- Could other people be harmed by your work activities?
- Do you work where other people have access and could you harm their health or safety?
- Could someone be burnt, scalded, crushed, trip over or fall because of the equipment, materials or substances that you use?
- 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?
From 1 October 2015, in Great Britain, health and safety law will not apply to self-employed people where their work activity poses no potential risk to the health and safety of other workers or members of the public. An estimated 1.7 million self-employed people working in jobs such as novelists, journalists, graphic designers, accountants, confectioners, financial advisors and online traders will be exempt from health and safety at work duties. The change is coming following the introduction of the Health and Safety at Work Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015. These exempt self-employed people whose work activity poses no risk to anyone else from the application of the Health and Safety at Work Act 1974. However, the regulations specify that duties, imposed by the Act, will continue to apply to self-employed people working in agriculture, construction, railways and genetic manipulation or with gas and asbestos. The Act will also continue to apply to any self-employed person who is also an employer. The new regulations do not define activities that will not pose a risk to others. However, the Health and Safety Executive suggest that the approach is to consider whether a self-employed person’s work creates, even if only for a small part of the overall work activity, risks to others. If a self-employed person could justifiably answer no to questions such as;