Concern over rise in self-employed construction deaths

Construction union UCATT has raised concerns over an increase in the number of self-employed construction contractors killed at work.

A detailed breakdown of construction deaths for 2008/09 has revealed that the number of self-employed construction workers killed at work actually increased despite the overall number of deaths having significantly declined.

In 2008/09, 53 construction workers were killed, a reduction of 26% on the previous year 2007/8. However, figures obtained by UCATT from the HSE show the number of self-employed workers killed increased from 19 to 20, a 5% increase, while the number of employees who were fatally injured decreased from 53 to 33.

Alan Ritchie, General Secretary of construction union UCATT, said: “It is important to remember that every one of these deaths is an individual tragedy, where a father, son or brother has not returned from work. UCATT has repeatedly argued that self-employed workers are at greater danger of being killed and injured at work. The latest figures underline this fact.”

He also added that the figures were confused by self-employment classification methods in the construction industry and called for changes to clarify workers’ employment status. He said the figures are not straightforward as some workers have all the employment characteristics of an employee but are considered to be self-employed for tax purposes.

This is known as 'bogus' or 'false' self-employment. UCATT estimates that there are 400,000 bogusly self-employed construction workers.

Mr Ritchie, added: “UCATT has long argued that resolving the issue of employment status is vital to tackling the high number of deaths in the construction industry. The self-employed and the bogus self-employed are more exposed to dangerous working practices, have no employment rights and are unlikely to be protected by independent safety reps.

"The HSE needs to recognise these facts and take appropriate action to better protect construction workers.”

In her Government-commissioned 'One Death is Too Many' report into construction fatalities, Rita Donaghy raised the issue of bogus self-employment and how it affects safety.

She said: “If the political will existed and enforcement mechanisms were properly resourced it is probably the single most important step which could be taken to signal to the industry, and its workers, that society expects standards to be improved and obligations fulfilled.”

In July the Government launched a consultation on the problem of false self-employment in the construction industry. The consultation, which closed last month, proposed tests which, in certain circumstances, will classify self-employed construction workers as 'deemed' employees for tax purposes. Where a worker is deemed an employee through these tests, PAYE and National Insurance Contributions (NIC) will need to be deducted from their pay, and the employer will also be required to pay employer's NIC on earnings and benefits.

The consultation also states: “This measure will only deem a worker to be in receipt of employment income for the purposes of income tax and NICs and will not confer employment law rights on a worker.

"However, the Government hopes that the tax changes would also engender a more appropriate treatment of workers throughout the industry, leading to a culture of responsible employers applying employment rights and providing training opportunities.”