What Health and Safety regulations should I take notice of when taking on self-employed persons?

Q. As a health and safety officer for a large employer, what self-employed people am I likely to work with?

A. Certain occupations are commonly carried out by small, self-employed businesses. These include window cleaners, caterers, management consultants (including health and safety consultants), couriers, builders, carpenters, decorators, electricians, plumbers and so on. They may only be on your premises for a matter of minutes, or could be under a long-term contract, eg up to a year. You must have arrangements in place for controlling them and ensuring their health and safety while they are on your premises.

Q. I have noticed that our self-employed window cleaner does not wear a safety harness when working at height. Are we responsible for making sure he wears one?

A. Self-employed people are responsible for identifying risks to themselves from their activities, and providing themselves with, and using, appropriate personal protective equipment (PPE) . The window cleaner should know that there is a high risk of falling when working at height, and should either find a safe way of cleaning upper storey windows or, if this is not possible, wear a safety harness.

Having said that, you are responsible for the health and safety of non-employees on your site. As you are paying for his services, you have a degree of control over him. Your premises should have anchor points for window cleaners if it is not possible to clean windows from the inside without being at risk of falling. Consider the effects on the workforce if the window cleaner fell from his ladder and was killed. Your contract with him should require him to follow site safety rules, and using PPE where necessary should be one of these rules. If the window cleaner persistently fails to wear his safety harness this would breach such a contract, and you should find someone who takes a responsible attitude to health and safety.

Q. I work as a casual kitchen hand for a temporary agency. Who is my employer?

A. Many temporary agencies are set up so they act as a job finder on behalf of self-employed people. It is likely that your agency considers you to be self-employed, with all the health and safety responsibilities that entails, unless you have signed a contract of employment with them. Whether or not you would be classified as an employee of the agency or as a self-employed person in the event of a breach of health and safety law depends on individual circumstances, and can only really be determined by a court.