Hi all, first post on the forum but long time reader. Never felt the need to ask a question but I feel now is the time as completely stumped (or seriously having a bad and confused Monday), anyways here goes. Where is it detailed in black and white that a written H&S policy is required for '5 employees or more', apart from the HSE website and many other site etc. I always believed this was detailed in the act itself '2(3)' however to my confusion and obviously at this moment in time poor memory it is not!. Does this just stem from Reg 3 (6) of MHSAW to record RA if you have 5 or more employees or is this 5 or more just guidance to aid the smaller employers and SFARP etc. Much appreciated if any of you pros could clear this up. IZ

You legend, thanks!

I knew the exception was there but assumed that it was cited within The original 1974 act. I'm assuming that the act was passed and then somebody thought we need to make an amendment here... and then the exception was born. Interesting.

The Act did at least pave the way by commencing S2(3) with 'Except in such cases as may be prescribed - -'. I wonder if any employers with fewer than 5 employees actually wasted time in preparing one in the 7 months between this Section of the Act and the Regs coming into force:). Unlikely I guess as many larger employers took several years.

Except that the requirement has been in force since November 1975! It was probably to bring the Management Regs in line with the Act, to which they are subordinate. The arrangements to which you refer are really implicit in S2(3) ie the requirement for the employer to include the 'organisation and arrangements' for carrying out the Policy.