If you're a sole trader, you've probably wondered whether health and safety law applies to you. The short answer is yes, but probably not as much as you think. Many sole traders either panic and overcomplicate things, or assume the rules don't apply to them at all. Neither approach is right.
This guide cuts through the confusion and tells you exactly what you need to know.
Sole traders have health and safety duties, but they're generally less onerous than those for employers. The key factors are whether you have employees, work on other people's premises, or have clients visiting your own premises.
Do sole traders need to worry about health and safety?
Yes, but the level of responsibility depends on your specific situation. The Health and Safety at Work etc. Act 1974 applies to self-employed people, but your obligations vary based on:
- Whether you employ anyone (even casually or part-time)
- Whether your work could affect the health and safety of others
- Where you work (your home, client premises, public spaces, construction sites)
- The nature of your business activities
The good news is that for many sole traders working alone and not putting others at risk, the requirements are minimal. However, certain situations trigger more significant obligations.
When health and safety law definitely applies to you
If you have any employees
The moment you take on any employee, even part-time, casual, or temporary, you become an employer with full employer responsibilities. This includes:
- Written health and safety policy (if you have 5 or more employees)
- Risk assessments
- Employers' liability insurance (legally required)
- Safe systems of work
- Training and supervision
- Consultation with employees on health and safety matters
Many sole traders don't realise this applies even to very casual arrangements. If someone works under your direction, they're likely an employee for health and safety purposes.
If you work on client premises
When you work at a client's site, both you and the client have health and safety responsibilities. You must:
- Follow the site's health and safety rules
- Not put yourself or others at risk through your work
- Report hazards you identify
- Use any safety equipment required
Your client (as the premises controller) must provide a safe working environment, but you remain responsible for how you carry out your work.
If clients or the public visit your premises
If people visit your workplace, whether customers, clients, or deliveries, you have a duty to ensure the premises are safe for them. This applies whether you work from a commercial unit, a workshop, or even a dedicated space in your home.
You should consider:
- Trip hazards and floor conditions
- Fire safety and escape routes
- Adequate lighting
- Safe storage of any hazardous materials
- Security of any dangerous equipment
If you're a contractor on construction sites
Construction sites have specific regulations under the Construction (Design and Management) Regulations 2015 (CDM). As a sole trader contractor, you must:
- Have the skills, knowledge, and experience for the work
- Plan, manage, and monitor your work
- Provide welfare facilities (or ensure the principal contractor does)
- Follow the site safety rules
- Report to the principal contractor or client
Construction carries higher risks, so the requirements are more stringent regardless of business size.
What sole traders DON'T need
Here's where you can breathe a sigh of relief. As a genuine sole trader without employees:
No written health and safety policy
You only need a written health and safety policy if you have 5 or more employees. As a sole trader working alone, you don't need one.
No employers' liability insurance
Employers' liability insurance is only legally required if you have employees. Sole traders without employees don't need this specific type of insurance. However, other insurance types may still be sensible (see below).
No formal written risk assessments
While employers with 5 or more employees must record their risk assessments, sole traders without employees have no legal requirement to write them down. That said, you still need to think about and manage risks, even if informally.
No health and safety training records
Without employees, there's no requirement to keep formal training records. You're responsible for ensuring you're competent for your work, but you decide how to achieve and demonstrate that.
What sole traders DO need
Even without formal documentation requirements, you have important responsibilities:
Consider risks to yourself and others
You must conduct your work in a way that doesn't put yourself or others at risk. This means thinking about:
- Hazards in your work activities
- Who might be harmed and how
- What precautions are reasonable
You don't need to write it down, but you should genuinely consider these matters.
Comply with specific regulations
Certain regulations apply regardless of business size:
COSHH (Control of Substances Hazardous to Health): If you use hazardous substances (cleaning chemicals, solvents, paints, adhesives), you must control the risks. This applies to hairdressers, cleaners, decorators, mechanics, and many other trades.
Manual Handling: If your work involves lifting and carrying, you must assess and reduce the risks.
Work at Height: Anyone working at height must plan the work, use appropriate equipment, and manage the risks.
Electricity at Work: Electrical safety rules apply to all workplaces.
RIDDOR: Certain injuries and incidents must be reported, even if you're self-employed.
Fire safety if you have premises
If you have business premises (not working from home), you're the "responsible person" under the Regulatory Reform (Fire Safety) Order 2005. You must:
- Carry out a fire risk assessment
- Implement appropriate fire safety measures
- Maintain fire detection and warning systems
- Ensure escape routes are clear
Public liability insurance (strongly recommended)
While not legally required, public liability insurance is highly advisable for most sole traders. It covers you if:
- A client or member of the public is injured because of your work
- You damage someone else's property
- You face legal costs defending a claim
Many clients and venues require proof of public liability insurance before allowing you to work.
Professional indemnity insurance (for certain professions)
If you provide advice or professional services, professional indemnity insurance covers claims arising from your advice or work. This is essential for consultants, designers, IT professionals, and similar roles.
Working from home considerations
Many sole traders work from home. The good news is that health and safety requirements are minimal for genuine home working:
What you don't need:
- Fire risk assessment for your home (unless clients visit)
- Formal workplace inspection
- Written assessments of your home office
What you should consider:
- Ergonomic setup (chair, desk, screen position) for your own wellbeing
- Electrical safety (don't overload sockets, maintain equipment)
- Fire escape routes from your working area
- If clients visit, ensure the access route and meeting area are safe
If you work from a dedicated studio, workshop, or outbuilding where clients visit, the fire safety requirements may apply to that space.
Mobile workers and visiting clients
If you travel to clients' homes or other locations, your main responsibilities are:
Your vehicle:
- Maintain it in safe condition
- Secure tools and equipment during travel
- Consider breakdown cover and vehicle insurance
At client premises:
- Assess each location for obvious hazards before starting work
- Don't create risks for the occupants
- Clear up after yourself
- Report any hazards you identify
Your equipment:
- Maintain and inspect regularly
- Ensure electrical equipment is safe (PAT testing is good practice)
- Store and transport chemicals safely
Using subcontractors
If you engage subcontractors (not employees), you have certain responsibilities:
You should:
- Check they're competent for the work
- Ensure they have appropriate insurance
- Coordinate work to avoid creating risks
- Provide relevant safety information about the site or task
You're NOT responsible for:
- How they carry out their work (they're independent businesses)
- Their training and qualifications
- Their own risk assessments
The key distinction is control: if you direct how they work, they might legally be employees. If they control their own methods, they're genuine subcontractors.
Common sole trader businesses and their H&S considerations
Tradespeople (electricians, plumbers, builders)
- Work at height safety
- Manual handling
- Asbestos awareness (for older properties)
- Electrical safety
- COSHH for chemicals and substances
- CDM compliance on construction sites
- Tool and equipment maintenance
Consultants and office-based professionals
- Display screen equipment (for your own comfort)
- Ergonomic workspace setup
- Client meeting safety if working from home
- Travel safety if visiting clients
- Professional indemnity insurance
Therapists and personal services (massage, beauty, personal training)
- Client safety during treatments
- Hygiene and infection control
- COSHH for any chemicals or products used
- Safe premises if clients visit
- Public liability insurance
- Professional indemnity insurance
Cleaners and domestic services
- COSHH for cleaning chemicals
- Manual handling (carrying equipment, moving furniture)
- Working at height (reaching, using steps)
- Lone working considerations
- Client premises hazards
Mobile caterers and food businesses
- Food safety and hygiene (separate regulations)
- Manual handling
- Burns and scalds prevention
- Gas safety for cooking equipment
- Fire safety in vehicles or units
- Public liability insurance
Frequently asked questions
No. Written health and safety policies are only legally required if you have 5 or more employees. As a sole trader without employees, you don't need one. However, if you take on employees in the future, you'll need to create one once you reach the threshold.
No. Employers' liability insurance is only legally required if you have employees. Sole traders working alone don't need it. However, you should seriously consider public liability insurance, which covers claims from clients or members of the public.
In a limited way, yes. You must conduct your work safely and not put others at risk. However, your home isn't a 'workplace' in the regulatory sense unless clients or customers visit. For home offices, focus on practical things like ergonomics, electrical safety, and fire escape routes for your own wellbeing.
Possibly, yes. If someone works under your direction, even occasionally or casually, they may be an employee for health and safety purposes. This would trigger employer responsibilities including employers' liability insurance. The test is about control and the nature of the relationship, not the job title or payment method.
Summary: your sole trader H&S checklist
For most sole traders, health and safety compliance means:
- Think about risks to yourself and others, even if you don't write them down
- Get public liability insurance - it's not legally required but is sensible protection
- Follow specific regulations that apply to your work (COSHH, manual handling, work at height, etc.)
- If clients visit your premises, consider fire safety and general premises safety
- If you work on construction sites, comply with CDM requirements
- Keep your equipment maintained and safe
- Don't put others at risk through your work activities
If your situation changes, whether you take on an employee, move to new premises, or change the nature of your work, reassess what applies to you.
Use our Responsibility Checker to find out exactly what applies to your specific situation.
Still unsure what applies to your business? A health and safety consultant can review your specific situation and tell you exactly what you need, without the unnecessary extras.
Related: Small Business Health and Safety Guide | Responsibility Checker Tool