- 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 under the HSWA 1974
- Carry out suitable and sufficient risk assessments under Regulation 3
- Appoint a competent person under Regulation 7
- Provide information, instruction and training
Policy structure
A robust health and safety policy has three parts:
- Statement of intent — the organisation's commitment to health and safety
- Organisation — who is responsible for what
- Arrangements — the practical systems and procedures for managing risk
A policy should describe your actual business — not someone else's generic template. The HSE guidance INDG259 provides further information.
Cited Sources & Official References
Frequently Asked Questions
When must a health and safety policy be written down?
Under Section 2(3) of the HSWA 1974, a written health and safety policy is required where an employer has five or more employees. The policy must include a statement of intent, organisation, and arrangements.
Do businesses with fewer than five employees have health and safety duties?
Yes. Businesses with fewer than five employees still must ensure welfare, carry out risk assessments, appoint a competent person, and provide training. Only the written policy requirement is relaxed.
What should a health and safety policy include?
A robust policy has three parts: a statement of intent, the organisation (who is responsible for what), and the arrangements (practical systems and procedures for managing risk). It should describe your actual business, not a generic template.
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.