In many workplaces, employers and business owners hold the most responsibility for workplace health and safety. Employers need to make sure that work environments are as safe as possible and that workers have the skills, knowledge, experience and training necessary to complete activities safely — without endangering themselves or anyone else.
However, everyone involved in business operations usually has a degree of responsibility for ensuring health and safety standards are met, and that includes self-employed people.
Self-employed health and safety is something that often gets ignored. This is because there is a common misconception that self-employed people don’t need to manage risks or worry about health and safety as they only have themselves to look after. But as a self-employed person, health and safety is something you need to take seriously.
Why Self-Employed Health and Safety Is Important
When you work for yourself, health and safety precautions should be worked into all of your projects. The last thing you need is to have to take time off sick because of work-related ill-health or injuries. Time off equals money lost, and if you sustain serious injuries or develop long-lasting health conditions as a result of your work, this can end up ruining your profession.
You also need to consider how your work might affect others. If you’re working with other self-employed people, or if you’ve been hired by a larger organisation and are working with employees and contractors on a big project, your actions will affect the health and safety of everyone involved.
Even if you’re working alone on a project, you need to take steps to mitigate health and safety risks to protect not only yourself but also any site visitors, members of the public or householders (if you’re working on a domestic project).
Free Health & Safety Policy Checklist
Ensure your health and safety policy covers all the key areas with a checklist that’s simple to understand.
Enter your details, and we’ll email you a health and safety checklist that includes step by step details of what you should include in your policy.
By submitting this form you confirm you are happy to be contacted by CHAS in accordance with our Privacy Policy
What Does the Law Say about Self-Employed Health and Safety?
Before determining your legal responsibilities as a self-employed person, you need to find out if you’re actually classed as self-employed under health and safety law. You might be deemed self-employed by HMRC for tax purposes, but there’s a slightly different definition when it comes to health and safety responsibilities.
The Health and Safety Executive (HSE) defines a self-employed person as someone that doesn’t work under a contract of employment and only works for themselves.
If that definition accurately describes you, health and safety laws won’t apply to you unless you also employ people, or your work poses a risk to the health and safety of others. However, this should not detract from the importance of undertaking your works in a safe and considerate manner.
If you’re self-employed and you employ workers, you’ll have the same legal responsibilities as any other employer. These responsibilities include carrying out risk assessments and completing RAMS documents, choosing suitably skilled and knowledgeable workers, consulting your workers about health and safety and sharing any important health and safety information with them.
You’ll also need to comply with health and safety law if you carry out high-risk activities on a regular or occasional basis. High-risk activities include those that could result in injuries, serious health problems or fatalities.
To make it simpler for you to determine whether or not your work is classed as high-risk, work involving the following activities and materials is required to comply with health and safety law:
- Agriculture (including forestry)
- Asbestos
- Construction
- Gas
- Genetically modified organisms
- Railways
The list might not be extensive, but a number of professions can involve the above activities or materials. For example, health and safety laws may apply to hairdressers that use chemical products, landlords or cleaners.
Construction is also one of the most high-risk industries, so tradespeople within this sector will need to comply with all the relevant legislation including the CDM 2015 Regulations and the COSHH Regulations.
What If Health and Safety Law Doesn’t Apply to You?
Whether you’re required to comply with health and safety law or not, as a self-employed person you can still be held responsible and legally liable if you put anyone else at risk. So health and safety is something you need to consider and take seriously regardless of your work activities.
Take control of your self-employed health and safety by joining CHAS as a contractor. Gain access to leading risk management resources and nationally recognised accreditation schemes. Demonstrate your compliance to clients with CHAS accreditation, prequalify for work opportunities and land more contracts.
Got A Small Works Job? Get A Free Health & Safety Guide
Are you wondering whether you should adjust your health and safety procedures for your small works project?
Enter your details to download our free guide on how to notify HSE and complete a health and safety file for small works jobs.
By submitting this form you confirm you are happy to be contacted by CHAS in accordance with our Privacy Policy
