Personal Protective Equipment Bimonthly Bulletin | May & June

Europe

Consumer clothing with a UV protection claim: PPE Regulations or not

Since the introduction of the EU’s Personal Protective Equipment (PPE) Regulation 2016/425, there has been considerable debate about whether or not consumer clothing with a UV protection claim should be considered as falling within the scope of the PPE Regulations or not.

The EU’s Expert Group on PPE met in May 2022 and the topic of UV protective clothing was included on their agenda following numerous representations to them for clarification of the situation. The outcome of the meeting was a proposal to differentiate between clothing intended to provide protection against ‘extreme’ UV light and that which is intended to provide protection against non-extreme UV light. The exact definition of what constitutes ‘extreme’ and ‘non-extreme’ UV conditions is yet to be decided although two approaches are being discussed – one based on the UV index of the intended end-use geographic location and another based on the level of UV protection offered by the clothing itself.

The proposal also clarifies the intention that clothing with a UV protective claim but which is intended for private use by a consumer in non-extreme environments should not be considered as PPE.

For more information, visit our Personal Protective Equipment page here.

Standards updates

The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):

(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.

UK

Health and safety notice regarding ear loop respirators /masks

On 22^nd April 2022, the UK Health and Safety Executive (HSE) published a notice regarding ear loop respirators/masks.

This safety alert advises against the use of ear loop mask/respirators as respiratory protective equipment (RPE) in the workplace. HSE research shows that many of these types of masks do not pass CE or UKCA fit tests. For this reason, the HSE has requested a revision of the Control of Substances Hazardous to Health Regulations 2002 (as amended) risk assessment.

For more information, consult the HSE’s website here.

Updated designated standards for PPE

On 21^st May 2022, the Department for Business, Energy and Industrial Strategy published an amendment to standards for personal protective equipment supporting Regulation 2016/425 on Personal Protective Equipment, which is effective in domestic law and published in Part 2 of Annex I to notice 0046/21.

The Office for Product Safety and Standards has provides statutory guidance to businesses on Regulation 2016/425 and the Personal Protective Equipment (Enforcement) Regulations 2018.

For more information, consult the official publication on the gov.uk’s website here.

New updates for regulatory framework and transitional arrangements

On 20^th June 2022, the guidance related to placing manufactured goods and UK conformity assessment were updated.

The British government is working to introduce legislation to reduce re-certification/re-testing costs. Any conformity assessment activities undertaken by EU bodies before the end of 2022 will be considered as the basis for UKCA marking next year. Legislation on this will be brought forward before the end of the year and will enable manufacturers to apply the UKCA mark on these products without the need for re-testing.

The UKCA mark can still be placed on a label affixed to a product or on a document accompanying the product until 31 December 2025.

Consult the GOV.UK’s website:

• Guidance: UK conformity assessment.
• Guidance: Placing manufactured goods on the market in Great Britain.

For more information, visit Eurofins Consumer Product Testing’s website here.

Update on OPSS Enforcement Policy

On 30^th June 2022, the UK Government Office for Product Safety and Standards (OPSS) released its latest enforcement policy guidelines. The updated enforcement policy is broadly consistent with changes made within European Union Member States as a result of Directive (EU) 2019/2161 which entered into force on 28 May 2022.

For more information, visit Eurofins Consumer Product Testing’s website here.

Product Recalls / Alerts

Below you will find a monthly summary of product recalls and alerts in Europe (Source “RAPEX”) and in the U.S. (Source “CPSC).

Europe

RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities).

The following 18 alerts regarding Personal Protective equipment were reported between week 17 and week 24 of 2022.

UK

OPSS issues Product Safety Alerts to the UK market. The following 3 alert regarding Personal Protective Equipment (PPE) were issued between week 17 and week 24 of 2022.

US

Between 21^st April and 20^th June 2022, the CPSC (Consumer Product Safety Commission) published the following 1 recall: 1 recalled PPE products.