Health and Safety Policy: Do I Need One and What Goes in It?

‍‌​‌​​‌​‌‌‌‌‌‌​‌​‌‌‌‌‌‌‌​‌‌‌‌​‌‌​‍SiteKiln gives you plain-English information, not legal advice. If you need advice specific to your situation, talk to a competent health and safety adviser.

A health and safety policy is basically your promise, in writing, that you'll run safe jobs and who does what. Law kicks in at 5+ staff, but the basics apply from day one.

1. The legal bit (5+ employees)

The Health and Safety at Work etc. Act 1974 says every employer must have a "general policy" on health and safety and arrangements to carry it out.

Section 2(3) of the Act says if you have 5 or more employees, that policy must be written down, along with the organisation and arrangements.

HSE guidance is clear: under 5 people, you still need to manage H&S, but you don't legally have to write the policy or risk assessment findings down.

So: the magic number is 5 employees (headcount, not FTE). Hit that, and written policy + written risk assessment findings become compulsory.

2. Under 5 employees -- what you still need to do

Even if it's just you and one lad:

• You still must protect your own health and safety and that of others affected by your work (clients, neighbours, the public).
• You must assess risks and put sensible controls in place (even if you don't write them all down).
• You must have basic arrangements for things like first aid, fire, PPE, safe use of tools, and dealing with hazardous substances (COSHH).

HSE's own line: below 5 staff you don't have to write a policy, but it doesn't change your duties to actually keep people safe.

3. Hitting 5 employees -- what changes

Once you employ 5 or more people at any one time (even if some are part-time/seasonal):

• You must have a written health and safety policy.
• You must record the significant findings of your risk assessments (who might be harmed, how, and what you're doing about it).
• You must tell your staff about the policy and make it easy to read (on the office wall, site files, or online).

Inspectors can and do enforce this -- failure is a breach of section 2(3), and fines can be unlimited in serious cases.

Best move is to draft a simple policy before you hit 5, so you're not scrambling when you suddenly take on extra people.

4. What a simple H&S policy looks like (3 parts)

HSE and construction examples all boil down to the same three-part structure:

Part 1 -- Statement of intent

Short signed statement from the boss saying you're committed to running safe jobs, meeting legal duties, and providing resources.

Include date and a review date (usually yearly).

Part 2 -- Organisation (who is responsible for what)

• Who has overall responsibility (owner/MD).
• Who handles day-to-day H&S on site (site supervisor/foreman).
• Who does risk assessments, training, accident reporting, toolbox talks etc.

Part 3 -- Arrangements (how you manage key risks)

Short sections on the main topics: risk assessments, training, PPE, plant and equipment, working at height, manual handling, COSHH, first aid, fire, site welfare, subcontractor control.

HSE has example policies you can copy and adapt -- there's even a construction-specific model you can crib headings from.

We've got a ready-to-use template in the Document Hub -- see "Sample Health and Safety Policy (Small Construction Firm)".

5. Practical steps for a small construction firm

If you're around 3-5 people, do this:

1. Write a one-page policy now using HSE's template as a base (or grab ours from the Document Hub).
2. Add a short organisation chart (who does what for H&S).
3. List your key arrangements in simple bullets (how you handle training, PPE, RAMS, accidents, first aid, fire, welfare).
4. Keep the signed statement of intent where staff can see it (office, site folder) and review it annually.

That way when you cross the 5-employee line, you're already compliant and just need to tidy it, not invent it.

6. Who to contact

• HSE -- Prepare a health and safety policy -- short guide and downloadable example: hse.gov.uk/simple-health-safety/policy (free)
• HSE -- Health and safety made simple -- guidance for small businesses: hse.gov.uk/simple-health-safety (free)
• HSE -- Construction guidance -- sector-specific safety guidance: hse.gov.uk/construction (free)
• HSE helpline -- 0300 003 1747 (charged) or report concerns online for free
• CITB -- health and safety training and grants for construction: citb.co.uk (free guidance, funded training)
• CHAS / Constructionline / SMAS -- SSIP accreditation schemes that assess your H&S policy and arrangements

7. Sources and legislation

• Health and Safety at Work etc. Act 1974 -- section 2 (general duties of employers), section 2(3) (written policy requirement for 5+ employees). legislation.gov.uk/ukpga/1974/37
• Management of Health and Safety at Work Regulations 1999 -- regulation 3 (risk assessment), regulation 5 (health and safety arrangements). legislation.gov.uk/uksi/1999/3242
• Employers' Health and Safety Policy Statements (Exception) Regulations 1975 -- confirms the 5-employee threshold. legislation.gov.uk/uksi/1975/1584
• HSE guidance INDG259 -- Health and safety policy guidance for small firms.
• CDM Regulations 2015 -- additional duties for construction work. legislation.gov.uk/uksi/2015/51

8. Related guides on this site

• Document Hub: Sample Health and Safety Policy (Small Construction Firm)
• 8.10 Taking on your first employee -- legal checklist
• 8.8 Winning public sector work -- how frameworks work
• 8.9 Tendering basics -- PQQs, ITTs, framework agreements
• 4.1 Your legal right to refuse unsafe work
• 4.3 CDM 2015 regulations -- who is responsible for what
• 4.8 PPE -- what your employer must provide, not you
• 4.9 Site accidents -- reporting, RIDDOR, what happens next

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