Health and Safety Executive Health and Safety Executive Proposals to exempt from health and safety law those self-employed whose work activities pose no potential risk of harm to others. Reply Form Completing this Questionnaire You can move between questions by pressing the ‘Tab’ / ’Shift-Tab’ or ‘Page Up’ / ‘Page Down’ keys or by clicking on the grey boxes with a mouse. Please type your replies within the rectangular grey boxes, or click on the square grey boxes to select an answer (e.g. ‘Yes’ or ‘No’). Respondent’s details: Name: Email: Town / City: Telephone: Job Title: Postcode: Street address: Organisation: Fax: Page 1 of 15 Health and Safety Executive Size of organisation: Choose one option: Not applicable 1 to 9 employees 10 to 49 employees 50 to 249 employees 250 to 1000 employees 1000+ employees Self-employed # Type of organisation: Choose one option: Academic Charity Consultancy Business Health and safety professional Local government Member of the public National government Non-departmental public body Non-governmental organisation Pressure group Trade association Trade union Training provider If you chose ‘Business’ please advise the type of business: Page 2 of 15 Health and Safety Executive What capacity are you answering in: Choose one option: An employer An employee Self-employed person Trade union official Other - please provide details: Confidentiality Please indicate below if you do not wish details of your comments to be available to the public. (NB if you do not put a cross in the box they will be made available to the public. This takes precedence over any automatic notes on e-mails that indicate that the contents are confidential.) If you have selected “self-employed person” please go to question 1 for the self employed. If you have selected any option other than 'self-employed person' please go to question 7 where the questions for all consultees begin. Q1. What is your occupation/job? Q2. Do you employ anyone? Page 3 of 15 Health and Safety Executive Yes No Q3. How much time did you devote to reading and understanding your legal health and safety duties when starting up your business? Q4. Are there any other sources of health and safety requirements being placed on your business (eg from potential clients or insurance companies)? Yes No Don’t know If you have answered yes, please provide further details. Page 4 of 15 Health and Safety Executive Q5. Could you apply the flow-charts shown in the annexes to determine whether the proposed exemption applies to you? Yes No Don’t know Please provide some comments to support your answer. Q6. Do you believe that the changes we propose to make would make enforcement action including prosecution against you less likely? Yes No Don’t know If you have answered yes, please provide further details. Page 5 of 15 Health and Safety Executive Q7. Do you agree that Option 2 provides the best way to exempt the self-employed from health and safety legislation without creating risks to other people? Yes No Don’t know Please provide some comments to support your answer. Q8a. Do you have comments on the following proposed list of prescribed industries/activities/sites which are identified for Option 2? (see page 10 and Annex 3) (i) agricultural activities Page 6 of 15 Health and Safety Executive (ii) construction (iii) quarries ( (iv) mining Page 7 of 15 Health and Safety Executive (v) diving (vi) Control of Major Accident Hazards (COMAH) and sub-COMAH sites (vii) offshore activities Page 8 of 15 Health and Safety Executive (viii) nuclear installations (ix) explosives Page 9 of 15 Health and Safety Executive (x) gas fitting and installation Q8b. Would you suggest any changes to this list? Yes No Suggested changes: Q9. Assuming that you have knowledge of groups of self-employed persons who would be exempted, do you think an exemption from health and safety law would cause them to change their behaviour? Yes No Don’t know Page 10 of 15 Health and Safety Executive Please provide some comments to support your answer. Q10a. Do you have any comments on the initial Impact Assessment at Appendix A of the costs and benefits of the change? Yes No Don’t know Please provide some comments to support your answer. Q10b. Are there other factors that need to be taken into account? Yes No Don’t know Page 11 of 15 Health and Safety Executive Please provide some comments to support your answer. Q11. Do you agree with the assumptions that have been made in the Impact Assessment, including those on familiarisation? Yes No Don’t know Please provide some comments to support your answer. Q12. Are there any additional potential negative impacts that the Impact Assessment does not take into account? Yes No Don’t know Page 12 of 15 Health and Safety Executive Please provide some comments to support your answer. Q13. Are there any additional potential positive impacts that the Impact Assessment does not take into account? Yes No Don’t know Please provide some comments to support your answer. Q14. Do you agree with the Equality Impact Assessment at Appendix B of the consultative document? Yes No Don’t know Page 13 of 15 Health and Safety Executive Please provide some comments to support your answer. Q15. Would the exemption of self-employed persons who pose no potential risk of harm to others have any other implications (positive or negative) that have not been considered? Is there anything you particularly liked or disliked about this consultation? Please comment if you wish Page 14 of 15 Health and Safety Executive Do you have any other comments on the proposals that have not been covered by this questionnaire? Please send your response by 28 October 2012 to: Sarah Wadham Health and Safety Executive, 1.3.74 Redgrave Court, Merton Road Bootle L20 7HS Tel: 0151 951 4191 Fax: 0151 951 5874 E mail: selfemployed2013@hse.gsi.gov.uk Thank you for taking the time to complete this questionnaire Page 15 of 15