3.2 Post-Brexit Regulatory Framework (BSI Whitepaper)
PPE Regulations and Standards
- UKCA Marking: The UK Conformity Assessed (UKCA) mark is the new UK product marking used for goods being placed on the market in Great Britain. It covers most goods which previously required the CE mark.
- Approved Body Role: For Category III PPE like hearing protection, conformity assessment must be carried out by a UK Approved Body. This body is responsible for the type-examination (Module B) and the ongoing surveillance of the manufacturer’s quality system (Module D) or product testing (Module C2).
- Transitional CE/UKCA Timelines: The UK government has implemented transitional measures allowing for the continued acceptance of CE marked goods on the GB market. However, for new products and over time, the UKCA mark will become the mandatory marking for Great Britain. Employers must stay aware of these timelines when procuring new equipment.
- Legal Responsibilities for Employers (Procurement): Employers have a legal duty to ensure that any PPE they provide to their employees is compliant with the UK PPE Regulations. This means it must be correctly marked (CE or UKCA), be accompanied by a Declaration of Conformity, and have the necessary user instructions. Procuring from reputable suppliers who can provide this documentation is crucial.
What it is: The BSI (British Standards Institution) whitepaper on PPE provides guidance on the regulatory landscape in the UK following Brexit. It clarifies the roles of UKCA marking, CE marking, and the relevant standards that apply to products placed on the market in Great Britain.
- UKCA Marking:
The UK Conformity Assessed (UKCA) mark is the new UK product marking used for goods being placed on the market in Great Britain. It covers most goods which previously required the CE mark.
Approved Body Role:
For Category III PPE like hearing protection, conformity assessment must be carried out by a
UK Approved Body
. This body is responsible for the type-examination (Module B) and the ongoing surveillance of the manufacturer’s quality system (Module D) or product testing (Module C2).
- Transitional CE/UKCA Timelines:
The UK government has implemented transitional measures allowing for the continued acceptance of CE marked goods on the GB market. However, for new products and over time, the UKCA mark will become the mandatory marking for Great Britain. Employers must stay aware of these timelines when procuring new equipment.
- Legal Responsibilities for Employers (Procurement):
Employers have a legal duty to ensure that any PPE they provide to their employees is compliant with the UK PPE Regulations. This means it must be correctly marked (CE or UKCA), be accompanied by a Declaration of Conformity, and have the necessary user instructions. Procuring from reputable suppliers who can provide this documentation is crucial.
Why it matters to UK employers: The whitepaper provides clarity for those procuring PPE, ensuring they source legally compliant products. It reinforces that the mark on the product (CE or UKCA) is the manufacturer's claim of compliance, but the employer's duty under the Control of Noise at Work Regulations to ensure protection in practice remains. Fit testing is the practical verification of this duty. Related: [#documentation-defensibility](#documentation-defensibility).