Health and Safety at Work etc. Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015

Debate between Baroness Altmann and Lord Hodgson of Astley Abbotts

Wednesday 22nd July 2015 Lords Chamber

[Baroness Altmann]

I absolutely share the noble Lord’s view that this is very important legislation. The advances we have made in health and safety and the consequent reductions in accidents, along with the measures introduced all those years ago, are a significant achievement and success. However, I am suggesting that certain businesses can be exempted from this provision because they pose no risk to the public. I certainly would not wish to give the impression, and I hope I have not, that everybody who works from home is exempt. One million self-employed people will still be covered by the regulations. They will apply only to certain types of activity and they will be made clear. They will be clarified by the guidance and by the campaign that will be launched six weeks before these measures come into effect.

[Lord Hodgson of Astley Abbotts (Con)]

Perhaps my noble friend might like to explain to the noble Lord, Lord McKenzie, and the party opposite that what is actually needed here is common sense, not risk assessment. Risk assessment is a formal legal process. People should use their common sense to make sure that they look after themselves. I think that is what my noble friend is trying to drive at and it must be the right way to proceed—to avoid paper form-filling and unnecessary diversion of effort for people who, with common sense, could work it out for themselves.

[Lord McKenzie of Luton]

But is risk assessment not a matter of common sense?