LRMS Technical Guidance · Health & Safety

    When Must a Health and Safety Policy Be Written Down?

    Clarifying the five-employee written policy threshold — and why businesses with fewer than five employees still have full health and safety responsibilities.

    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.

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