Do the duties imposed
by the Health & Safety at Work Act 1974 affect UK and Irish sambistas?
The HSE was asked:
"95% of the groups in the UK & Ireland do not pay their percussionists. Most folk do it for no more than a fun time. The groups may take a fee and a few pay their mestre. Does the Health and Safety at Work Act apply in this situation? Therefore could the mestre been seen as responsible for 'setting people to work'?"
The Health and Safety at Work etc. Act 1974 places duties upon employers, employees, the self-employed, and those who control work activities and workplaces.
Section 2 places duties upon employers to ensure the health, safety and welfare of all employees while at work, to provide safe systems of work and a safe working environment and ensure all work equipment and substances can be used safely.
Section 3 places duties upon employers and the self-employed to ensure the safety of persons other than their own employees (eg. members of the public.
Section 4 places duties upon those who control workplace premises to ensure they provide a safe working environment.
Section 7 places duties upon employees to ensure that what they do or fail to do does not present them or others at danger.
Section 8 places a duty upon others not to interfere with or use things provided for the purpose of health and safety recklessly.
An terms 'employer.' 'employee' and 'self-employed person' are defined by Section 53 of the Act:-
EMPLOYEE: Someone who works under a contract of employment or contract of apprenticeship. The contract may be express or implied and if express, may be oral or in writing.
EMPLOYER Someone who has employees. Employers include not only individual people, but also corporate bodies, such as limited companies, nationalised industries, local authorities etc.
SELF-EMPLOYED PERSON An individual who works for gain or reward otherwise than under a contract of employment, whether or not he employs others.
Section 52 of the Act defines the terms 'work' and 'at
work.'
'Work' means work as an employee or as a self-employed person. Employees are
'at work' throughout the time when they are doing something which is part of
their employment. This may include, for example, travelling between different
sites or buildings. Self-employed persons are at work throughout the time they
devote to work as a self-employed person.
Therefore, you will need to make a judgement whether the above general duties apply to work particular situation. Where they do, relevant Regulations such as the Noise at Work Regulations 1989 will also apply.
telephone: HSE Infoline on 08701 545500.
email: HSE Information Services