Your questions answered - May 25

Q: I am a self-employed tradesperson and often work with other contractors and companies. Who is responsible for health and safety matters when we share a site? 

Most sites in the UK are subject to CDM 2023 which places a duty on Principal Designers and Principal Contractors, but overall responsibility still falls on the client.   All people, termed ‘duty holders’ have a responsibility to cooperate and communicate effectively to ensure the safety of themselves. Others connected with their activities and those who may be impacted by their activities.

If you are the party employing contractors, always ensure that contractors have the right skills and training, so they are not posing a risk to their (or anyone else’s) health and safety.

Whether employer or contractor, think about the type of work you do, how and where your work activity takes place, as well as the materials or substances you use.

HSE points out that there are 6 specific high-risk work activities covered by the law: construction, agriculture, operating a railway, working with gas, involvement with asbestos, or with genetically modified organisms. If you work in these fields – or if your work has potential to cause risk to anyone else, even if this is only for a small part of the time on the job, the health and safety law applies to you.

See more from HSE here: Self-employed workers - Overview - HSE.

Q: I’ve recently taken over health and safety responsibilities with an under-performing team. How can I improve the safety culture in the company?

We know that good work is good for people. When done right, work offers a sense of purpose, supports employees through life’s challenges and helps increase productivity and profitability. Good work can have long-term benefits for individuals and drive a prosperous economy. 

Start by providing the correct workplace and equipment. Employers who give their staff the right environment to work in, and the right tools to use, show the standards they expect.

Be an authentic leader who upholds and demonstrates these standards. It is easy to set out expectations, but these can be more impactful if they’re lived and seen by employees as what is accepted as normal practice.

Encourage observation and feedback. Regular, structured observations of work practices help identify safe and unsafe behaviours; providing constructive feedback in real time reinforces positive actions, helping correct risky behaviours before incidents occur.

Foster good employee engagement. When employees are involved in identifying hazards and suggesting improvements, they become more committed to maintaining a safe work environment.

Provide training and opportunity for continuous improvement –a learning culture with regular discussions, debriefs, and safety meetings helps reinforce lessons learned from previous incidents.

Focus on listening and engaging with your staff, bring them along with you by doing what’s right for them and your organisation. 

Q: I am looking to expand my landscaping business and want to explore different routes for employment. What are the rules around health and safety training for casual workers? 

So-called ‘gig working’ typically involves short-term, or slightly more informal working relationships, and work can be on-demand, secured via an online platform, and/or delivered on a task-by-task basis.

It cuts across many sectors, but regarding health and safety issues gig economy workers should be considered in exactly the same ways as other, more permanent or contracted workers.

Along with all the other changes in the ways in which people work, employers must continue to protect worker wellbeing while maintaining the flexibility that some workers seek from these employment arrangements. 

Bear in mind that if you use employment agencies to find and hire workers then definitions become slightly more complex. Refer to the HSE’s helpful information: Health and safety for gig economy, agency and temporary workers - Roles of suppliers and end user businesses 

You mention landscaping but for other business types, this may help Health and safety for gig economy, agency and temporary workers - Sector-specific guidance

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