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JohnW  
#1 Posted : 27 August 2015 13:47:07(UTC)
Rank: Super forum user
JohnW

On the HSE website
Quote:
From 1 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.
Hmmm how many tradesmen reading that might THINK their work poses no potential risk to the health and safety of other workers or members of the public, and not further consult the HSE guidance?
Quote:
We estimate that health and safety law will no longer apply to 1.7 million self-employed people like novelists, journalists, graphic designers, accountants, confectioners, financial advisors and online traders.
Hmmm most journalists I know work a lot outdoors, drive fast, use photographic equipment and DSE, and often 'work' in other people's workplaces ..... Most confectioners I know use mixing machines that mix sugar and flavours with hot syrupy liquids, and use machines/presses that make small sweets, and employ young unskilled assistants when they are busy If they mean a confectionery shop, well most them are on high streets, they allow members of the public to enter, they use ladders, floors get slippy when it's raining, they have just one fire exit at the back, and have lots of boxes in the rear hall and in the back yard, and employ young unskilled assistants when they are busy Most on-line traders I know have a big garage or even a warehouse that has frequent deliveries from traffic reversing onto premises, they use ladders and lifting equipment or employ young unskilled assistants when they are busy requiring lots of manual handling, and use lots of packing materials and knives
Route66  
#2 Posted : 27 August 2015 14:25:17(UTC)
Rank: Forum user
Route66

As I read it, the situation is about as clear as Mud. Following the Deregulation Act and the wonderfully long titled 'The Health and Safety at Work etc. Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015'..., we have a situation where the content of HSWA s3(2) is now : (2) It shall be the duty of every self-employed person who conducts an undertaking of a prescribed description to conduct the undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected are not thereby exposed to risks to their health or safety. So, with the 'Undertakings Regs' now stating that HSWA s3(2) only applies if the activity/occupation is listed in the Schedule or may pose a risk to the health and safety of another person, we have a situation where the HSWA still reads that the Self Employed must take care of 'himself', but the 'Undertaking Regs' state that it only applies if others may be affected. Basically a complete, legalese Alphabet soup, of a legislation.
JohnW  
#3 Posted : 27 August 2015 15:21:35(UTC)
Rank: Super forum user
JohnW

Route66, I don't expect many of the "risk-free 1.7 million" will ever get as far as reading the detail that you have. The message most will get via the press is what the HSE said above and is on this page: http://www.hse.gov.uk/self-employed/ Few will ever find out what the link explains http://www.hse.gov.uk/se...ed/what-the-law-says.htm
Route66  
#4 Posted : 27 August 2015 15:46:21(UTC)
Rank: Forum user
Route66

Agreed, but the point I was making is that, as far as I can understand it, the self employed now have carte blanc to behave as dangerously as they like if nobody else is at risk (and they are not on a prescribed activity). So how many self employed will now end up being killed or a burden on the NHS for the rest of their lives? Now I realise that any prosecutions of self employed under s3 are few and far between, I personally know of none, but this is an unnecessary bureaucratic nightmare of legislation, that serves no purpose. All the self employed in the categories that this is intended to 'ease the legislative burden on' completely ignored H&S in the past anyway, often because they didn't understand the 'Less than 5' rule. All the H&S Legal firm Blogs seem to have been silent on the subject since it last went to the House of Lords; perhaps they're having trouble understanding it too!
Ron Hunter  
#5 Posted : 27 August 2015 15:59:07(UTC)
Rank: Super forum user
Ron Hunter

You're correct, it serves no purpose, other than enabling DC and his cronies to put a big tick in a box.
JohnW  
#6 Posted : 27 August 2015 16:19:36(UTC)
Rank: Super forum user
JohnW

Route66, Ron, yes very good points. Interesting to say "self employed now have carte blanc to behave as dangerously as they like if nobody else is at risk (and they are not on a prescribed activity)". So if one of those risk-free self-employed persons DOES cause an accident and injures someone, say, while he is setting up some 'safe work' which he has not risk-assessed, would he be prosecutable under the current (from Oct) HaSaWA which says it does not apply to him?
Route66  
#7 Posted : 27 August 2015 18:08:38(UTC)
Rank: Forum user
Route66

John, I'd say the answer is yes. Based on the fact that it doesn't apply, 'if no-one else is at risk'. As with a lot of other H&S law cases, the fact that someone does get hurt means that they must have been at risk, de-facto the self employed individual was operating outside the exemption; they may have thought they were covered by it, but the fact that some gets hurt means they were clearly not.
JohnW  
#8 Posted : 27 August 2015 19:53:42(UTC)
Rank: Super forum user
JohnW

Route66, OK I follow that logic. So self-employed traders who now assume H&S doesn't apply to them, ignore risk assessment, ignore risks to others, fail to put in appropriate protective controls, so their work environment becomes more hazardous than before.
Route66  
#9 Posted : 27 August 2015 20:30:07(UTC)
Rank: Forum user
Route66

I think that about sums it up!
johnmurray  
#10 Posted : 28 August 2015 08:58:16(UTC)
Rank: Super forum user
johnmurray

"We believe that it has taken hundreds of years of workers being injured and dying in accidents at work to bring much needed laws into force to prevent or help to prevent injuries in England and Wales. Of course accidents will happen and in an era of global economic meltdown it cannot be cost effective to have workers at home being treated by the NHS and A and E departments and being paid industrial injury awards when simple, common sense practices would have prevented the injury from happening in the first place. **This consultation may be the start of the erosion of our health and safety laws and as such should concern all of us**" http://www.atlawsolicito...alth-and-safety-law.html
boblewis  
#11 Posted : 28 August 2015 09:08:57(UTC)
Rank: Super forum user
boblewis

But it is only the one person show that could even start to think about a possible exemption - just take on one other person to help and you are not self employed but also an employer. So then the exemptions can never apply. A family run shop is not self employment therefore by my reckoning!
O'Donnell54548  
#12 Posted : 28 August 2015 09:23:04(UTC)
Rank: Forum user
O'Donnell54548

I understand, and appreciate, the concerns expressed on this subject but it is this type of reaction which has led to the negative perception of H&S by the majority of people. The self employed will still have a 'duty of care' under civil law, and in my experience this duty tends to focus ones attention more than the statutory requirements at work. So forgive me if I do not believe that this will lead to a plague of self employed persons running through the streets tearing off their high-vis vests, donning flip flops and swinging from the nearest scaffold tower.
Jimothy999  
#13 Posted : 28 August 2015 09:36:57(UTC)
Rank: Forum user
Jimothy999

This whole process has been very interesting to me as our profession is touched by a phenomenon well known is the world of politics. The unnecessary law passed to increase the popularity of a government that serves little of no purpose and can be actively detrimental. The dangerous dogs act is held up as a classic example of this and I wonder if this law will come to be viewed more generally in the same way. Sadly in a democracy a government will often seek to legislate for popularity more than improving the country. As Churchill may or may not have said, "democracy is the worst possible form of government, apart from all the others that have been tried". Enough Friday pontificating!
westonphil  
#14 Posted : 28 August 2015 12:16:48(UTC)
Rank: Super forum user
westonphil

Originally Posted by: O' Go to Quoted Post
I understand, and appreciate, the concerns expressed on this subject but it is this type of reaction which has led to the negative perception of H&S by the majority of people. The self employed will still have a 'duty of care' under civil law, and in my experience this duty tends to focus ones attention more than the statutory requirements at work. So forgive me if I do not believe that this will lead to a plague of self employed persons running through the streets tearing off their high-vis vests, donning flip flops and swinging from the nearest scaffold tower.
Good points, we should have a like button. I would suggest that those who are out working on domestic properties are still going to work more or less as they always have and those who work in industry are still more or less going be managed by the relevant business's health and safety responsibilities. Regards
johnmurray  
#15 Posted : 28 August 2015 12:50:45(UTC)
Rank: Super forum user
johnmurray

Some have ignored H&S law since the act was passed. Mainly the "self-employed" [sic]
JohnW  
#16 Posted : 28 August 2015 13:58:50(UTC)
Rank: Super forum user
JohnW

westonphil wrote:
I would suggest that those who are out working on domestic properties are still going to work more or less as they always have and those who work in industry are still more or less going be managed by the relevant business's health and safety responsibilities.
Right, the change in the Act will not improve anything. In fact it will make things worse, as many a self-employed who was thinking about doing risk assessments etc will just not bother now as the 'law doesn't apply to me' (even though it does if he puts others at risk). There are of course many 'self-employed' who do have safe systems of work, they need them in order to get contracts with city councils, and construction companies.
westonphil  
#17 Posted : 30 August 2015 13:33:19(UTC)
Rank: Super forum user
westonphil

JohnW wrote:
In fact it will make things worse, as many a self-employed who was thinking about doing risk assessments etc will just not bother now as the 'law doesn't apply to me' (even though it does if he puts others at risk).
I'd like to see the evidence though; I don't know these 'many' who were thinking to do risk assessments because the law said so and who are now not bothering because the law does not say so. In addition I tend to think the HSE do not have nearly enough resources to enforce health and safety laws with the many self employed who work outside business/industry. Regards
johnmurray  
#18 Posted : 30 August 2015 18:37:36(UTC)
Rank: Super forum user
johnmurray

"I tend to think the HSE do not have nearly enough resources to enforce health and safety laws with the many self employed who work outside business/industry" If the laws cannot be removed by the gov, they can, at least, make enforcing them a lot harder.
westonphil  
#19 Posted : 31 August 2015 13:50:53(UTC)
Rank: Super forum user
westonphil

Then write to your MP and advise him/her accordingly and please do come back and let us know what reply you got. Regards
johnmurray  
#20 Posted : 31 August 2015 15:07:37(UTC)
Rank: Super forum user
johnmurray

westonphil wrote:
Then write to your MP and advise him/her accordingly and please do come back and let us know what reply you got. Regards
Why should I? Who really cares anyway? Many, certainly the majority, of single-person self-employed couldn't care less about the H&S act. Never have. Never will. My MP has other, more important, things to do. Several long holidays a year, paid consultant to large businesses etc.
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