Paragraph 9 I1

After regulation 8, insert the following new regulations—

“Compliance with relevant Community directives

8A

Any respiratory protective equipment or protective clothing shall comply with any enactment (whether in an Act or instrument) which implements any provision on design or manufacture with respect to health or safety in any relevant Community directive listed in Schedule 1 to the Personal Protective Equipment at Work Regulations 1992 which is applicable to that item of respiratory protective equipment or protective clothing.

Assessment of respiratory protective equipment or protective clothing

8B

(1)

Before choosing respiratory protective equipment or protective clothing, an employer shall make an assessment to determine whether it will satisfy regulation 7 or 8, as appropriate.

(2)

The assessment required by paragraph (1) shall involve—

(a)

definition of the characteristics necessary to comply with regulation 7 or, as the case may be, 8, and

(b)

comparison of the characteristics of respiratory protective equipment or protective clothing available with the characteristics referred to in sub-paragraph (a) of this paragraph.

(3)

The assessment required by paragraph (1) shall be revised if—

(a)

there is reason to suspect that it is no longer valid; or

(b)

there has been a significant change in the work to which it relates,

and, where, as a result of the review, changes in the assessment are required, the employer shall make them.”.