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For a tree surgeon to trade legally, he should...


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The "law" is to pay income tax, how you calculate it depends on how legal you are trying to be, or not be!

 

You can only pay it on your profit if you keep your books up to date and do tax returns.

 

Either way its called income tax!

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This thread seems to have turned into a whats the bare minimum I can get away with legally if I dont want to do things properly. To actually cover yourself legally there are many things you have to do. Yeh you can get away with a bare minimum maybe indefinately but surely best to make sure you do everything so you are covered legally. There are many things in our industry that could see you ending up in court, including false advertising. Dont forget although many people see the HSE as giving lots of advice about best practise, many of the laws they uphold are statuatory laws or 'acts of parliament' which are about as legally binding as it gets,for example the 'Health and safety at work act'. Please also consider that even if you work on your own you still have a legal duty of care to anyone around you whilst working including the general public and customers.

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ok, staying away from bare minimum

 

ideally a tree surgeon should have...

 

insurance - - public liability

 

insurance -- employers liability (when does we require this?)

 

Relevant qualifications -- (what's the range here? refresher courses too???)

 

Loler Certificate climbing & rigging gear

 

Drivers licence / MOT / Insurance

 

Waste Transfer Licence ??? Do we need this for green waste? Do we need this for wood. We use the wood, we use chip. Is it really waste? A depot i sometimes take my brash to said that I'm excempt. Any clarification on this?

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Ok, i wasn't being too helpful was I !!? But seeing as there is no distinct clarification of what a tree surgeon is or isn't then there isn't any "legal" requirements to being a tree surgeon except paying of income tax.

 

But I'll try and be more useful. If your looking for a minimium list then the AAAC is going to be a bit too long, and full of un necessaries.

 

 

 

There are legal requirements for certain activities.

 

Public liability is NOT a legal requirement.

 

Employers liability is a legal requirement, and you need it if you employ self-employed people to work on your jobs with you and course if you employ people full time.

 

Qualifications, well the range only has to be as broad as the activities you wish to undertake. Don't need a big tree fellign ticket if your not felling big trees! And these qualifications are not a legal requirement for you, but you can't employ someone (including self employed poeple) to do a job for reward unless they are qualified.

 

Loler is a legal requirement, and of course driving stuff is required.

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Have a butchers at this lot it makes your head spin

 

 

The Work at Height Regulations 2005

 

The Hazardous Waste (England and Wales) Regulations 2005

 

The Highways Act 1980

 

The Traffic Management Act 2004

 

The New Roads and Street Works Act 1991

 

BS 5750-8: 1991

 

City & Guilds NPTC Assessment Schedules

 

Arboriculture & Forestry Advisory Group publications (AFAG Hse)

 

British standard 3998

 

Dvla, Dsa ,Vosa legislation

 

The Town & County Planning act 1971

 

The Forestry act 1967

 

Management of Health & safety and Work Regulations 1999

 

The Provision and Use of Work Equipment Regulations 1992

 

The Lifting Operations and Lifting Equipment Regulations 1998

 

The Reporting of Injuries, Diseases and Dangerous Occurrence

Regulations 1995

 

The Control Of Substances Hazardous to Health Regulations 2002

The Noise at Work Regulations 1989 (amended 2005)

 

The Wildlife & Countryside act 1981

 

Manual Handling operations regulations 1992

 

Control of Pesticides regulations 1986

 

The Health and Safety at Work Act 1974

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This is the problem with our industry, there is no legal requirement to trade as a tree surgeon. As i have said on here before, to trade as a gas fitter you must be corgi regesterd, part p compliant for electricians etc but for us there is nothing that is a legal requirement.

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