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YJHR  
#1 Posted : 22 October 2021 22:07:05(UTC)
Rank: Forum user
YJHR

Good evening all, Wondered if any peers had guidance available on the health and safety requirements employers should follow when using self-employed freelancers? As the company has a mixture of full time office staff and field trainers, writing a health and safety policy that covers both sets of groups may be tricky, e.g. outlining that DSE is provided for staff but not trainers, ways in which staff would be referred to Occupational Health but self-employed freelancers would not. For clarity - these self-employed freelancers are paid per day they work for the company and are not entitled to company sick pay, annual leave etc. Do the HR optics change anything in terms of health and safety policy? Or would you create one “staff” policy and one “freelancer” policy? Thanks in advance all - historically I have only dealt with employees in the terms of being “on the books” so any information is greatly appreciated.
Kate  
#2 Posted : 23 October 2021 09:06:44(UTC)
Rank: Super forum user
Kate

It would be worth asking what is in your freelancers' contracts so that whatever you do is compatible with that. I am self-employed and my contract with my client contains terms to the effect that I will comply with their policy and procedures, and that the client will make these documents available to me. 

Some of these procedures of course refer to things that are provided to employees but not to freelancers, such as eye tests.  As long as these procedures say that such things apply to employees, there is no need to state explicitly that they are not provided to freelancers.

Your policy statement presumably makes reference to your intention to protect anyone affected by your business activities.  This should cover freelancers either explicitly or implicitly (along with other contractors, visitors, clients, members of the public etc).

The easy way to do this is just for each procedural requirement to be clear about who it applies to, which it really ought to do anyway.  Some will apply to employees only in which case you would just use the word "employees".  Others will apply to anyone working on your behalf or representing your business in which case you would use words to that effect.

The bigger difference in health and safety between the two groups you mention isn't their contractual status but the kind of work they do.  For example, if your freelance trainers are driving around to your clients, you will want them to adhere to your driving policy.  But your driving policy would be about any business travel on behalf of the company, not a driving policy just for freelancers.

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