The Health and Safety Executive (HSE) is currently reviewing the effectiveness of the Personal Protective Equipment at Work (Amendment) Regulations 2022, including the extension of PPE requirements to so-called “Limb (b) workers”. This has regularly been raised as an issue for the finishes and interiors sector in H&S Working Group Meetings. FIS is preparing a formal response on behalf of members. The consultation closes at 23.59 on 18 September 2026.
FIS is working on and intends to share a draft response next week, giving members time to comment before the deadline. In the meantime, the organisation wanted to flag some of the key themes emerging from our discussions and encourage members to pass relevant information to FIS and to respond directly with the HSE consultation. The draft response focuses on a number of practical concerns that have been raised by members:
- Confusion over how “Limb (b) worker” status should be applied within common construction labour models.
- The disconnect between CIS tax status, employment law definitions and site compliance requirements.
- Uncertainty around who is responsible for providing PPE in labour-only subcontracting, gang labour and agency arrangements.
- Differing interpretations by clients, auditors and contractors, creating compliance risk and inconsistency.
- Questions around worker-owned PPE, particularly safety footwear.
- The interaction between respiratory protective equipment (RPE), facial hair policies and equality obligations.
- The need for practical, construction-specific guidance rather than reliance on broad legal definitions.
FIS is actively seeking to confirm member views and provide examples of specific situations where confusion has arisen, challenges encountered in the tender process related to costings for safety provision whether this is consistently reviewed, practical issues on site associated with the regulations, how you are currently interpreting the rules and any case studies related to cost of compliance. Please send any comments or information to iainmcilwee@thefis.org
Further information on this subject and the challenge in interpretation is available via the April 2026 SpecFinish edition in an article written by lawyers DAC Beachcroft LLP and further information is available to FIS Members via FIS published guidance that was written when the regulations were introduced.
FIS is strongly encouraging businesses in the sector to respond directly to the HSE consultation, as individual business experiences will add weight to the sector’s collective voice. The consultation can be viewed here – Personal Protective Equipment at Work (Amendment) Regulations
Further details and the FIS draft response will be circulated next week with the FIS newsletter – if you wish to sign-up for the newsletter click here.