The Health and Safety Executive (HSE) found a breach of regulations by Morecambe Bay NHS Foundation Trust in relation to respiratory protective equipment (RPE) face fit testing.
The HSE investigated the Trust following the death of a radiographer from COVID-19 in April 2020.
In its November 2021 Respiratory Protective Equipment eBulletin, the HSE reported that the Trust breached health regulations on RPE during the first wave of the COVID-19 pandemic.
To ensure that RPE has the ability to provide adequate protection for individual wearers, the Approved Code of Practice for the Control of Substances Hazardous to Health Regulations 2002 stipulate that tight-fitting RPE should be fit tested by a competent person as part of the selection process. This is to ensure that the seal between the selected RPE and the wearer’s face is adequate. If this seal is inadequate then the protection offered by the RPE will be significantly reduced.
The investigation found that not all persons wearing RPE at the Trust had received adequate face fit testing to ensure that the equipment provided an adequate seal to the wearer’s face.
Following the investigation the Trust was given formal written advice by the HSE.
If an employer chooses tight-fitting RPE for use by its employees then that employer is under a statutory duty to ensure that such equipment is both adequate and suitable for the intended task. It is the duty holder’s responsibility to ensure that any tight-fitting RPE used by an employee is correctly fit tested by a competent person.
The HSE advise that competency of the tester can be demonstrated by accreditation under the ‘Fit2Fit RPE Fit Test Providers Accreditation Scheme’. This scheme has been developed by the British Safety Industry Foundation, together with industry stakeholders. The scheme is not compulsory, and the HSE point out that employers are free to take other action to comply with the law.
HSE warned that it will take enforcement action where it finds that a duty holder has not taken the necessary steps to ensure that proper fit testing has been conducted.
The HSE have produced guidance on this subject: guidance on respiratory protective equipment (RPE) fit testing which they may refer to as containing examples of good practice when investigating and determining compliance by organisations and employers.
We can help to make sure that your business complies with legal obligations for health and safety and workplace wellbeing. Please contact our Regulatory Team to find out more.
