A business having a total of 5 or less staff - including the management/owner does not legally require a written H&S policy. So on face value he doesn’t need one. However, he is employing others by sub-contract to work on his behalf so this depends on the mechanism he uses to contract them. If they are agency staff then they are classed as being employed by him, on the other hand if they are sub-contracted from another organisation then he doesn't employ them so he won't need a written policy.

However, if they are all sub-contracted (i.e. not via an agency) from one single organisation then that source will need a written policy - if that's the case you could ask for the policy from them via your contractor.

That's how I understand it - over to the forum....happy to be corrected!!

OK, very small companies, not a legal requirement to have written policy and risk assessments, but a main contractor can demand subbies to have a written policy and to have written risk assessments as part of the tender for business. No written safe system of work, then no contract, no work.

I have advised many roof contractors, pipe fitters, bricklayers etc who are just two-man businesses, I've helped them prepare policies and RA's, work at height method statements etc etc. Without these systems in place, and in writing, they would not get much business with bigger building contractors, NHS, etc.

So Eyesee, if you want safe contractors then only use those who have made an effort and can demonstrate that they have safe systems of work, in writing, and in practice they can work to new written method statements for every new job.

JohnW