Our Legal Updates

The Trade Union Congress (TUC), in April of this year, published a report, titled: ‘Personal protective equipment and women’, which was a culmination of a 2016 TUC survey of 2,655 workers and a 2016 Prospect/Women in Science and Engineering survey of 3,086 workers.[i] Research intended to establish how Personal Protective Equipment (PPE) is used by women in the emergency services, retail and manufacturing, engineering and scientific research industries, with results showing that, in many instances, PPE providers are failing to supply female workers with adequate protection.

The Personal Protective Equipment Regulations 2002 and the Personal Protective Equipment at Work Regulations 1992 (as amended) impose employers’ duties, namely that they must supply PPE (with training) to employees without cost and ensure their continuing suitability, so to guard off potential health and safety hazards. Under the Regulations, PPE extends from clothing one might expect, like hi-vis jackets and work boots, to more niche apparel, such as eye and ear protection, knee pads, safety harnesses, anti-stab jackets and respiratory protective equipment (RPE).

Inappropriate PPE can risk the injury of employees, but may also cause pain and general discomfort too. As women become increasingly visible in working environments where PPE is mandatory, if PPE design processes are still influenced by male bias and are inconsiderate to the vast physical differences that men and women exhibit, then female employees may be risking their occupational safety.  

Statistics obtained through the survey conveyed that:

  • Only 29% of women feel that the PPE they wear is tailored with their gender specific requirements in mind.
  • 57% of respondents believed their work was ‘sometimes’ or ‘significantly’ hampered by PPE, with 95% of emergency services staff holding this belief.
  • For those wearing protective trousers, 41% thought they were ‘inappropriate’, with only 10% claiming the opposite.
  • For those compelled to wear overalls, 35% deemed them to be ‘improper for the task at hand’, with just 10% satisfied.
  • Of the pregnant women questioned, 50% expressed that they were under pressure to adjust their work patterns and workloads in order to cope with a lack of suitable PPE.
  • Despite legal obligations underpinning employers, only 85% of women were regularly provided with PPE; and 10% of contributing employers failed to replace PPE when it was dysfunctional, while less than 50% paid for cleaning services to maintain PPE.[ii]

In a press release, at the end of April, General Secretary of the TUC, Frances O’Grady, was ‘shocked’ to read the written responses of women in front line services, many of whom had been precluded from carrying out their jobs ‘safely’, as they were not supplied with the ‘right protective clothing’. He highlighted the desperate need to ‘ensure protective uniforms come in men’s and women’s sizes’.[iii]

Concluding the report, the TUC suggests that, in order to drastically improve the provision of PPE for female workforces, employers should avoid approaching PPE suppliers who have failed to assess the appropriate functioning and adequate range of sizing that both male and female workers would need to perform their roles. Further, employees should be given the opportunity to model multiple types of PPE before issue and also provide feedback on their designated PPE after use, while employers should make sure to work closely with safety committees and labour union representatives to drive the overall progress of suitable PPE in the workplace.

 

[i] Elaine Knutt, ‘Women still put at risk by wrong PPE, TUC survey finds’ (8 May 2017 Health + Safety at Work) <https://www.healthandsafetyatwork.com/personal-protective-equipment/women-still-put-risk-wrong-ppe-tuc-survey-finds> accessed 6 June 2017.

[ii] ‘Personal protective equipment and women: Guidance for workplace representatives on ensuring it is a safe fit’ (April 2017 TUC) <https://www.tuc.org.uk/sites/default/files/PPEandwomenguidance.pdf> accessed 6 June 2017.

[iii] ‘UK study shows less than one-third of women workers have properly fitting PPE’ (1 June 2017 Safety + Health) <http://www.safetyandhealthmagazine.com/articles/15757-uk-study-shows-less-than-one-third-of-women-workers-have-properly-fitting-ppe> accessed 6 June 2017.