We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
The HSE has launched a three month consultation on proposals to
exempt self-employed workers from health and safety legislation
following recommendations made in the Löfstedt report. In
November 2011 Professor Löfsted's independent review of
health and safety regulations recommended that self-employed
workers be exempt from health and safety law if their work
activities pose no potential risk to others. The government
endorsed this view and requested that the HSE draw up proposals to
give this recommendation effect.
The Health and Safety at Work etc Act 1974 places duties upon
self-employed people to ensure that they and others affected by
their activities are not exposed to harm. In addition, over 50
regulations exist which apply to self-employed workers either
expressly or through a broader category of 'person'.
Löfsted commented that such a proposed exemption from these
laws would benefit around one million people.
In the consultation document the HSE proposes three alternative
options for implementation of this recommendation:
Option 1:
Option 1 would allow an exemption for self-employed workers if
the following preconditions are met:
they are self-employed;
they do not employ anyone; and
when carrying out their work activities/conducting their
undertaking or by the products and services created by the work
activities, they must pose no potential risk of harm to
others.
Option 2:
Option 2 would allow an exemption for self-employed workers if
the following preconditions are met:
they are self-employed;
they do not employ anyone;
when carrying out their work activities/conducting their
undertaking or by the products and services created by the work
activities, they must pose no potential risk of harm to others;
and
they do not work in a prescribed industry/sector/site/activity
(referred to "as prescribed sectors"). These are a
combination of high hazard and high risk sectors.
Proposed prescribed sectors include; agricultural activities,
construction, quarries, mining, diving, COMAH and sub-COMAH sites,
offshore activities, nuclear installations, explosives and gas
fitting and installation.
Option 3:
Option 3 would allow an exemption for self-employed workers
if the following preconditions are met:
they are self-employed;
they do not employ others;
their work solely consists of office-type activities;
and
when carrying out their work activities/conducting their
undertaking or by the products and services created by the work
activities, they must pose no potential risk of harm to
others.
The HSE makes preference towards option 2, which provides the
exemption only for self-employed workers who do not work in a
high-hazard, high-risk sector. It is stated that the list of
prescribed sectors would be kept under review to ensure that it
remains appropriate.
The consultation runs from 2 August to 28 October 2012. To view
the consultation paper and for more information on how to respond
please click here.
This article was written for Law-Now, CMS Cameron
McKenna's free online information service. To register for
Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance
only. The information and opinions expressed in all Law-Now
articles are not necessarily comprehensive and do not purport to
give professional or legal advice. All Law-Now information relates
to circumstances prevailing at the date of its original publication
and may not have been updated to reflect subsequent
developments.
The original publication date for this article was
13/08/2012.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The High Court and, most recently, Court of Appeal decisions in the "banker bonus" litigation stemming out of the Commerzbank/Dresdner merger in 2008 have received extensive media coverage.
In October 2012, the Court of Appeal confirmed that a Service Provision Change ("SPC") TUPE transfer can only occur where the client who receives the service, before and after the change, remains the same (Hunter v McCarrick [2012] EWCA Civ 1399).
Following much debate, on 24 April 2013 the House of Lords finally gave its approval to employee shareholder status which will now take effect from Autumn 2013.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
