The HSE has redesigned its webpages for self-employed workers to make it easier for them to understand when health and safety law applies and to find the guidance they need.
The refreshed pages explain:
when health and safety law applies
deciding if your work activity creates a risk to others
high-risk work activities that apply to self-employed workers
how to comply with the law if it applies to you.
Who a self-employed worker is under the law
For health and safety law purposes, 'self-employed' means:
you do not work under a contract of employment
you work only for yourself
If you are self-employed but employ others the law will apply to you. You may be self-employed for tax purposes, but this may not be the case for health and safety.
It is a complex area and it may help you to read the advice from HM Revenue and Customs (HMRC) in their employment status guidance about working for yourself (on GOV.UK).
When health and safety law applies
If you are self-employed, health and safety law applies to you if:
you employ anyone – even temporarily, such as on a short-term contract
your work activity poses a potential risk to the health and safety of others, for example using chemicals that could cause harm, creating noise, dust or fumes, or using equipment that could injure someone
you do work involving 6 specific high-risk work activities covered by the law – this includes work:
in construction
in agriculture
in operating a railway
with gas
involving asbestos
with genetically modified organisms.
When the law does not apply
If you are self-employed, health and safety law does not apply to you when:
you do not employ anybody
your work does not pose a risk to anyone else.
Deciding if your work activity creates a risk to others
This page will help you decide if your work activity is likely to create a risk to others. It includes examples to help you decide when health and safety law will apply to you.
What risk means
Risk is the likelihood of:
someone else being harmed or injured as a result of your work activity, such as members of the public, clients or contractors
a person being harmed or suffering harmful health effects if exposed to a hazard your work activity creates
How to decide if you create a risk to others
You have a duty to protect yourself and others from the risks your work activity creates, even if this is only for a small part of the time you are working.
Think about:
the sort of work you do and if it could pose a risk to the health or safety of anyone else
how and where your work activity takes place, particularly your working environment and equipment, materials or substances you use
If the answer is yes to any of the following questions, 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.
Your working environment
Do you work outside?
Do you work in premises or other workplaces where people can visit or have access to, and could you harm their health or safety?
Equipment, materials or substances you use
Could someone be harmed, for example burnt, scalded, crushed, trip over or fall?
Does your work activity create noise, dust or fumes?
Do you use any materials or substances that could injure someone if they came into contact with them?
Examples to help you decide when health and safety law will apply
This is not a comprehensive list, but the examples will help you understand when self-employed work can create a risk to others.
An employer managing sub-contractors
As an employer you have duties under the law to ensure the contractor you choose can do the job safely and without risks to health and safety. The proposed changes will not alter the duties you as an employer have to contractors.
A landlord letting rooms and properties to tenants
You have specific responsibilities under the Gas Safety (Installation and Use) Regulations. There is more advice under ‘Working with gas’ on our page covering high-risk activities for self-employed workers.
A self-employed hairdresser/barber
If you use potentially harmful bleaching agents or similar chemicals then the law will apply to you. However, if you are simply washing and cutting hair, then health and safety law will no longer apply. There is guidance on Control of Substances Hazardous to Health (COSHH).
A self-employed person working at home
It is the work activity that matters. If you are working on a client's accounts, the law will no longer apply. However, if you are writing a manual someone will use to operate dangerous machinery, then the law will still apply to you. There is more advice on home working.
A photographer
If you are a landscape photographer working by yourself who develops your photographs at home, the law does not apply to you. However, if you take aerial photographs, for example using a drone, you could injure others so the law would apply to you.
A self-employed courier or delivery driver
If you drive vehicles or ride powered 2-wheelers (including motorcycles, mopeds and scooters) or bicycles on the road as part of your work activity, then the law applies to you while you are driving for work. However, if you are travelling to a fixed site, commuting or using the same type of vehicle or powered 2-wheeler for a personal journey, then the law will not apply.
A health and safety consultant visiting clients to give advice
Your clients will act on your advice and this affects how other people do their job in terms of health and safety so the law applies. HSE has guidance for employers on what they can expect when getting specialist help with health and safety.
A self-employed accountant taking on a work placement student
You will have duties as an employer and will need to take steps to ensure the health, safety and welfare at work of your employee. There is guidance on young people at work.
High-risk work activities that apply to the self-employed
There are 6 ‘prescribed’ high-risk activities carried out by self-employed people that can result in fatalities and serious injuries.
For these activities, health and safety law will still apply and you can find more detail in the General Duties of Self-Employed Persons (Prescribed Undertakings) Regulations (on legislation.gov.uk).
The types of high-risk work activities are set out in the sections below.
Working in agriculture
Agriculture (including forestry) means any work activity mentioned in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations.
Agricultural activities mean all types of farming including arable and dairy, keeping livestock, grazing land, market gardening and forestry.
Check the Health and Safety (Enforcing Authority) Regulations (on legislation.gov.uk) to see if the work you do is included.
You can find HSE guidance on health and safety in agriculture.
Working in construction
This means any work activity mentioned in the Construction (Design and Management) Regulations.
This includes any work which is carried out on a construction site, which means any place:
where construction work is being carried out, or
which workers have access to
It applies to both commercial sites and domestic premises.
Check the Construction (Design and Management) Regulations (on legilsation.gov.uk) to see if the work you do is included.
There is guidance on health and safety in construction.
Work that involves asbestos
If your work activity involves asbestos, you are not exempt from health and safety law.
Further advice and guidance can be found in HSE’s asbestos web pages, or in the publication Managing and working with asbestos.
Working with gas
This means any work activity which is mentioned in the Gas Safety (Installation and Use) Regulations.
Working with gas includes the installing, servicing, maintaining or repairing of any gas appliances or gas fittings both in domestic and commercial premises.
Landlords have specific responsibilities to their tenants on gas safety. Check the Gas Safety (Installation and Use) Regulations (on legislation.gov.uk) to see if the work you do is included.
The HSE has more guidance on gas safety. It includes an explanation of landlords’ duties.
Working with genetically modified organisms (GMOs)
You are not exempt from health and safety law if your work activity:
involves GMOs within a research laboratory or a biotechnology production facility
means GMOs are not released into the environment
Further advice and guidance can be found in HSE’s biosafety webpages on GMOs.
Working on a railway
The Office of Rail and Road (ORR) is the health and safety regulator for railways in Great Britain. If you are self-employed, you might be involved is some of the following railway activities:
using, cleaning, or repairing railway vehicles
loading or unloading activities
inspecting or repairing the railway’s infrastructure
working with heritage railways
coming into contact with older railway vehicles or parts which might still contain asbestos
You have a duty under the law to cooperate with transport operators, including on any safety-critical tasks carried out on the railway. You can check the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations to find out what is included in ‘the operation of the railway’.
There is more guidance on ORR’s website.
High-risk work activities that apply to the self-employed
There are 6 ‘prescribed’ high-risk activities carried out by self-employed people that can result in fatalities and serious injuries.
For these activities, health and safety law will still apply and you can find more detail in the General Duties of Self-Employed Persons (Prescribed Undertakings) Regulations (on legislation.gov.uk).
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