CEO's Desk - March 24

WELCOME TO this, my first contribution of 2024. In my previous column at the end of last year I shared with the readership the plans of the recently formed Occupational Safety and Health Stakeholder Alliance. 

In this column I find myself circling back around on items more core to BSIF’s traditional work and that is Regulatory compliance, testing and safety of PPE and associated equipment. 

Firstly, the product safety regime for PPE changed, (didn’t it) from the acceptance of CE certified, to UKCA for many regulated products including PPE coming under the “new” system. The changes required significant investment from manufacturers which now look undermined, if not entirely wasted, by the indefinite extension of the acceptance of product certified under the CE process. This extension applied to all relevant product regulations in the control of the Department for Business and Trade some 17 in all. Then in January 2024 the indefinite extension was applied to three further products regulations widening the acceptance of CE and further sidelining the need for UKCA. 

So, we have to ask, what is the future of the UKCA regime. I put that out there at this point, because as we now know the Northern Ireland Assembly have returned, after some of their concerns on different rules being applied throughout the internal (UK) market, where Northern Ireland remained aligned to EU rules, but the rest of the UK, being “GB” were diverging, have been allayed.

It could be argued and evidenced by the continuing spread of acceptance of CE, that in fact while GB has and retains the option to diverge, GB is actually not doing so. By continuing to accept CE it is remaining aligned to the EU rules that apply in NI. It is difficult then not to conclude that the UKCA system will be relegated to something that exists but will not be necessary if products are CE certified.

Secondly, regardless of which product safety regime is in place, the rules have to be enforced and frankly (subject to one or two exceptions) they are not. BSIF administers the Registered Safety Supplier Scheme, which as well as testing products marketed by BSIF members, also buys PPE from the open market from non-members. I thought that it would be interesting to share some of the 2023 results with you.

Between December 2022 and December 2023, the BSIF examined 123 non-member products, assessing advertised performance, marking and labelling requirements and compliance with standards. Shockingly, only 21% – 26 products – proved fully compliant, leaving a staggering 79%—97 products—falling short of testing criteria. Worryingly, many of these substandard products are still available and in use, potentially posing serious risks to unsuspecting users.

Some examples of products from non-BSIF-registered members that failed testing include a Flame Retardant Parka, bought from an online retailer. During flame spread testing, the outer layer burnt through, exposing the inner layer, which then caught fire, resulting in the entire coat being consumed by flames. The garment also lacked correct documentation and markings in line with PPE Regulation requirements. A pair of safety boots from the same retailer failed toe-cap compressions tests. They were also over ten years old and supplied with outdated certification, didn’t have the correct documentation and were not correctly marked. 

Elsewhere, a pair of safety spectacles, acquired from a high street retailer failed an impact resistance test, with lenses cracking/breaking when struck by a projectile. The spectacles also lacked markings and the required documentation. Despite promises to remove the product from sale, it was still available over two months later.

Three pairs of protective gloves from a high street retailer failed testing against abrasion, returning just half the claimed performance level. They were also incorrectly marked and missing the required documentation. When contacted by the BSIF, the retailer said they would take action but the products were still on sale four months later.  

Worryingly, a Respiratory Protective Mask (FFP3) purchased from a PPE distributor performed at only half the required level during filter penetration tests against contaminants and had missing documentation. When contacted, the distributor didn't act to remove the product from sale or initiate a recall.

BSIF member test results

The non-member test result findings sharply contrast with the results of tests conducted on products supplied by BSIF Registered Safety Suppliers, who are committed to only selling certified PPE and trading honestly and ethically. Of the 348 tests completed on products from Registered Safety Suppliers between December 2022 and December 2023, 91% – 315 products – passed immediately. Even for the 9% – 33 products – initially falling short, all issues were promptly addressed and rectified.

It is clear that our test results from 2023 show that you don't have to look very far to find examples of inadequate and substandard PPE and safety equipment for sale in the UK. Shockingly, many unsuspecting users are relying on these compromised products for their safety. 

Buyers and specifiers should urgently review their procurement processes and consider what assurances they have that the PPE and safety equipment they are being supplied with is fit for purpose. 

2024 should be the year that all duty holders look for the ‘Shield’ and take the risk out of PPE selection and sourcing by going to a BSIF Registered Supplier.

Alan Murray is chief executive of BSIF. For more information, visit www.bsif.co.uk