![PP Construction Safety logo and link to home page [1]](http://www.ppconstructionsafety.com/wp-content/themes/ppcs960/images/ppcslogo.jpg)
HSE PUBLISH PROPOSALS FOR SELF-EMPLOYED EXEMPTION
Regulator prefers approach which avoids ‘pitfalls’ of exempting construction
HSE has published a Consultative Document (CD) seting out proposals for the implementation of the recommendation in Professor Löfstedt’s report to exempt from health and safety law those self-employed whose work activities pose no potential risk of harm to others.
In March 2011, Rt Hon Chris Grayling MP, Minister for Employment asked Professor Ragnar Löfstedt, to conduct an independent review of health and safety regulations to identify opportunities to simplify the rules.
One of the key recommendations from this review was to exempt from health and safety law those self-employed people whose work activities pose no potential risk of harm to others
HSE open about the preferred approach
The option preferred by HSE is to exempt from health and safety law, the self-employed who pose no potential risk of harm to others and who do not work in a high risk sector as prescribed by the Secretary of State.
The prescribed sectors proposed include: agricultural activities; construction; quarries; mining; diving; COMAH12 and sub-COMAH sites; offshore activities; nuclear installations; explosives; and gas fitting and installation.
HSE justify this option on the grounds that the:
“best way to implement Professor Löfstedt’s recommendation, and to provide clarity, is to exempt from health and safety law, the self-employed who pose no potential risk of harm to others and who do not work in a high-hazard, high-risk sector as prescribed by the Secretary of State. The prescribed list would be kept under review by HSE to ensure that it remains appropriate.
The purpose of the added qualification, which is not explicit in Löfstedt, is to recognise the pitfalls of allowing exemptions in sectors of high hazard or risk. We do not believe the potential downside of this option is significant as those who pose only an occasional risk will nevertheless need, in any case, to ensure that they are able to meet their HSWA requirements.
This option should ensure that there is no dilution of the standards of legal protection where the application of health and safety law is warranted. Moreover, HSE will continue to provide advice and guidance for all self-employed persons whether exempt or not, to use as they wish on a wide range of health and safety topics.”
Latest Construction Health and Safety News
SEVENTH LONDON CYCLIST DEATH DURING 2018
Building products vehicle involved in death of Queens doctor
Read the rest of this article »
Posted on 17th August 2018HSE ENFORCEMENT WEEKLY UPDATE 15th AUGUST 2018
Prosecutions and enforcement notices register latest version
Read the rest of this article »
Posted on 15th August 2018MAJOR CONTRACTOR FAILED TO SUPERVISE LIFT
Errors whilst lifting pre-cast concrete blocks fined £600,000
Read the rest of this article »
Posted on 14th August 2018FIRM FINED £400,000 OVER VIBRATING TOOLS RISK
Hand-held orbital sanders, rivet guns, grinders and drills caused harm
Read the rest of this article »
Posted on 14th August 2018OVERHEAD POWER AND EARTHING OF SCAFFOLDS
NASC combines updates advice on scaffold electrical risks
Read the rest of this article »
Posted on 9th August 2018REVERSING VEHICLE CLAIMED LIFE OF ‘BANKSMAN’
Workman trapped whilst assisting colleague in reversing lorry
Read the rest of this article »
Posted on 7th August 2018TWO WORKMEN DIED IN SPRAY BOOTH EXPLOSION
Flammable vapour ignited by ignition sources present at the scene
Read the rest of this article »
Posted on 6th August 2018SOLAR SPECIALIST FAILED TO PLAN FOR SAFETY
Fragile roof failed under weight of solar installation worker
Read the rest of this article »
Posted on 6th August 2018DIRECTOR AND COMPANY FINED FOR SAFETY BREACHES
Basic work at height risks and welfare requirements ignored
Read the rest of this article »
Posted on 6th August 2018REFURB PROJECT REQUIRED ASBESTOS ASSESSMENT
Property management firm fined over lack of asbestos survey
Read the rest of this article »
Posted on 6th August 2018CLIENT FAILED MANAGEMENT ARRANGEMENTS TEST
Homes developer prosecuted for breaching CDM 2015 client duties
Read the rest of this article »
Posted on 6th August 2018JAIL TERM FOR DEVELOPER AFTER BUILDING COLLAPSE
Inexperienced workers demolished structure without Principal Contractor
Read the rest of this article »
Posted on 6th August 2018CDM 2015 DUTYHOLDERS IGNORED HSE ADVICE
Contractor, client and director convicted after dangerous site conditions
Read the rest of this article »
Posted on 6th August 2018MASSIVE FINE OVER USE OF UNSAFE GAS FITTINGS
College gas installation contractor exposed after multiple gas leaks
Read the rest of this article »
Posted on 17th July 2018TEMP WORKS DESIGNED BY MANAGER AND UNCHECKED
Collapse of platform highlighted failure in temporary works management
Read the rest of this article »
Posted on 17th July 2018RAISING SAFETY STANDARDS FOR CRANE LIFTING OPS
Major crane seminar seeks to raise standards and share best practice
Read the rest of this article »
Posted on 17th July 2018WORKMAN SURVIVES 6m FALL THROUGH ROOFLIGHT
Unsecured boards provided to cover nearby fragile materials
Read the rest of this article »
Posted on 17th July 2018MAJOR FACILITIES FIRM FAILED ON FLAT ROOF SAFETY
Site specific planning lacking and safety standards not monitored
Read the rest of this article »
Posted on 17th July 2018HSE ALERT: UNAUTHORISED ACCESS TO SCAFFOLDS
Regulator sets out new guidance to protect children and the public
Read the rest of this article »
Posted on 17th July 2018ASSUMING OTHERS WILL ACT IS NO DEFENCE
Incomplete edge protection caused 8m fall from roof
Read the rest of this article »
Posted on 17th July 2018LEADING ROOFING SPECIALIST FOUND WANTING
Risk to employees and the public after failure to meet required standard
Read the rest of this article »
Posted on 17th July 2018SCAFFOLDER DEVELOPMENT EMBRACED BY INDUSTRY
CPD training attracts over 2500 scaffolders during first year of operation
Read the rest of this article »
Posted on 11th July 2018SECURITY PANELS FELL DESPITE EARLY WARNING
Firm fined £1/4 million after worker crushed by falling fencing
Read the rest of this article »
Posted on 10th July 2018VEHICLE STRIKE TRIGGERED FALL OF ROOF TRUSSES
Manufacturer failed to identify a suitable safe system of work
Read the rest of this article »
Posted on 10th July 2018INCIDENT: CHILD STRUCK BY FALLING OBJECT
Wood falling from scaffold triggers arrest of two on construction site
Posted on 10th July 2018
