In this article, we answer the question “Do all businesses need a health and safety policy?” Although all businesses are legally required to have a statement of their policy regarding the health and safety of their employees at work and bring it to the attention of these employees, not all businesses are required to have their health and safety policy statement written down.

How Do You Decide Whether You Need a Written Health and Safety Policy or Not?

This depends upon the number of people you employ. If you have fewer than five employees, you do not need to have anything written down.

Who is Classed As An Employee?

Under employment law, an employee is someone who has an employment contract. This does not have to be a written contract. According to the law, if a person accepts a job offer, they have a contract with the employer from that moment.

Usually, if your business deducts tax and national insurance contributions from their wages, they are required to work unless they are on leave, cannot send someone else to do their job, and must work a minimum number of hours to be paid, then the person is an employee. Part-time, shift and seasonal workers must be included in the count.

Do Directors Count As Employees?

Directors are office holders rather than employees as their duties are different; however, from a health and safety perspective, if the director earns money through the company, it is best to consider them as an employee too.

So, Do You Have Five Or More Employees?

If you do, you need to have a written health and safety policy.

However, if you have less than five employees, it’s important to note that this does not remove your obligation to have a policy and inform your employees about it.

You should consider how you can demonstrate that you are fulfilling these legal obligations without a written policy. To be honest, many small businesses find that it is easier (and safer) to have a written policy statement in place, even if it is not a legal requirement.

Sue recommends: Even if you are under five employees and not legally required to write anything down, jot down the basics anyway. It takes an hour, and it means you have something to show an inspector rather than explaining it all on the spot.

What Should a Written Health And Safety Policy Include?

A health and safety policy document open to show its statement of intent, responsibilities and arrangements sections

The HSE recommends that your policy covers three parts.

The first is your statement of intent, a short section that sets out your general approach to health and safety and your commitment to managing it. As the employer, or the most senior person in the business, you should sign this and review it regularly.

The second sets out responsibilities, listing the names, positions and roles of the people in your business who have specific responsibility for health and safety.

The third covers your arrangements, the practical detail of how you will actually achieve your health and safety aims, for example carrying out risk assessments, training employees, and using the right safety signs or equipment.

The HSE provides a free worked example and template if you want a starting point, though many businesses find it easier to have someone talk them through it rather than working from a blank template.

Sue recommends: Treat your policy as a living document, not a one-off task. Review it at least once a year, and sooner if anything about your business, your premises or your staff numbers changes.

If you’d rather have someone experienced draft or review this for you, our health and safety consultancy team, with over 30 years of experience, can do that on your behalf. Our Level 2 Health and Safety course is also a good next step if you want your team to understand the reasoning behind the policy, not just the document itself.

If you have a question or enquiry about health and safety, please call the team on 01452 502113 or complete our enquiry form.