A H&S consultant ? Sorry I find it hard to see how this is going to work without creating more confusion. It will end up costing more to work out if you are exempt than to just comply. Self employed people who want to work safely will and those that don't, will not, regardless of the law. Unless there is a plan to say make doctors (or others) all self employed. Can't help but feel this is the first stage of something else. Chris

as Chris42 says '------this is the first stage of something else'---- although I know that the 'something else' has already started

Peter Many thanks for helping to draw attention to what OSH professionals will agree, probably unanimously, is wholly unnecessary legislation. As you and Chris42 say, if the regulations come into force, they will surely add to "red tape" and be likely to confuse rather than help self-employed people. In my opinion Section 3(2) of the Health and Safety at Work, Etc. Act 1974 is very clear in asserting that such people should conduct their business in such a way as to ensure (so far as is reasonably practicable) that they and other persons who might be affected by their work are not exposed to risks to their health or safety. If their business/work/undertaking is NOT likely to pose significant risks to others, then they do NOT need to worry about Section 3 (2). This seems to have worked well over the 40 years since the 1974 Act came into force. If self-employed people are only likely to pose a risk to themselves, it's probably true to say that HSE and LA inspectors who become aware of them might well give appropriate advice but not waste scarce time and resources on enforcement action to compel them to take care of themselves. By contrast, self-employed people who could pose a risk to others should do what they can to prevent or minimise the risk. A classic example is that of self-employed roofers who could endanger others if they don't take appropriate precautions to prevent themselves (and materials & tools) from falling. Thus, most people would agree that Section 3(2) applies to them and that they should be subject to enforcement action if necessary. Also, roofers who do not take appropriate precautions have an unfair advantage over other roofers (self-employed and employed) who do spend time, effort and money on precautions. Despite involvement with numerous and diverse pieces of OSH legislation during my career in OSH, including experience of enforcement action over 10 years as an inspector with HSE, I admit to finding the draft regulations and explanatory memorandum somewhat difficult to understand. Therefore, unless I'm now losing metaphorical marbles during retirement, I can foresee how self-employed people and others might also find the regulations confusing or misleading. Is there anything which IOSH and its members can do about the draft (and daft!) regulations? You mention that they need to be voted for in both Houses of Parliament in order to come into force. Therefore, one step which IOSH members could take is to write (letters or e-mails) to their MPs about the regulations and why they should vote against them. If enough MPs receive suitably written letters/e-mails from constituents, there's a reasonable chance they will be made more aware of the nature of the draft regulations and be minded to vote against them when the time comes. In connection with this, are there any forum users able and willing to devise and share a suitable template which could help IOSH members who wish to write to their MPs? Part 12 of the explanatory memorandum briefly summarises how the regulations would be monitored and reviewed: If the regulations don't come into force, one advantage of this will be that the Secretary of State (or more likely his minions) won't have to spent time and effort reviewing their operation and effect, and publish a related report every 5 years - or consider whether the regulations should continue unchanged, be amended or revoked! :-)

the link to press releases http://press.hse.gov.uk/release-type/press/

I have very briefly glanced at the proposals. I understood that certain hazardous work activities/occupations will be excluded from the Regs & this includes self-employed construction workers (& those professions who visit construction sites) +Railway workers & others. I wonder if the gardener I saw the other day was self-employed? Working at a commercial premises, at the top of an un-footed ladder, using both hands to plant a 1st floor window box. Ladder was located on a very narrow public footpath, at a busy traffic light controlled cross-roads, very close to 3 schools! Guess who/how many would have been injured if he, his tools, materials or ladder had slipped or fallen. Do self-employed gardeners pose a hazard to others? Hummm