| outlines the requirement for ensuring that tight-fitting RPE is Fit Tested to the wearer during the selection process and clearly explains the requirements for - and the differences between - ‘Fit Checking’ and ‘Fit Testing.’ Conclusions It appears that there are still many employers who are not compliant with the current legislation. Since the introduction of the legislation in the UK, a number of companies have been served Improvement Notices by the HSE. This requires them to implement a RPE Fit Testing programme for all employees that wear tight-fitting RPE. Although having such a programme in place may indicate to the HSE an employer’s ‘intention to comply’ it does not necessarily protect the employer from retrospective prosecution. “clearly, there is a need for individuals to be trained correctly in the use and maintenance of any device with which they are provided” With the number of compensation claims increasing, employers who do nothing are increasing the risk of legal action being taken against them by both current and ex-employees. The potential for retrospective litigation is considerable - and without clear evidence that employees were tested for the fit of their RPE, claims may become increasingly difficult to defend against. One shipbuilding company had to pay out an average of £17,000 per employee with a further £15m being set aside for future claims5 due to insufficient RPE protection/testing during asbestos removal operations. It is probably only a matter of time before similar judgements affect chemical and other process industries. National Legislation in CEN Member Countries - and European and National Guidance documents - outline the requirement for organisations to implement a complete RPE Programme that covers the correct selection, use, care and maintenance of suitable and adequate RPE where there is a respiratory risk to the health of workers due to their activities. This includes the requirement to carry out Face Fit Testing for tight-fitting RPE and to introduce a clean-shaven policy where applicable. Clearly, there is a need for individuals to be trained correctly in the use and maintenance of any device with which they are provided - and for employers and health professionals to fully understand all the risks associated with poorly selected, incorrectly fitting, RPE.  |
References 1 Official Journal of the European Communities: Council Directive 98/24/EC of April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC 2 Health & Safety Matters: August 2004 3 HSE Meeting of Stakeholders on Face Fit Testing of Respiratory Protective Equipment: 22 April 2005 4 Journal of the International Society for Respiratory Protection, Vol. 22. Spring/ Summer 2005. ‘Respirator Fit Testing Practices in the US’: Brent Doney et al 5 Times Online: 17th March 2004 Author Details: Scott Campbell is Operations Manager with RPS Laboratories. He is a member of the BSIF (British Safety Industry Federation) and sits on the committee tasked with developing an industry-regulated accreditation & qualification system for Face Fit Testing providers within the UK. The RPS Group is an international consultancy providing advice on the responsible development of natural resources, land and property, the management of the environment and the health and safety of people. www.rpsgroup.com |