3. Deciding if your work activity creates a risk to others
This page will help you decide if your work activity is likely to create a risk to others. It includes examples to help you decide when health and safety law will apply to you.
What risk means
Risk is the likelihood of:
- someone else being harmed or injured as a result of your work activity, such as members of the public, clients or contractors
- a person being harmed or suffering harmful health effects if exposed to a hazard your work activity creates
How to decide if you create a risk to others
You have a duty to protect yourself and others from the risks your work activity creates, even if this is only for a small part of the time you are working.
Think about:
- the sort of work you do and if it could pose a risk to the health or safety of anyone else
- how and where your work activity takes place, particularly your working environment and equipment, materials or substances you use
If the answer is yes to any of the following questions, it is likely that your work activities may pose a risk to the health and safety of another person and the law will apply to you.
Your working environment
- Do you work outside?
- Do you work in premises or other workplaces where people can visit or have access to, and could you harm their health or safety?
Equipment, materials or substances you use
- Could someone be harmed, for example burnt, scalded, crushed, trip over or fall?
- Does your work activity create noise, dust or fumes?
- Do you use any materials or substances that could injure someone if they came into contact with them?
Examples to help you decide when health and safety law will apply
This is not a comprehensive list, but the examples will help you understand when self-employed work can create a risk to others.
An employer managing sub-contractors
As an employer you have duties under the law to ensure the contractor you choose can do the job safely and without risks to health and safety. The proposed changes will not alter the duties you as an employer have to contractors[5].
A landlord letting rooms and properties to tenants
You have specific responsibilities under the Gas Safety (Installation and Use) Regulations. There is more advice under ‘Working with gas’ on our page covering high-risk activities for self-employed workers[6].
A self-employed hairdresser
If you use potentially harmful bleaching agents or similar chemicals then the law will apply to you. However, if you are simply washing and cutting hair, then health and safety law will no longer apply. There is guidance on Control of Substances Hazardous to Health (COSHH)[7].
A self-employed person working at home
It is the work activity that matters. If you are working on a client's accounts, the law will no longer apply. However, if you are writing a manual someone will use to operate dangerous machinery, then the law will still apply to you. There is more advice on home working[8].
A photographer
If you are a landscape photographer working by yourself who develops your photographs at home, the law does not apply to you. However, if you take aerial photographs, for example using a drone, you could injure others so the law would apply to you.
A self-employed courier or delivery driver
If you drive vehicles or ride powered 2-wheelers (including motorcycles, mopeds and scooters) or bicycles on the road as part of your work activity, then the law applies to you while you are driving for work. However, if you are travelling to a fixed site, commuting or using the same type of vehicle or powered 2-wheeler for a personal journey, then the law will not apply.
A health and safety consultant visiting clients to give advice
Your clients will act on your advice and this affects how other people do their job in terms of health and safety so the law applies. HSE has guidance for employers on what they can expect when getting specialist help with health and safety[9].
A self-employed accountant taking on a work placement student
You will have duties as an employer and will need to take steps to ensure the health, safety and welfare at work of your employee. There is guidance on young people at work[10].
Find out more about managing risk
Our guidance on managing risks and risk assessment[11] explains more about the risks your work activity may create and how best to manage them.