H & S Asbestos

Section 2(3) of the HSW Act states 'Except in such cases as may be prescribed, it shall be the duty of every employer to prepare and as often as may be appropriate, revise a written statement of his general policy with respect to the health and safety at work of his employees and the organisation and arrangements, for the time being in force for carrying out that policy, and to bring that statement and any revision of it to the notice of all his employees'.

This requirement is limited by the Employers Health and Safety Policy Statements (Exceptions) Regulations 1975 (SI 1975 No. 1584) to exempt employers who carry on undertakings in which for the time being less than five employees work.

It should be noted that "undertaking" does not mean the same as "establishment". An employer could operate a number of small establishments, each employing less than five employees. If all the establishments form part of the same undertaking, and the total of employees is five or more, the employer must prepare a written health and safety policy for the whole undertaking.

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