An outdated H&S policy is a liability: Here’s how to fix it
Many businesses we speak to write up a health and safety policy when the company starts, or when they’re first requested to by a client or insurer, and then they don’t really think about it again.
It’s extremely common for businesses, especially smaller ones, to fall into what we call the “set it and forget it” trap. The policy often becomes out of date gradually as things drift, rather than through deliberate neglect.
The issue is that UK law requires health and safety policies to be reviewed whenever necessary. For example, if there are significant organisational changes or changes to the risks faced by the business.
Your policy must always accurately reflect how the business operates. If it doesn’t, you run the risk of penalties or enforcement action, or complicated insurance claims or increased liability if an incident occurs.
Common reasons why health and safety policies become outdated
Some common reasons include:
• The business has changed: The company has grown, moved premises, introduced new equipment or taken on different types of work, but the policy still describes the old business.
• The named people have left: The policy still refers to managers, first aiders or competent persons who no longer work there.
• The law or guidance has evolved: While the core duties under the Health and Safety at Work etc. Act 1974 remain stable, supporting regulations, Approved Codes of Practice and HSE guidance can change over time.
• Risk assessments have changed, but the policy hasn’t: The practical controls on the ground no longer match what’s written.
• Nobody owns it: Especially in small businesses, there isn’t a clear person responsible for reviewing and updating health and safety documentation.
What the law requires
In the UK, employers with five or more employees must have a written health and safety policy.
The law also requires it to be reviewed whenever necessary, for example if the business changes physical site, introduces new equipment or hires more staff.
Often, businesses worry more about the date on the policy than its accuracy.
But a policy that’s 2 years old but still accurately reflects the business may be perfectly adequate. One that was reviewed 6 months ago but doesn’t reflect more recent business changes would cause problems.
Inspectors and auditors are generally much more interested in whether the policy reflects reality and is actually being implemented. A recent review date helps, but a well-maintained policy that’s still accurate is more valuable than a freshly dated document that nobody follows.
The issue with templates and AI generated policies
More and more, we’re seeing businesses downloading a template off the internet or asking ChatGPT to create a health and safety policy and thinking that’s enough.
Sometimes, it is. Often, it’s not.
The problem with templates and AI generated policies is that they’re often not tailored to your business and its unique operations and risks.
A HSE inspector will recognise a generic policy quickly. Even if you think you’ve covered every angle with AI, a solicitor acting for an injured employee will pick holes in it. If the document doesn’t reflect your actual business, it offers very little protection regardless of when it was written.
Keeping your health and safety policy up to date
A health and safety policy needs to be a live document, ideally reviewed every 12 months or more often if/when:
• The business moves to new premises.
• New machinery, equipment or processes are introduced.
• The company starts carrying out different types of work.
• There are significant organisational changes, such as new management or changes in responsibilities.
• The workforce changes substantially, for example through rapid growth.
• An accident, near miss or enforcement action highlights shortcomings.
• Legislation or official guidance changes in a way that affects the business.
As mentioned above, your policy needs to accurately reflect your business. If you can answer “yes” to the questions below, you’re on the right track:
- Does it accurately describe what the business does today?
- Are all the named people still in those roles?
- Are the responsibilities still allocated correctly?
- Do the arrangements match how work is actually carried out?
- Does it refer to the right premises, equipment and activities?
- Are the linked documents, such as risk assessments and procedures, still current?
How CQMS can help
We prepare health and safety policies that are tailored to how your business operates, rather than relying on generic templates.
A good policy should reflect the realities of your business, clearly setting out your arrangements, responsibilities and approach to managing health and safety risks.
Whether you’re putting a policy in place for the first time or replacing one that no longer reflects how the business operates, we can help.
