0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

HSE proposals to exempt self-employed workers from H and S Regulatory legislation

14 August 2012

In November 2011 the Löfsted Review made recommendations to reduce the amount of red tape associated with H&S legislation. The review recommended self employed workers should be made exempt if their activities at work posed no potential risk to others. The Government endorsed this view and requested that the Health & Safety Executive (HSE) draw up proposals to give this recommendation effect. The HSE has now launched a three month consultation in relation to this recommendation. The consultation document provides three alternative options (with the HSE preferring option 2).

Option 1: Exempting from health and safety law, the self employed who pose no potential risk of harm to others

Option 1 would allow an exemption for self-employed workers if the following preconditions are met:

  1. they are self-employed
  2. they do not employ anyone
  3. when carrying out their work activities/conducting their undertaking or by the products and services created by the work activities, they must pose no potential risk of harm to others

Option 2: Exempting from health and safety law, the self employed who pose no potential risk of harm to others and who do not work in a high risk sector as prescribed by the Secretary of State

Option 2 would allow an exemption for self-employed workers if the following preconditions are met:

  1. they are self-employed
  2. they do not employ anyone
  3. when carrying out their work activities/conducting their undertaking or by the products and services created by the work activities, they must pose no potential risk of harm to others
  4. they do not work in a prescribed industry/sector/site/activity (referred to "as prescribed sectors"). These are a combination of high hazard and high risk sectors

Proposed prescribed sectors include; agricultural activities, construction, quarries, mining, diving, COMAH and sub-COMAH sites, offshore activities, nuclear installations, explosives and gas fitting and installation.

Option 3: Exempting from health and safety law, the self employed who undertake office type activities and pose no potential risk of harm to others

Option 3 would allow an exemption for self-employed workers if the following preconditions are met:

  1. they are self-employed
  2. they do not employ others
  3. their work solely consists of office-type activities
  4. when carrying out their work activities/conducting their undertaking or by the products and services created by the work activities, they must pose no potential risk of harm to others

The consultation runs from 2 August to 28 October 2012. Click here to view the consultation paper.

focus on...

Covid-19 for Local Authorities, Arms Length Bodies and Government - 16th June 2020

Take a look at our Covid-19 on-demand training video, where key members of the team will be providing an update on current issues arising in relation to the pandemic including health and safety and how to get procurement going again.

View

Legal updates

Deborah Barlow v Wigan Metropolitan Borough Council

On 21 September 2014, Deborah Barlow tripped and fell over an exposed tree root on a path (the ‘Path’) in Abram Park in Wigan and brought a personal injury claim against Wigan Metropolitan Borough Council (the ‘Council’)

View

Legal updates

Challenges of home working in a time of COVID-19

Following the Government’s confirmation that the existing lockdown has been extended by a further three weeks, employers will continue to be encouraged to make all efforts to enable employees to work from home.

View

Legal updates

COVID-19: updated guidance on infection prevention & control and personal protective equipment for health and care providers

Significant new guidance has been issued on 17 April 2020 by Public Health England, in association with the Department of Health & Social Care and NHS England and endorsed by the Health and Safety Executive (“HSE”).

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up