Appointment (r3)
A trade union (TU) recognised for negotiation purposes may appoint safety representatives (SR) from among the employees, and having notified the employer in writing of the names of the persons appointed and the groups they represent, those persons have prescribed functions (r4). Employers who do not recognise Trade Unions for negotiation, or whose SR do not cover the whole workforce, should refer to Summary Sheet A20 (Health and Safety (Consultation with Employees) Regulations 1996. A person ceases to be a SR if he resigns, ceases employment or his appointment is terminated in writing by the TU. SR should have been with the employer for two years or have had at least two years of similar employment.
Functions (r4)
These include:
- representing employees in health and safety consultations with the employer (HSW Act s2)
- investigating hazards and dangerous occurrences and examining the causes of accidents
- investigating complaints by employees relating to health, safety and welfare (HS&W)
- making representations to the employer on HS&W matters
- carrying out inspections
- representing employees in consultations at the workplace with (‘HSE’) and receiving information from inspectors (HSW Act s28)
- attending safety committee meetings.
SR are to be afforded time off with pay to perform their functions and to undergo training (calculation of pay is the subject of a Schedule to the regulations).
Employer’s duty (r4a)
Employers shall consult SR in good time regarding:
- the introduction of any measure which may substantially affect H&S
- the arrangements for appointing or nominating competent persons (MHSWR r6,7)
- any H&S information to be provided to employees
- the planning and organisation of any H&S training for employees
- H&S consequences of introducing new technology.
Employers shall provide such facilities and assistance as SR may reasonably require to carry out their functions
Inspections (r5,6)
Subject to reasonable notice in writing a SR may inspect the workplace quarterly (more frequently if the employer agrees), and at any time (after consultation):
- following substantial change in the conditions of work
- upon receipt of new information (from ‘HSE’) on workplace hazards
- following an injury, disease or dangerous occurrence subject to RIDDOR, provided that it relates to the group represented and it is safe to do so.
SR shall be afforded reasonable facilities and assistance, including independent investigation and private discussion with employees, but the employer is not precluded from being present during inspections.
Information (r7)
Subject to reasonable notice, SR are entitled to inspect and take copies of any relevant statutory document (except a person’s health record) and any other information within the employer’s knowledge relating to health, safety and welfare except information that:
- could endanger national security
- could infringe commercial security
- relates to an individual, unless they have consented
- relates to legal proceedings
- is prohibited from being disclosed.
Safety committees (r9)
Within three months of a request in writing from at least two SR, a Safety Committee (SC) shall be established in consultation with the SR and with TU representatives, and a notice stating its composition and the workplaces covered by it shall be posted in the workplace.
Complaints (r11)
SR can complain to an Industrial Tribunal if they believe that their employer has failed either to permit time off or to pay them for time off to perform their functions or undergo training.
Safety Representatives and Safety Committees Regulations 1977 (No. 500), available from The Stationery Office (NB. amended by the Management of Health and Safety at Work Regulations 1992).
Related information: see HSE’s ‘L’ and ‘HS(G)’ series including the following reference, available from HSE Books. L87 Safety representatives and safety committees 1996 (ISBN 0 7176 1220 1) (‘The Brown Book’)
These summary sheets are designed to help users become familiar with the practical requirements of key health and safety law. Please note that only the Courts can authoritatively interpret the law, and users are advised to check the legislation proper and associated codes of practice or guidance where necessary. Consequently, EEF is not responsible for any acts or omissions arising from the use of these sheets.
Throughout the summary sheets series, use of the term ‘shall’ indicate a strict duty, but ‘should’ or ‘could’ indicate a qualified duty such as ‘shall, so far as is reasonably practicable’.
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©EEF October 2003