I have a client who employs a housekeeper and gardener/handyman. The handyman had a minor accident with a backhoe attachment on his tractor, and because they are employers, the employer asked me to investigate the incident. which I have now done. They have now asked me what else they should be doing to ensure their employers are safe. Since they employ less than 5 employees, they in theory don't need to document everything, but I am suggesting risk assessments are undertaken and documented for all activities the couple do and substances they use. How far should I go with documentation (SSW's); all my other clients are businesses with more than 5 employers, but with this being a domestic environment, and not a business as such, don't want it to be bureaucratic.

Not 'in theory', but in law. And will that bundle of paper improve or otherwise effect the safety, behaviour, competency, etc. Of these 2 employee ? I very much doubt that, so what's the point?

In terms of application of HASWA I believe that much depends on the terms of their contract and whether they have a contract 'of service' or contract 'for service'. Legal advice is needed.

Regardless of whether HASAWA applies, the workers are owed a common law duty of care by the householders. The supply and use of mechanical equipment, horticultural chemicals etc is inherently hazardous and can easily lead to harm. Whether that harm would be due to negligence will depend on a variety of factors, depending on the exact circumstances and what had been done to minimise risk.

If the 'employer' is an employer ONLY because they engage "private domestic servants" s51 excludes the employer form further HSWA duties. If they are an employer of others, in business, this exclusion does not count, nor if the workers do other (non-domestic) tasks. However, civil duty of care applies as ever. Proportional response would be to provide simple, understandable instructions for the use of powered equipment or tools, probably best googled, RoSPA may be a source, and make sure they are wearing / using decent footwear, gloves and eye protection if needed. Electrical and petrol powered kit needs specific user 'rules'.

Section 51 seems to apply more to housekeeper type work, cleaning, washing etc. So does it apply to the handyman/gardener, who is using tractor, chain saws, brush cutters, backhoe attachments etc. which are much more much more hazardous than using a vacuum cleaner. Would electrical equipment like a vacuum cleaner, steam iron need testing etc.

"51: Exclusion of application to domestic employment. Nothing in this Part shall apply in relation to a person by reason only that he employs another, or is himself employed, as a domestic servant in a private household." 'Domestic servant' is not defined. I am suggesting that a proportionate approach to applying practical safety standards to gardening (and other tasks) is all that is required in a business of less than 5, regardless of whether s51 applies in this case. The manufacturers instructions for any powered equipment will be a rich seam of information, usually untapped. Electrical testing? Really? Maybe if a landscaping business . . KISS x