Health & Safety when you have 5 employees or more

Health & Safety when you have 5 employees or more

As soon as you have 5 employees or more, you have a legal requirement to comply with all work-related health and safety legislation.

Your obligations are outlined in the Safety at Work Regulations 1974.

How this changes from less than five employees is you now need to ensure you have:

• Written Health and Safety Policy
• Written Health and Safety Policy Statement
• Written Risk Assessments
• COSHH assessments
• Toolbox talks
• A competent person either within your business or a consultant.

We act as competent people for over 800 companies. When we act as your competent person, we will complete all the documents you need to comply and keep the documents up to date as legislation changes. You also have access to over 1,000 documents including risk and method statements, COSHH data, toolbox talks, and more. We charge a small monthly fee. 

If you are not sure exactly what your business will require, you can find details on it by visiting the HSE website. Every business is different, and a competent person will be able to cover all aspects for you.

If you wish to employ your own competent person, they should be fully qualified in all aspects of Health & Safety; this can prove to be an expensive requirement if you employ them full-time. 

A more competitive way is to use a remote competent person service. We offer this service using one of our safety consultants as your competent person. We will make sure all your documents and training are up to date today, and be there to answer any questions. You also get free access to over 1,000 safety documents including RAMS.

There are a number of resources on the HSE website that can help you with any changes that may affect you as you continue to grow.

We are a friendly and professional team working in the background to help and support like-minded people get on with their work.

Frequently Asked Questions

Do I need a health and safety policy if I have 5 employees or more?

Yes. If your business has 5 or more employees, you must have a written health and safety policy. The policy should explain how your business manages health and safety, who is responsible, and what arrangements are in place to protect employees and others affected by your work.

What health and safety documents do I need when I have 5 employees or more?

Businesses with 5 or more employees should have a written health and safety policy, written risk assessments, COSHH assessments where hazardous substances are used, training records, toolbox talk evidence, accident procedures and access to a competent person for health and safety advice.

Do I need written risk assessments if I employ 5 people?

Yes. If you employ 5 or more people, your significant risk assessment findings must be recorded in writing. This helps show that hazards have been identified and suitable control measures have been put in place.

Do subcontractors count as employees for health and safety?

Subcontractors may not count as PAYE employees, but you still have health and safety duties towards anyone affected by your work. If subcontractors are working under your control, you must ensure their work is planned, managed and carried out safely.

Do I need a competent person for health and safety?

Yes. Employers must have access to competent health and safety advice. This can be someone within the business with suitable knowledge and experience, or an external health and safety consultant or safety advisor.

What is a competent person in health and safety?

A competent person is someone with the knowledge, training and experience needed to help a business meet its health and safety duties. They can advise on policies, risk assessments, training, compliance, accident procedures and safe working arrangements.

Do I need COSHH assessments if I have 5 employees or more?

If your business uses substances that could be hazardous to health, you need COSHH assessments. This applies to materials such as chemicals, dusts, fumes, paints, solvents, adhesives and cleaning products.

What happens if I do not have proper health and safety documents in place?

Without proper health and safety documents, your business may fail client checks, struggle with CHAS or SSIP accreditation, be refused access to sites, face enforcement action, or increase the risk of accidents and legal claims.

Can Seguro help my business meet health and safety requirements?

Yes. Seguro can support businesses with health and safety policies, risk assessments, COSHH assessments, toolbox talks, training evidence, competent person support and accreditation preparation.

Do I need health and safety support if I am a small business?

Yes. Small businesses still have legal health and safety duties. If you have 5 or more employees, your responsibilities increase because key documents such as your health and safety policy and risk assessments must be recorded in writing.