Mubin Chowdhury, Health, Safety and Environment Helpline Consultant – Croner, October 2015
On 1 October 2015, new legislation affecting the self-employed came into effect.
The forthcoming change in the law stems from the 2011 Löfstedt Review, which recommended that those self-employed people whose work activities pose no potential risk of harm to others, should be exempt from health and safety law. This recommendation was accepted by the Government, with notable opposition from health and safety campaigners such as the Institution of Occupational Safety and Health (IOSH).
As a result of the changes it is estimated that, from 1 October 2015, health and safety law will no longer apply to 1.7 million self-employed people.
The Health and Safety Executive (HSE) has published new advice on its website regarding health and safety laws and the self-employed. The HSE says that in terms of the new Health and Safety at Work, etc Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015, the law will now apply only to those self-employed people whose work activity is specifically mentioned in the new Regulations, those whose activities pose a risk to others, and those who employ others.
The HSE says the changes will exclude self-employed people like “graphic designers, accountants, confectioners, financial advisors and online traders”.
However, the law will continue to apply to certain work activities deemed high risk, such as those:
- in agriculture — all types of farming, keeping of livestock, market gardening and forestry
- in construction — any work activity mentioned in the Construction (Design and Management) Regulations 2015, including any work on a construction site
- working with gas
- in the railways — including driving, loading and unloading vehicles, and all maintenance or repairs to vehicles and infrastructure
- involving asbestos
- involving genetically modified organisms where not released into the environment — such as within a research laboratory or a biotechnology production facility.
Self-employed people need to determine if any part of their work activity poses a risk to the health and safety of others. This may require a risk assessment. Jobs that pose a risk to others include hairdressers who use bleaching agents or similar chemicals, health and safety consultants, and landlords (who have specific responsibilities under gas legislation).
Further information on the new legislation can be accessed on the HSE website.
Further Health & Safety advice, along with advice for employment matters and commercial legal matters are inclusive of your NBV Biz Ex membership.
Please call our Croner experts on 0844 561 8133 quoting your policy number which can be accessed by logging into the Members Website or by contacting the membership team. Calls cost 7p per minute plus your phone company’s access charge. However, Croner will arrange to call you back should you request.
