In the following post we will discuss the key points established in Royal Decree 773/1997 and see what changes the new Regulation brings to Fall Protection Equipment.
To put things in context, in previous posts we noted that Directive 89/656/EEC, transposed by Royal Decree 773/1997, of May 30, on minimum safety and health provisions for the use by workers at work of personal protective equipment, had been repealed by Regulation (EU) 425/20216, of March 9, 2016, on personal protective equipment.
RD 773/1997 was last revised on December 8, 2021, by Royal Decree 1076/2021, which amended arts. 2.3 and 6.1, final provision 2, and annexes I to III, and repealed annex IV.
Since this Royal Decree remains in force, we can highlight the following considerations from it.
Employer’s Obligations Regarding PPE
The employer’s obligations regarding Personal Protective Equipment can be summarized in the following list.
- Determine the jobs where PPE must be used and specify, for each of these jobs, the risk or risks against which protection must be provided, the parts of the body to be protected, and the type of personal protective equipment to be used.
- Select the PPE, keeping the relevant information on this subject available at the company or workplace and providing information on each item of equipment.
- Provide workers, free of charge, with the PPE they must use, replacing it when necessary.
- Ensure that the equipment is used and maintained as specified in this royal decree.
Article 5
Article 5 establishes that PPE must provide effective protection against the risks that motivate its use, without itself posing or causing additional risks or unnecessary discomfort. To this end, it must:
- Be suited to the conditions existing in the workplace.
- Take into account the worker’s anatomical and physiological conditions and state of health.
- Fit the wearer, after any necessary adjustments.
- In the case of multiple risks requiring the simultaneous use of several items of PPE, these must be compatible with each other and maintain their effectiveness against the corresponding risk or risks.
- In any case, PPE used in accordance with Article 4 of RD 773/1997 must meet the requirements established in any applicable legal regulation, in particular with regard to its design and manufacture (Regulation 425/2016).
Article 6
Article 6 specifies the procedure for the selection of personal protective equipment.
The employer must analyze and assess the existing risks that cannot be avoided or limited by other means. Based on this, the employer will choose the personal protective equipment best suited to the work to be done, and must be familiar with the market and with technical developments in PPE.
Article 7
Article 7 specifies the use and maintenance of PPE:
1. The use, storage, maintenance, cleaning, disinfection where appropriate, and repair of personal protective equipment must be carried out in accordance with the manufacturer’s instructions.
Except in exceptional particular cases, personal protective equipment may only be used for its intended purposes.
2. The conditions under which protective equipment must be used, in particular as regards the length of time it must be worn, will be determined on the basis of:
- The seriousness of the risk.
- The duration or frequency of exposure to the risk.
- The conditions of the workstation.
- The performance of the equipment itself.
- The risks arising from the use of the equipment itself that could not be avoided.
- Personal protective equipment is, in principle, intended for personal use. If circumstances require a piece of equipment to be used by several people, the necessary measures will be taken so that this does not cause any health or hygiene problems for the different users.
Article 10
Article 10 states that workers are obliged to use PPE correctly, take care of it, and place it after use in the designated location, and must inform their direct immediate superior of any poor condition of the equipment.
In short, Royal Decree 775/1997 establishes the minimum safety and health requirements for the selection, use by workers at work, and maintenance of personal protective equipment.
Since the question of inspection and maintenance of Fall Protection Equipment is one of the most common ones we get asked, we will discuss it in greater depth in the next post.