Self-employed person duty
The obligation on self-employed persons to protect their own health and safety and that of others who may be affected by their work. The scope of the duty and any exemptions differ between frameworks.
By jurisdiction
UK HSE
“self-employed duty”Close equivalentSection 3(2) of HSWA 1974 requires every self-employed person to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that they and other persons who may be affected are not exposed to risks to their health or safety. The Health and Safety at Work etc. Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015 exempt self-employed persons from section 3 duties if their work poses no risk to others, unless they undertake a prescribed undertaking.
Irish HSA
“self-employed duty”Close equivalentSection 14 of the Safety, Health and Welfare at Work Act 2005 requires every self-employed person to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment who may be affected are not exposed to risks to their safety, health or welfare.
US OSHA
“self-employed duty”Partial equivalentSection 4(a) of the OSH Act 1970 states that the Act applies to employers with one or more employees. Self-employed persons with no employees are generally not covered by OSHA regulations as employers. However, certain OSHA standards, such as construction standards, may apply to self-employed contractors on a multi-employer worksite through the controlling employer doctrine.
Practitioner note: GB allows a limited exemption for low-risk self-employed persons who only endanger themselves (2015 Regulations). No such exemption exists in Ireland or OSHA.