Provisions the documents cite: reg 2 (employers with fewer than five employees excepted from Health and Safety at Work etc. Act 1974 s.2(3))
What it requires
Health and Safety at Work etc. Act 1974 s.2(3) requires an employer to prepare, revise as often as appropriate, and bring to the notice of all employees a written statement of its general health and safety policy and the organisation and arrangements for carrying it out (register entry hswa-1974). reg 2 excepts from s.2(3) any employer that, for the time being, employs less than five employees in the undertaking. The exception is only from having a written statement; the general duties in s.2 still apply, and a business under five employees will often still be asked for a written policy at pre-qualification. The count is of employees in the undertaking at the time, so a business that reaches five must have the written statement from then.
The instrument itself: https://www.legislation.gov.uk/uksi/1975/1584. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
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