Technical Governance MetadataStatus: CURRENT
Author: Louanne Lanahan (CMIOSH · OSHCR)
Jurisdiction: England & Wales (UK Statutory Guidance)
Published: 2026-02-22
Last Technical Review: 2026-08-15
Primary Statutory Sources:
- Health and Safety at Work etc. Act 1974 (Section 2(3))
- HSE Guidance INDG259
### The Five-Employee Rule
Under Section 2(3) of the **Health and Safety at Work etc. Act 1974**, where an employer has **five or more employees**, the written health and safety policy statement must be written down.
This threshold applies specifically to the written *general health and safety policy*. It does not mean smaller businesses have no duties.
### Smaller Businesses Still Have Duties
Businesses with fewer than five employees still must:
* Ensure the health, safety and welfare of employees so far as is reasonably practicable
* Carry out suitable and sufficient risk assessments
* Appoint a competent person under Regulation 7
* Provide information, instruction and training
### Policy Structure
A robust health and safety policy has three parts:
1. **Statement of intent** — the organisation's commitment to health and safety
2. **Organisation** — who is responsible for what
3. **Arrangements** — the practical systems and procedures for managing risk
A policy should describe your actual business — not someone else's generic template.
LL
About Louanne Lanahan
Founder & Director · CMIOSH · OSHCR
Chartered Safety Practitioner (CMIOSH), registered on OSHCR, MIFSM, AIFireE, and NFRAR. Founder and Director of Lanahan Risk Management Services Ltd since 2014.
