Self-Employed Instructors – HSE Update to Guidelines

HSE Updates Health and Safety Guidance for Self-Employed Instructors

The Health and Safety Executive (HSE) has recently updated its guidance for self-employed workers, clarifying responsibilities and providing additional resources to ensure compliance with health and safety law. As a training provider working with hundreds of self-employed instructors, it’s essential to stay informed about these changes to promote a safe working environment.

Does Health and Safety Law Apply to You?

HSE guidance states that health and safety law applies to self-employed individuals if their work poses a risk to the health and safety of others. If your work activities could potentially endanger colleagues, students, or members of the public, you must adhere to these regulations.

To determine whether your work carries risks to others, consider the following:

• Your Working Environment – Do you operate in spaces where others are present, such as training facilities, offices, or construction sites? Could your work create hazards for them?
• Equipment and Substances Used – Do you handle tools, chemicals, or equipment that could cause injury or illness to others, such as slips, falls, noise, dust, fumes, or burns?
• Nature of Your Work – Does your role involve physical interaction with students, shared workspaces, or demonstrations that could lead to unintended risks?

If the answer is yes to any of these questions, you must comply with health and safety law.

Updated HSE Guidance for 2025

The latest HSE update introduces clearer explanations and additional resources for self-employed workers:

1. Clarification of Self-Employed Status
   • The HSE provides more detailed guidance on whether an individual qualifies as self-employed under health and safety law. Importantly, being self-employed for tax purposes does not automatically mean you are self-employed under health and safety law.
   • The guidance encourages individuals to refer to HM Revenue and Customs (HMRC) employment status rules for more clarity.
2. Enhanced Resources and Support
   • The HSE has launched new resources, including:
     • Health and Safety Basics for Your Business – A resource providing essential knowledge on risk management and compliance.
     • Managing Risks and Risk Assessment at Work – A practical guide on conducting risk assessments to identify and mitigate workplace hazards.

High-Risk Activities

Certain industries automatically fall under health and safety law due to their inherent risks. If your work involves construction, agriculture, railways, or hazardous materials (such as gas, asbestos, or genetically modified organisms), compliance is mandatory.

For self-employed instructors, risk levels can vary depending on the subject and environment. For example, first aid, construction safety, or manual handling instructors may be at a higher risk of exposure to workplace hazards than remote e-learning facilitators.

Steps to Ensure Compliance

If health and safety law applies to you, take the following steps:

• Conduct Risk Assessments – Identify any potential hazards in your work and put measures in place to reduce risks.
• Provide Training and Information – Ensure you have the necessary knowledge and qualifications to perform your role safely.
• Follow Industry-Specific Guidance – Depending on your training field, check for sector-specific health and safety requirements.
• Keep Records – Maintain documentation of risk assessments, safety checks, and any incidents that occur.

What This Means for Self-Employed Instructors

If you work as a self-employed instructor, it is your responsibility to assess whether your activities pose a risk to others and ensure compliance with HSE guidance. This may involve taking additional training, updating safety procedures, or consulting HSE’s latest resources.
By staying informed and following best practices, you not only comply with legal requirements but also contribute to a safer working environment for yourself and those you train.

For more details, visit the HSE website to access the full guidance and updated resources.