since 2021, European Union regulations on design and manufacture. Check the current requirements for each product with the supplier and official pages.

Is a standard uniform PPE?

Not if it is an ordinary working garment not specifically designed to protect safety and health. Regulation 2(1) excludes those from the definition.

Review your PPE assessments against these six regulations, and keep the records where you can find them.