Self- employed exemption from health and safety law


Self- employed exemption from health and safety law

09 Jul 2014

Proposals to exempt certain self - employed people from health and safety law

The Health and Safety Executive (HSE) on 7th July, opened an 8 week consultation on proposals to exempt certain self-employed persons from section 3(2) of the Health and Safety at Work etc Act (1974), except those undertaking activities on a prescribed list.  

The change to the Act stems from Professor Löfstedt’s review of health and safety and the general proposal was consulted on by HSE in 2012.  A clause to amend current duties on self-employed persons is included in the Deregulation Bill at clause 1.  

The clause has the effect of limiting the scope of section 3(2) of HSWA to those self-employed carrying out specified activities, working in certain industry sectors or with hazards of a prescribed description.  All others will be exempt. The amendment gives the Secretary of State power to make regulations for the purposes of prescribing those self-employed persons who still have duties.

HSE is seeking views on the clarity of the definitions relied upon in the draft regulations. 

The consultation will end on 31 August 2014.

The consultation is available on line at