Deregulation Bill — Clause 1 — Health and Safety Law Exemption for Self Employed People — 14 May 2014 at 16:45

The majority of MPs voted to exempt self-employed people from health and safety law; though not to remove their duties towards any employees. The majority of MPs were also voting in favour of giving the Health and Safety Executive power to make regulations that prescribe undertakings for railway safety purposes.

The amendment rejected in this vote was:

• Amendment proposed: 72, page 1, line 1, leave out Clause 1.

One effect of the clause was to amend clause 3(2) of Section 3 of the Health and Safety at Work etc. Act 1974 from:

• (2)It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.

to

• (2)It shall be the duty of every self-employed person who conducts an undertaking of a prescribed description to conduct the undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.

"Prescribed" is defined by Section 53 of the Health and Safety at Work etc. Act 1974 as meaning prescribed by regulations made by the Secretary of State.

At the time of the vote Regulation 3 of the The Management of Health and Safety at Work Regulations 1999 set out the requirements for self employed people to carry out risk assessments.

• [1] Parliament's webpage on the Deregulation Bill
• [2] Clause one of the Deregulation Bill which was the subject of this vote

Debate in Parliament | Source |