What are my Duties as Self-employed?
From the 1st October 2015, if you are self-employed and your work activity poses no potential risk to the health and safety of other workers or members of the public, then health and safety law will not apply to you.
It is estimated that this will affect 1.7 million self-employed people, such as novelists, journalists, graphic designers, accountants, confectioners, financial advisors and online traders - who work only for themselves and not under a contract of employment.
The law will apply to you however if you are "self-employed" for tax purposes but employ others. (For clarification of this complex area HMRC have produced some specific guidance, see "Employment status guidance")
Most self-employed people will know if their work poses a risk to the health and safety of others e.g. members of the public, clients, contractors etc. (i.e. they work in a high risk industry such as construction; agriculture; railways; gas or asbestos).
You must consider the work you are doing and judge for yourself if it creates a risk or not.
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I can't think of too many things we do, that do NOT pose some sort of risk to other workers or members of the public. Even the most mundane jobs can pose a risk - the other day one of my lads was hoeing a border near the public footpath. No risk there, surely.............well no, not until he lent the hoe against a fence, the hoe slid down and lay across the path until I came around the corner!!
Additonal/Further details:
Due to changes coming into force on 1st October 2015 regarding how health and safety law applies to self-employed people, the HSE has published new online guidance to help them understand their position.
From the 1st October it is estimated that 1.7 million people become exempt from health and safety law, these include people like novelists, journalists, graphic designers, accountants, confectioners, financial advisors and online traders.
The change affects those self-employed whose work activities pose no potential risk of harm to others.
What the law says
The Health and Safety at Work etc Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015, says:
What is meant by 'self-employed'?
For health and safety law purposes, 'self-employed' means that you do not work under a contract of employment and work only for yourself.
If you're self-employed and employ others, the law will apply to you. You may be self-employed for tax purposes, but this may not be so for health and safety. This is a complex area and HMRC have produced employment status guidance.
What is a 'risk to the health and safety of others'?
This is the likelihood of someone else being harmed or injured (e.g.members of the public, clients, contractors etc.) as a consequence of your work activity.
Most self-employed people will know if their work poses a risk to the health and safety of others. You must consider the work you are doing and judge for yourself if it creates a risk or not.
For example, if you operate a fairground ride for the public to use then your work could affect the health and safety of other people and you must take appropriate steps to protect them as the law will apply to you.
High risk activities
The law says that there are certain work activities where the law applies because they are high risk. If your work involves any of these activities, then the law will apply to you:
See more: http://www.hse.gov.uk/self-employed/index.htm
They don't. In your secondary job you now become exempt.