Site Policy & Management · Mandatory · Pre-Construction

Health and Safety Policy Statement

The foundational health and safety document required by HSWA 1974 for every employer with 5 or more employees. Must contain three parts: the policy statement signed by a director, the organisation (named persons and their H&S responsibilities), and the arrangements (specific procedures for risk assessment, training, emergency procedures, and welfare). Failure to have a written policy is a criminal offence.

Last reviewed: 29 March 2026 — This guide reflects UK law as of this date. HSWA 1974 s.2(3) remains current with no amendments enacted as of 29 March 2026. Next scheduled review: 29 March 2027.

Legal basis	Health and Safety at Work etc. Act 1974 s.2(3)
Who must have one	All employers with 5 or more employees
Required parts	3 parts: Policy Statement, Organisation, Arrangements
Penalty for non-compliance	Criminal offence — up to £20,000 fine in the magistrates' court
Employee notification	Must be brought to the notice of all employees
Enforcing authority	Health and Safety Executive (HSE)

1. The H&S Policy — The Foundation of Organisational Safety

The Health and Safety Policy Statement is the foundational document that underpins every other element of a construction company's health and safety management system. Section 2(3) of the Health and Safety at Work etc. Act 1974 requires every employer with five or more employees to prepare a written statement of their general policy with respect to the health and safety at work of their employees, the organisation for carrying out that policy, and the arrangements in force for implementing it.

The policy must be specific to the business. It must name real people, describe real procedures, and reflect the actual risks and activities of the organisation. It is not a generic document — it is a bespoke statement that demonstrates the employer's commitment to managing health and safety in their particular working environment. The policy is routinely required in pre-qualification questionnaires (PQQs), framework applications, and client audits. An inadequate or generic policy will fail at the first hurdle.

Section 2(3) also requires that the policy is brought to the notice of all employees. This means it must be actively communicated — not simply filed in an office drawer. Common methods include displaying the policy statement on site notice boards, issuing copies during induction, and including it in the company handbook.

A generic policy does not satisfy the legal requirement

A generic downloaded policy that is not specific to your business does not satisfy the HSWA 1974 requirement. The HSE expects the policy to reflect the actual activities, risks, and organisational structure of the employer. Auditors and enforcement officers can immediately identify a template policy that has not been tailored to the business.

2. Structure of the Policy

The Health and Safety Policy must contain three distinct parts as required by section 2(3) of HSWA 1974. Each part serves a specific purpose and together they form a comprehensive statement of how the organisation manages health and safety.

Part	Title	Content
PART 1	Policy Statement	A clear commitment to the health, safety and welfare of employees and others affected by the business. Must be signed and dated by the most senior person in the organisation (Managing Director, CEO, or equivalent). Sets the tone from the top.
PART 2	Organisation	Names the individuals responsible for health and safety at each level of the organisation. Identifies the H&S manager or advisor, competent persons appointed under Regulation 7 of MHSWR 1999, first aiders, fire wardens, and anyone with specific H&S duties. Must reflect the actual organisational chart.
PART 3	Arrangements	Details the practical arrangements for managing health and safety: risk assessment procedures, RAMS production and review, CDM duties, training and competence, emergency procedures, RIDDOR reporting, COSHH management, manual handling, work at height, plant and equipment inspection, consultation with employees, monitoring and review.
Signatures	Sign-off	Signed and dated by the most senior person in the organisation. Must be reviewed and re-signed at least annually or whenever there is a significant change to the business, its activities, or its organisational structure.

3. Common Mistakes

Policy not signed by a director

The policy statement must be signed by the most senior person in the organisation — typically the Managing Director or CEO. A policy signed by a junior manager or health and safety advisor does not demonstrate top-level commitment and will be flagged by auditors and enforcement officers. The signature signifies personal accountability and leadership commitment to health and safety.

Not updating when the business changes

The policy must be a living document that reflects the current state of the business. Changes in personnel, activities, premises, or organisational structure must be reflected in the policy. A policy that names individuals who have left the company, or describes activities the business no longer undertakes, is not compliant. Annual review is the minimum expectation, with immediate updates when significant changes occur.

Not bringing the policy to the notice of employees

Section 2(3) of HSWA 1974 specifically requires that the policy is brought to the notice of all employees. Simply having a policy on file is not sufficient. Employees must be made aware of the policy and its contents. This is typically achieved through induction, display on notice boards, inclusion in employee handbooks, and periodic toolbox talks. The employer must be able to demonstrate that employees have been informed.

4. Frequently Asked Questions

Does the 5-employee threshold apply to each site or to the company as a whole?▾

The threshold applies to the company as a whole, not to individual sites. If the employer has five or more employees across the entire organisation, they must have a written health and safety policy. Sole traders and employers with fewer than five employees are not legally required to have a written policy, but it is strongly recommended — particularly in construction, where clients and principal contractors will almost always require one as a condition of engagement.

How often should the policy be reviewed?▾

There is no prescribed review frequency in the legislation, but the HSE expects the policy to be reviewed at least annually and updated whenever there is a significant change to the business. Significant changes include new activities, new premises, changes in key personnel, organisational restructuring, or the introduction of new plant or processes. The review should be documented, and the policy re-signed and re-dated by the most senior person in the organisation.

Can the same person be the employer and the competent person?▾

In a small business, the employer (such as a sole director) can act as the competent person provided they have sufficient training, knowledge, and experience. However, Regulation 7 of the Management of Health and Safety at Work Regulations 1999 requires the employer to appoint one or more competent persons to assist in complying with health and safety duties. Where the employer lacks the necessary competence, they must appoint an external competent person or engage a health and safety consultant.

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