What is meant by 'self-employed'?

FISA Bulletin

FISA have received several phone calls about self employed persons working in the forestry industry, mainly from those working in the planting sector.

What is meant by 'self-employed'?

You may be self-employed for tax purposes, but this may not be so for health and safety. For health and safety law purposes, 'self-employed' means that you do not work under a contract of employment and work only for yourself. Under health and safety law purposes you will see the reference to ‘workers’, which generally means those you instruct the work/location of work/hours of work.

If you're self-employed and employ others the law will apply to you.

This is a complex area and HMRC have produced employment status guidance.  This link includes the HMRC ‘Check Employment Status for Tax tool’ which can be helpful in determining whether you are self employed or should be classed as an employee. You can complete the tax tool without entering your name or contact details, it gives a view of a worker’s employment status, based on a series of questions asking for information (you do not need to enter contact details or any details which identify an individual person or organisation).

I'm self-employed, Does COSHH (Control of substances hazardous to health) apply to me?

Yes - If you have employees (those for whom you control their work), every part of COSHH applies. COSHH sets out requirements on what to do to control exposure to hazardous substances in the workplace.

Personal protective equipment (PPE) at work regulations - Amended regulations

On 6 April 2022 the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022) came into force. They extend employers’ and employees’ duties regarding personal protective equipment (PPE) to limb (b) workers. If PPE is required, employers must ensure their workers have sufficient information, instruction and training on the use of PPE.

General duties of limb (b) workers

Generally, workers who come under limb (b):

• carry out casual or irregular work for one or more organisations
• after 1 month of continuous service, receive holiday pay but not other employment rights such as the minimum period of statutory notice
• only carry out work if they choose to
• have a contract or other arrangement to do work or services personally for a reward (the contract doesn’t have to be written) and only have a limited right to send someone else to do the work, for example swapping shifts with someone on a pre-approved list (subcontracting)
• are not in business for themselves (they do not advertise services directly to customers who can then also book their services directly)