Manual Handling Manual Handling Operations Regulations 1992 ...

Health and Safety
Executive
Guidance
Work away from the employer’s premises
36 The Regulations impose duties on employers whose employees carry out
manual handling. However, manual handling operations may occur away from
the employer’s premises, for example, delivering goods, or providing personal
care, in situations where the employer has more limited control. Where possible
the employer should liaise closely with those in control of the premises where the
deliveries are made or care is given to enable them to plan how the work can
be done safely. There will sometimes be a limit to employers’ ability to influence
the working environment, but the task and perhaps the load will often remain
within their control, as will the provision of effective training, so it is still possible to
establish a safe system of work for manual handling which takes place away from
the employer’s own premises.
37 Employers and others in charge of premises where visiting employees work
also have duties towards those employees, particularly under sections 3 or 4 of
the HSW Act, the Management Regulations and the Workplace (Health, Safety and
Welfare) Regulations 1992 10 (as amended). For example, they need to ensure that
the premises and plant provided there are in a safe condition.
Those self-employed for tax/National Insurance purposes
38 Individuals working under the control and direction of another may be
regarded as employees for health and safety purposes even though they are
treated as self-employed for tax/National Insurance purposes. Those who employ
workers on this basis, therefore, may need to take appropriate action to protect
them. If any doubt exists about who is responsible for the health and safety of such
workers, legal advice should be sought.
39 Although only the courts can give an authoritative interpretation of the law,
in considering the application of the Regulations and guidance to people working
under another’s direction, whether or not the worker is an employee will depend on
the details of the relationship between the parties involved. The following factors are
among those likely to be relevant:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
the degree of control exercised over the worker;
whether the worker can properly be regarded as part of the employer’s
organisation;
whether the ‘employer’ has the power to select and appoint the individuals
doing the work;
whether the ‘employer’ has the power to dismiss or suspend the worker;
the way wages or salary are paid and whether holiday pay is paid;
who supplies the worker’s equipment;
who fixes the time and place of work;
whether the worker is able to delegate performance of his or her duties;
whether the ‘employer’ deducts income tax and National Insurance; and
the intention of the parties involved.
4
40 Recent case law held that whether a worker was also an employee can only
be determined from a full consideration of all the evidence, including all the relevant
evidence about the dynamics of the working relationship between the parties,
regardless of the label given to that relationship by the parties.
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