Inclusive PPE

Emma Hardy Excerpts

Tuesday 12th March 2024 Commons Chamber

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

There have been significant developments in both the design and use of personal protective equipment over the last few decades. UK workplaces are undoubtably safer as a result. The Personal Protective Equipment at Work Regulations 1992, now amended to the Personal Protective Equipment at Work Regulations (Amendment) 2022, were an important step forward. They placed a duty on every employer in Great Britain to ensure that suitable PPE is provided to employees who may be exposed to a risk to their health or safety while at work. Regulation 4(3) states that personal protective equipment shall not be suitable unless:

“(b) it takes account of ergonomic requirements and the state of health of the person or persons who may wear it;

(c) it is capable of fitting the wearer correctly, if necessary, after adjustments within the range for which it is designed”.

However, despite being revised seven times since coming into force, the regulations do not make specific mention of women, who I hardly need to remind the Minister comprise half the population, or to others with protected characteristics under the Equality Act 2010. That omission continues to have significant, real-world consequences.

The world is finally waking up to the fact that women are not just smaller men, whether that is in the design of crash test dummies or in the creation only three years ago of the first anatomically accurate female 3D physiological model for medical students. PPE needs to be designed with the female anatomy in mind. That also applies to the needs of others who are not catered for by a typical male body pattern.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for raising this issue; I spoke to her about it before the debate. It is so important for everyone to have access to PPE that fits correctly depending on the industry in which they work, including the female construction workers who the hon. Lady has referred to. Back home, I have been contacted by constituents about the provision of PPE for pregnant women who are still working towards the end of their pregnancies. Should not more consideration be given to ensuring that they have correctly fitting PPE, as they are more at risk from hazards and other safety concerns in the workplace? Let us do it right for them.

[Emma Hardy]

I completely agree. That is exactly what the debate is about—ensuring that everyone is safe while at work.

In September last year, the National Association of Women in Construction Yorkshire published a research report on women’s PPE in the construction industry. I pay tribute to its author, Katy Robinson. Not only is she a resident of my area, but she inspired the speech that I am making tonight. She is also the campaign manager of NAWIC Yorkshire, a voluntary role that she undertakes outside work. She told me that most PPE distributors do stock women’s PPE, but the issue sometimes lies with employers, despite such PPE being readily available on the market. Her study found that 59.6% of employers did not provide women-specific PPE, which resulted in women wearing PPE designed for men and led to issues relating to ill-fitting PPE.

Ill-fitting PPE was found to cause a range of health and safety issues, including increased slips, trips and falls, an increased risk of entanglement, a limited range of motion, decreased dexterity from gloves, and impaired vision from safety glasses. Worryingly, 42% of women reported experiences relating to ill-fitting PPE which had had an impact on their careers. Long-term health problems included plantar fasciitis, Morton’s neuroma and tendinitis from poorly-fitting safety boots, and injury from suspension trauma and circulation damage as a result of ill-fitting harnesses.

According to other studies, 40% of women have reported experiencing an injury or incident that they identified as being related to PPE, 32% have had to make alterations or adjustments to PPE to make it fit, 77% have been exposed to dangers because of ill-fitting PPE, and 57% have found that their PPE sometimes or significantly hampered their work.

Every study reported that the majority of PPE is designed for men, and is based on outdated information and measurements. It could be argued that that is due to a historical lack of women in some sectors of industry and that those sectors just need some time to “catch up”, but there are also issues involving ill-fitting PPE in female-dominated industries such as healthcare, where it became a headline issue during the covid-19 pandemic.

Inclusive PPE is defined as personal protective equipment that takes into consideration the user’s protected characteristics, and momentum for change is building. Katy Robinson, who I mentioned earlier, founded the PPE Campaign with the aim of addressing

“the widespread inequalities in PPE provision and design among minority groups across the construction industry and beyond”.

The Chartered Institute of Building has launched a “PPE that fits” campaign to drive awareness of the way in which ill-fitting PPE is affecting health and safety on site while also hampering the industry’s ability to attract and retain a more diverse workforce. The Considerate Constructors Scheme, which helps the construction industry to raise its standards through construction site accreditation, has mandated the requirement of women-specific PPE. SHP is running a campaign called “Protection for everyone” to raise awareness of the issue, and locally, East Riding of Yorkshire Council voted to urge the UK Government to enforce inclusive PPE in industries involving science, technology, engineering and mathematics. Arco, which is based in my constituency and a leading UK provider of health and safety products and PPE, recognises the need for change and fully supports the campaign to improve inclusivity. I understand that this campaigning is indeed leading to change and that an increase in women’s PPE provision has been seen since it began, but workers deserve a guarantee that they will be protected.

The Minister may say that the issues I have highlighted are covered by the regulations, but there is overwhelming evidence that as they stand, the regulations are not effective in ensuring that large numbers of workers are receiving the protection they need. Reference to the Equality Act 2010 can be found in guidance surrounding the regulations, but it is not statutory. Well-fitting PPE should not be seen as best practice; it should be the minimum standard. An increasing number of manufacturers are creating products designed for women, including maternity PPE, and those that do typically sell them at the same cost point as men’s. Unfortunately, some manufacturers still only make men’s PPE, meaning that they can sell them at a cheaper cost point, as there is more demand for it and they make a loss on women’s PPE—hence the assumption that men’s PPE is cheaper than women’s. This gives a competitive advantage to companies that choose to ignore 50% of the population and all others with protected characteristics who suffer from the impact of ill-fitting PPE.

I believe that specific reference to the Equality Act 2010 is a significant omission from the regulations and should be addressed. I acknowledge that the regulations have been regularly revised since they were drafted, and I note that it was rightly seen fit in the Personal Protective Equipment at Work (Amendment) Regulations 2022 to change the pronouns from he/his to they/theirs to be more inclusive, but the regulations did not address the issue that is materially affecting thousands of people’s lives and careers. I urge the Minister to return to them and make the necessary changes.

[The Minister for Disabled People, Health and Work (Mims Davies)]

May I start by congratulating the hon. Lady on securing such an important and interesting Adjournment debate? I would like to stress from the outset that the Government entirely support her assertion that personal protective equipment issued to workers should be inclusive and, of course, meet individual needs. The Government recognise that when we refer to “inclusive” in this context, it is not just a matter of gender, because the requirement covers disabilities, race and religion, which really emphasises the personal in PPE.

I understand the hon. Lady’s point about providers waking up to the anatomy of women, and I fully agree. The availability of Mary Earps’s World cup jersey was probably a bit too late for the hon. Lady’s liking, mine and many others’ as well.

I congratulate Katy Robinson on her work with women in construction. In my time looking after the Health and Safety Executive, it has been a delight to hear women’s voices, and Katy is obviously a leading light.

It is the legal duty of employers to protect their workers from risks to their health and safety, and they must consider ways in which they can remove or reduce risk by any other means before PPE is provided. PPE includes high-visibility clothing, safety helmets, gloves, footwear and hearing protection. It should be regarded as the last resort to protect against risks to health and safety, but a rounded approach must be taken. For many workers, PPE is issued by employers to ensure that they are protected against risks that cannot otherwise be controlled, as I have outlined. PPE may be needed to reduce the risk of ill health and injury from hazards, such as breathing in dust or fumes, being splashed with corrosive liquids that may damage eyes or skin, and excessive noise, which may affect hearing and create hearing loss.

I turn to a couple of points made by the hon. Lady, and I will try to reassure her. I understand that the relevant trade association, the British Safety Industry Federation, is initiating a project with the British Standards Institution to look at whether industry standards can be better framed to ensure that inclusive PPE is better designed. Manufacturers make up a significant proportion of those who sit on the relevant British standards technical committees for products of this type and, rightly, they are capable of influencing the range of what can be supplied.

The hon. Lady talked about the Equality Act and set out a number of protected characteristics that prevent workers from being discriminated against in the regulations. The protected characteristics cover age, disability, gender reassignment, marriage and civil partnership, pregnancy, maternity, race, religion or belief, and sex and sexual orientation.

On the HSE’s comprehensive guidance, I note the hon. Lady’s ask for statutory guidance, and I am sure that it will be listening to her queries. I am sure that if there is anything I cannot cover in the debate, we will be writing to her about it. The HSE guidance already clarifies the position relating to workers with protected characteristics and states that PPE provided must take this into account. There is no exemption from the regulations for disabled people, and suitable PPE must be worn and provided if the risk assessment indicates that it is required. I hope that that reassures the House.

It is the responsibility of the employer to ensure that suitable personal protective equipment is provided to workers who may be exposed to a risk to their health and safety, to increase the likelihood of acceptance of and happiness with that equipment. As the hon. Lady pointed, out ill-fitting boots present trip hazards and overalls with sleeves or cuffs that are too long increase the risk of entrapment in moving machinery, so it is important that PPE fits well. She mentioned the need for suitability to anatomy as well.

The design of PPE is regulated by UK regulation 2016/425 on personal protective equipment. Annex II of the regulation sets out the essential health and safety requirements that PPE must meet. This includes requirements that cover comfort and effectiveness. The hon. Lady also pointed out an issue with the lack of employer awareness when procuring items, rather than those items not being available, so tonight’s debate is a welcome opportunity for us to spell out what employers should be doing.

Let me turn to the existing requirements in the Personal Protective Equipment at Work Regulations 1992. Where PPE is necessary, the regulations already state that the ergonomic requirements and the health condition of the person wearing it must be taken into account. It is clearly important that the wearer of the PPE should always be involved in the process, to increase the likelihood of the acceptance and effectiveness of the equipment. For any employees listening, that is equally important for them to know. In this context, “suitable” means that it is appropriate for the risks involved and, more importantly, takes into account ergonomic requirements, the health conditions of the wearer, and the fact that it is capable of fitting the wearer correctly without further increasing the risk. Those regulations are there, and I reiterate that to the House this evening.

The Health and Safety Executive and local authorities are responsible for regulating and enforcing the provision of PPE at work. Those authorities will take robust action if they receive reports of employers who do not ensure that PPE that meets the requirements is issued to workers. They have also published a range of readily available guidance to assist employers to comply with their obligations. This highlights the fact that “one size fits all” is unacceptable. I bought my own protective boots for site visits so that I know they will fit correctly.

[Emma Hardy]

On that point, I can give the Minister a concrete example. I visit certain places with a member of my office staff who has size 3 feet, and she is unable to find any boots that fit her. That is a regular occurrence when we go on these visits. People assume that everyone has larger feet.

[Mims Davies]

The hon. Lady makes an excellent point. My feet are hardly the size of Kylie Minogue’s, sadly, but sometimes those boots are just too big, aren’t they?

The Equality Act 2010 sets out a number of protected characteristics, including gender, race, disability and religion. If a risk assessment undertaken by the employer indicates that it is necessary, PPE should be suitable and sufficient, and of course those protected characteristics must be taken into account. Those requirements under the regulations are enforceable. It is right to remind people that there is suitable guidance, both for industry and inspectors.

Taking a slight step back from the PPE issues, and turning to product safety and ensuring safety through design and manufacture, the Office for Product Safety and Standards is responsible for the legislative and standards framework that governs PPE, which is also regulated by regulation 2016/425. Annex II sets out the essential health and safety requirements that PPE must meet, which include comfort and effectiveness:

“PPE must be designed and manufactured in such a way as to facilitate its correct positioning on the user and to remain in place for the foreseeable period of use, bearing in mind ambient factors, the actions to be carried out and the postures to be adopted. For this purpose, it must be possible to adapt the PPE to fit the morphology of the user by all appropriate means, such as adequate adjustment and attachment systems or the provision of an adequate range of sizes.”

I am sure the hon. Lady is pointing to that this evening.

Supporting these regulations is a suite of technical standards. Manufacturers make up a significant proportion of the members of the technical committees for these products, and they have the ability to influence the range that is supplied in this way. Again, this debate is a timely reminder that these regulations do not mandate manufacturers to produce PPE for specific users. However, the Government support any initiative—we have heard about some tonight—that improves design to meet the needs of the full range of users.

I understand from the OPSS that gender-responsive standards have been raised by industry groups, and that the British Safety Industry Federation is initiating a project with the British Standards Institution to look at how those industry standards can be better framed to ensure that PPE in particular is designed better and more appealingly for women.

Although the development of standards can take years, the law is clear about what is required. PPE must be suitable for the task and for each individual. I took time to reflect on the issue in preparation for this debate, and I am aware of the significant steps that have recently been taken by manufacturers. It seems clear that they are working harder than ever to increase their understanding of their customers’ needs, which has partly driven an increase in the range available, but tonight proves the point.

I have been made aware of at least one article that suggests the perceived lack of available inclusive PPE is more about employers’ lack of awareness in procuring the right items than about items not being readily available. In addition, a recent article in New Civil Engineer highlighted the PPE campaign that is working to raise awareness and to address inequalities in PPE provision and design for minority groups. There is a focus on women, but it also covers wider minority groups. One success highlighted in the article, relating to PPE and inclusivity, was that after a procurement team was alerted to the fact that items were available, those items were subsequently included in the internal procurement catalogue. Again, the issue was about awareness.

Although I am touching on successes in recent work, there is clearly more to be done. That is what tonight’s debate is about and why the Health and Safety Executive has leant its support to the “Protection for Everyone” campaign launched by Safety and Health Practitioner. The campaign aims to raise awareness about the effect of ill-fitting PPE and contains stories from those who have faced challenges in getting suitable PPE. The Government wholeheartedly support this message and we look forward to seeing how it progresses

The debate has provided a welcome opportunity to explore PPE. As I said to the hon. Member for Kingston upon Hull West and Hessle, if there are further points that are relevant, I will respond to her in writing. I hope this reassures hon. Members in the Chamber this evening, including the hon. Member for Strangford (Jim Shannon) —we would expect nothing less—and others, that the legislation on PPE is appropriate. The Government are committed to raising awareness and, as some hon. Members mentioned, encouraging more manufacturers to provide PPE that is fully inclusive for their customers and their users.

Question put and agreed to.