Rank: Forum user 
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We all know that having a H&S Policy is a legal requirement - if you employ 5 or more people .... but where does it state "5 or more people". I'm in a rush and just can't find it, how embarrassing!
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Rank: Super forum user 
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Rank: Super forum user
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Health and Safety at Work Act Section 2(3)
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Rank: Forum user
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Ah - this is the problem I have. People quote Section 2(3) but I'm trying to find where it says "5 or more" not the Section 2(3) bit.
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Rank: Forum user
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Canopener gave the SI No for the Employers’ Health and Safety Policy Statements (Exception) Regulations 1975 which exempt “any employer who carries on an undertaking in which for the time being he employs less than five employees”.
However, i have always found the wording ambiguous and a policy is still required, it is the written policy that is exempted - sort of!!! I think???
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Rank: Super forum user
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The place where it specifies that arrangements are recorded for an organisation with five or more employees is the Management regulations, Reg 5 (2), 1999 SI 3242
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Rank: Super forum user
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Look at it this way, S2(3) requires the policy, SI 1584 exempts employers of less than 5. Enough said?
Any arguments about a written (or otherwise!!!) policy are in MVHO a bit of a red herring.
So, I think the answer is a combination of S2(3) and SI 1584 1975.
As always, more than happy to be wrong.
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Rank: Super forum user
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Ooh I forgot that regulation!
Re-reading it seems that it removes the requirement on employers “to bring to the notice of their employees a written statement of their general policy with respect to the health and safety at work of their employees and the organisation and arrangements”
That would imply that still need a written statement but you don’t need to tell your employees about it unless they ask!
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Rank: Super forum user
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You could always drag out your copy of L1 - Guide to the Health & Safety At Work etc Act - it is in there under the paragraph relating to Section 2(3). (but also referring to SI 1584 19750.
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Rank: Forum user
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Really appreciated, thank you all.
It's the SI 1584 (Exemption) Regs I needed, (thank you Canopener).
Shame on me for having to ask.
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Rank: Forum user
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Thats how I originally interpretted it as well.
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Rank: Super forum user
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You may both be right but it would seem to be a total nonsense to go to the trouble of creating an SI that expects an employer to go to the 'trouble' of writing the statement but then exempt then from bringing it to the attention of the employees! I am at a loss to explain what purpose that might serve and I am (reasonably) certain that this isn't what the SI intends. The explanatory note to 1584 seems pretty clear to me "These Regulations except from the requirements of the said section 2(3) an employer with less than 5 employees". I can't see any ambiguity with that.
(I have used CAPS below for emphasis)
SI 1584 Explanatory Note
Section 2(3) of the Health and Safety at Work etc. Act 1974 requires EVERY employer, except in such cases as may be prescribed, to PREPARE and as often as may be appropriate revise a written statement of his general policy with respect to the health and safety at work of his employees and the organisation and arrangements for the time being in force for carrying out that policy, AND to bring the statement and any revision of it to the notice of all his employees.
These Regulations except from the requirements of the said section 2(3) an employer with less than 5 employees.
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Rank: Super forum user
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One learns a lot here.
No shame in asking Webbs
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