Rank: Forum user
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Accordiong to the press as part of tomorrows Queens speech - there is a proposal to remove the self employed from H&S legislation. As a starter - where would a site having both employed and self employed working along side each other stand? Apart from very carefully!
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Rank: Super forum user
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The legislation does not seem to be listed on the BBC website as being part of the Queen’s speech but I did read somewhere that the new legislation will disapply H&S law from the self employed “if there is no risk from their work activities” as apparently the self employed have for the past few decades been busily applying the principles of H&S and risk assessment where there are no actual risks to anybody’s H&S!
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Rank: Super forum user
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I seem to recall that this was part of the Lofstedt Report recommendation...but only if it is a low risk activity. Of course, it has escaped the notice of the Professor that there are few duties imposed on the self-employed, and of those, low risk activities would not apply anyway.
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Rank: Super forum user
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....and the expectation is of a schedule of higher risk sectors where the exemption would not apply e.g. to the self-employed in construction.
In effect what's going to happen is that to remove an alleged burden, we're going to make the law more complex. So much for removing red tape.
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Rank: Super forum user
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Originally Posted by: peter gotch
In effect what' 
I'm not at all surprised.
The houses of parliment seem to be entirely populated by people who have never had a real job in the real world.
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Hi This was part of a consultation which looked at exemptions for teh self employed , The exemption will not extend to those self-employed whose work activities pose a potential risk of harm to others or who employ others
ref. CD242 - Public consultation on proposals to exempt some self-employed people from health and safety legislation
regards Dave
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Rank: Super forum user
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DaveDowan wrote:
Hi This was part of a consultation which looked at exemptions for teh self employed , The exemption will not extend to those self-employed whose work activities pose a potential risk of harm to others or who employ others
ref. CD242 - Public consultation on proposals to exempt some self-employed people from health and safety legislation
regards Dave
And who decides if a work activity poses a potential risk of harm?
or are we just going to have a blanket guess that certain industries re low risk anyway like house -building or tree surgeons?
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Rank: Forum user
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No if you are self employed and do not employ another person and your activities to not come into contact with others , so a very limited exemption
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Rank: Forum user
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#4: Peter - absolutely.
Removing Regulations few businesses have heard of; that were not being applied; out of date and basically forgotten about. No 'burden' before they were revoked no 'burden' lifted afterwards.
Now add self-employed exemption. No problem to start with - Lofstedt did not find a 'burden' on the self-employed - and now we will introduce legislation to exempt the self-employed who are not a risk to others. I'm quite looking forward to seeing the final statutory instrument that brings this into place. Given all the self-employed people who now work in such a wide range of different occupational sectors, the criteria for establishing those to whom the law still applies to and those whom will be exempt, will - no doubt - be clear, simple and easy to understand.
As J K Rowling was once quoted as an example of a self-employed person who did not constitute a risk to others, perhaps she could be requested to provide a magician to figure it out. Indeed this could provide a complementry approach to the mythical 'burden' being lifted by the revocation of regulations that no longer apply!
All in the name of reducing the so called 'burden' of 'red tape': a Red Tape Fallacy indeed!
Cheers.
NigelB
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