· Features

Employers warned of legal risk as freelancers know nothing about health and safety

The Health and Safety Executive (HSE) and the Corporate Health and Safety Committee (CHSC) have now released their government approved plan for 2009 - 2012 which sets out three key themes that all organisations now need to be aware of and adhere to.

These are:-

  • Providing strong leadership, active management and collective ownership
  • Tackling risk priorities
  • Developing Measurements and improving Monitoring

For lots of organisations who take health and safety matters seriously this will pose few problems and it is quite possible that these three themes are already embedded in existing policy. For other organisations who already have a reasonable policy in place these new regulations might be seen as a ‘necessary evil’ i.e. more bureaucracy to deal with but for a good cause. There is a third category of organisation though that will view these new regulations with trepidation. These are the organisations which are already falling short in their health and safety obligations.

It’s true that Health and Safety has been getting some bad press recently in relation to EU directives that seem to place unrealistic responsibilities on companies or employees in relation to health and safety. Although there is undoubtedly some truth in this, it misses the more fundamental point that the rationale behind most health and safety practices is sound. The principles are based on the need to protect individuals from accidents in the workplace and even save lives.

One of the greatest challenges for any employer or manager is ensuring that all staff are fully aware of the health and safety responsibilities of the organisation they work for. Some of these responsibilities fall upon the employer and some are the individual responsibility of the staff member. Where this principle seems to fall down however is in relation to any freelancers who are also working, albeit temporarily, within the organisation. Very often freelance staff are either ‘forgotten’ or overlooked by organisations when it comes to health and safety issues. A lot of companies use the services of freelancers, contract staff, part time workers, students or casual workers who may not have been included in any H&S meetings, briefings or circulars. Sometimes this is due to a simple oversight by the organisation or it may be because freelance workers may be more ‘mobile’ and work in different parts of the organisation rather than a fixed location. This situation, however, can obviously be a huge risk if a health and safety incident occurs and not everyone has been briefed or trained on what action to take.  

The new regulations are all about raising the profile of H&S within organisations but there is an assumption that the basics are already in place. I know from personal experience that in many organisations that is not always the case, particularly where freelancers are concerned.

For example, it is not widely known that the ‘Premises Manager’ legally has full responsibility for everyone within the premises including the staff of the organisation, any members of the public on site, contractors, service people on site (electricians, plumbers etc) and even the window cleaners outside!

Health and safety legislation requires that, with the exception of the public, all other individuals should have full third party insurance cover before they work on the site. They should also be aware of their H&S obligations and responsibilities whilst they remain on site. Responsibilities will include things like the provision of "Personal Protection Equipment" (PPE) as well as instructions re the position of fire exits, evacuation points, fire alarms and times of any tests, first aid points etc.

The bottom line is that organisations need to ensure that everyone within the wider work environment is fully briefed and trained in health and safety policy. This means keeping accurate records of all freelance workers, temporary staff, contractors and other individuals who might be on the periphery of the organisation and who need to be trained as much as permanent staff.

Clearly, anything that prevents accidents and saves lives has got to be the right course of action. Freelancers must accept that it is their personal responsibility to understand the health and safety policies of the company they are working for and H&S Managers must make sure this happens as a matter of routine.

Andy Watts is chief executive, Virtua UK