Does the law apply to me?
How do I know if the law applies?
The law will apply if:
- you are an employer
- your work activity is specifically mentioned in the regulations, this includes work in construction, agriculture, railways or work with gas, asbestos or genetically modified organisms
- your work activity poses a risk to the health and safety of anyone else
How do I know if I create a risk to others?
Think about the types of activities you undertake as part of your work and ask yourself if they pose a risk to the health or safety of others.
You have a duty to protect yourself and others from the risks your work creates, even if this is only for a small part of your overall work activity. However, in practical terms, if you are self-employed you will not have to do anything where there is no risk to others.
Can other people be affected by your work activities? If so, think about the services that you provide to them, in particular:
- Your working environment? Do you work in a garage, workshop or workplace where other people have access? Could you harm their health or safety?
- The equipment, materials or substances that you use? Could someone be burnt, scalded, crushed, trip over or fall? Does your work activity create noise, dust, fumes? Do you use any materials or substances that could injure someone if they came into contact with them?
If the answer is yes to any of above, then it is likely that your work activities may pose a risk to the health and safety of another person and the law will apply to you.
Examples - does the law apply to me?
It is impossible to list all work activities undertaken by the self-employed, the examples below of a range of self-employed jobs are illustrative and will help you determine the types of jobs that do or don't create risks and whether or not they are likely to be exempt from health and safety.
- Accountant - I am a self-employed accountant and I am proposing to take on a work placement student, will the law apply to me?
Yes, you will have duties as an employer and will need to take steps to ensure the health, safety and welfare at work of your employees. - Employer - I am an employer, will this effect the way in which I manage sub-contractors?
No, as an employer you have duties under health and safety law to satisfy yourself that the contractor you choose can do the job safely and without risks to health. The proposed changes will not alter the duties you as an employer have to contractors. - Hairdresser - I'm a self-employed hairdresser, does the law apply to me?
If you use bleaching agents or similar chemicals then yes, the law will apply to you. If you are simply washing and cutting hair, then health and safety law will no longer apply. - Dressmaker - I work at home altering garments and making soft furnishings, does the law apply to me?
No, health and safety law will not apply to you. - Photographer - I take photographs of weddings and special occasions for clients which means that sometimes they visit my studio to discuss arrangements; does the law apply to me?
No, health and safety law will not apply to you. - Artist - I produce cards, gifts and pictures for sale at markets and fairs, does the law apply to me?
No, health and safety law will not apply to you. - Baker - I run a cake business from home, does the law apply to me?
No, health and safety law will not apply to you. - Office work - I work in an office at home, does the law apply to me?
It doesn't depend on whether you're at home; it is the work activity that matters. So, if you're working on a client's accounts, the law will no longer apply. If you're writing a manual, which someone will use to operate machinery, then the law will still apply. - Advice - I am a health and safety consultant and visit clients to give advice, does the law apply to me?
Yes, your clients will act on your advice and this affects how other people do their job. - Landlords - I let rooms and properties to tenants; does the law apply to me?
Yes, you have specific responsibilities under the Gas Safety (Installation and Use) Regulations