Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Mark Denyer  
#1 Posted : 15 June 2010 14:54:27(UTC)
Rank: New forum user
Mark Denyer

Hi all,

What are the Health & Safety responsibilities of a Sole Trader?

Presumably even though they do not have a legal obligation to have a written health & safety policy / risk assessments, other legislation such as formal inspection & testing of equipment must be done and recorded?

Thanks in advance

Dwarf & danger

Heather Collins  
#2 Posted : 15 June 2010 15:05:14(UTC)
Rank: Super forum user
Heather Collins

It depends which H&S legislation you are talking about. Sole trader = self-employed and therefore like anyone else a sole trader needs to consider the application of each piece of legislation having regard to the work they are doing.

For example from LOLER

"3) The requirements imposed by these Regulations on an employer shall also apply -
(a) to a self-employed person, in respect of lifting equipment he uses at work;"

The "Application" section of each set of Regs will tell you if they apply to the self-employed. Also be careful about assuming no risk assessments need be done - PUWER for example has an almost identical clause to the one quoted for LOLER above and this had the effect of applying the same duties to a self-employed person as to an employer with regard to work equipment that they use in their work.
David Bannister  
#3 Posted : 15 June 2010 15:20:47(UTC)
Rank: Super forum user
David Bannister

Most of the H&S regulations apply also to self-employed persons. In addition the common law duty of care also applies, so if your sole trader drops a spanner on a passer-by or sprays bacteria-laden fluid in to the nursing home then they will most likely be liable for the harm caused.
PhilBeale  
#4 Posted : 15 June 2010 16:52:41(UTC)
Rank: Super forum user
PhilBeale

Originally Posted by: Dwarf& Go to Quoted Post
Hi all,

What are the Health & Safety responsibilities of a Sole Trader?

Presumably even though they do not have a legal obligation to have a written health & safety policy / risk assessments, other legislation such as formal inspection & testing of equipment must be done and recorded?

Thanks in advance

Dwarf & danger




i think what industry sector you are working in will have a massive effect on what you need to comply with. The more stringent the legislation you need to apply the more likely you won't be able due to cost restraints or will have to charge more to the customer to make a living. trouble is the customer wants all the h&S bells and whistles but doesn't want to pay for it, its a vicious circle.

Phil
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.