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Deregulation of Health and Safety Law for the Self-Employed - Matthew Hodson, Farrar's Building

25/04/17. The Health and Safety at Work etc. Act 1974 (‘HSWA’) has been amended by:

  • The Deregulation Act 2015, which came into force on 26th March 2015; and,

  • The Health and Safety at Work etc. Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015, which came into force on 1st October 2015 (‘the Regulations’).

These amendments affect the responsibilities of the self-employed for those who are not their employees but might nonetheless be affected by their work.

Prior to the changes s.3(2) HSWA had required self-employed persons to ensure so far as reasonably practicable that persons other than their employees should not be exposed to risks to their health and safety.

Following the amendments, the duty is restricted to those whose self employed work is on a prescribed list set out in the Regulations (reg. 2(a) and the Schedule), or those carrying out and activity which (reg. 2(b)):

“may pose a risk to the health and safety of another person”

The Schedule of prescribed activities covers all those self-employed persons whose work includes: agriculture; asbestos; construction; gas; genetically modified organisms and railways...

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