Consultation on Proposals to Exempt Self-employed Persons from Health and Safety Laws

The Government intends to exempt self-employed people from health and safety legislation where their work poses no risk of harm to other people.

Health and safety laws require the self-employed to conduct their business in such a way as to ensure, so far as is reasonably practicable, that they and others are not exposed to risks to their health or safety. The Government proposes to exempt self-employed people from this obligation where their work poses no risk of harm to other people. Those engaged in higher risk activities will continue to be bound.

The consultative document seeks views on the HSE’s proposed definitions for those self-employed workers who will remain bound by the health and safety legislation. It seeks views on the clarity of the proposed definitions in the draft The Health and Safety at Work etc Act 1974 (General duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015.

Responses are required by 31 August 2014.

The change to exempt certain self-employed persons from health and safety law is derived from a recommendation made by Professor Löfstedt in his report ‘Reclaiming health and safety for all: an independent review of health and safety legislation.’