Consultation with employees

• Duties to consult

• appointment and rights of employee

representatives

• safety committees
 HSWA 1974 and Consultation

• HSWA 1974 (S2(4)) provides for regulations to be made to

allow recognised trade unions to appoint safety
representatives to consult with employer

• HSWA 1974 (S2(7)) provides that in prescribed cases

employer must set up safety committee having function of
keeping under review measures taken to ensure health and
safety at work when requested by safety representatives
 The Safety Representatives and Safety
Committees Regulations 1977 (SRSCR)

• Regulations, Approved Code of Practice and Guidance

• Apply to organisations having recognised trade unions for

collective bargaining purposes

• recognised trade unions may appoint safety representatives

from workforce and inform employer in writing
 SRSCR 1977: functions of safety
representatives
• represent employees in consultation with employer
• investigate potential hazards, dangerous occurrences and
accidents
• investigate complaints by fellow employees
• make representations to employer on health and safety
• carry out inspections
• represent colleagues in consultation with enforcement
authorities
• receive information from inspectors: HSWA 1974, S 28(8)
• attend safety committee meetings
 SRSCR 1977: functions of safety
representatives (cont)
• allowed to inspect workplace at least once every 3 months
or sooner if substantial changes have taken place

• must be allowed time off with pay to exercise functions

and to undergo appropriate training

• where two, or more, safety representatives request in

writing the setting up of a safety committee the employer
must do so within 3 months
 SRSCR 1977: general duty to
consult
• HSWA 1974 (S2(6)) requires employer to consult safety
representatives ‘with a view to the making and
maintenance of arrangements which will enable him and
his employees to co-operate effectively in promoting and
developing measures to ensure the health and safety of
employees, and in checking the effectiveness of such
measures’
 SRSCR 1977: duty to consult
(cont)
Employer must specifically consult concerning:
• introduction of measures or change which may
substantially affect health and safety
• arrangements for appointment of competent persons to
help comply with health and safety law
• health and safety information required to be given to
employees
• planning and organisation of health and safety training
required by law
• health and safety consequences of introduction of new
technologies
 SRSCR 1977: restrictions on
provision of information
Employer must provide reps with information to enable them
to fulfil their functions except where:

• it could endanger national security

• it is against a legal prohibition
• it relates to an individual (unless they consent)
• it could substantially harm the business
• it was obtained for bringing or defending legal proceedings
 SRSCS: Health and Safety
Committees
• Employer must form a health and safety committee within
three months if two or more safety representatives request
in writing

• General function: keeping under review the the measures

taken to ensure the health and safety at work of employees
 Health and Safety Committees
Specific functions include:
• Study of injury and disease statistics so that appropriate
reports can be given to managers
• Examination of safety inspection and audit reports
• Consideration of reports from external agencies
• Consideration of reports submitted by safety reps
• Assistance in the development of works safety rules etc
• Reviewing the impact of new legislation and guidance on
the organisation
• Monitoring and reviewing adequacy of health and safety
training
 The Health and Safety (Consultation
with Employees) Regulations 1996:
(HSCER)

Introduced following EC Directive 89/391/EEC (Framework

Directive) which contained a requirement for workpeople,
whether represented by a trade union or not, about matters
concerning their health and safety at work. Regulations and
Guidance

UK Government argued that existing SRSC covered the

requirements of the Directive but European Court of Justice
established right of all workpeople to be consulted
HSCER: Information v Consultation
Guidance to Regulations emphasises difference between
informing and consulting:

• Informing: providing information about health and safety

issues: commonly required by statutory provisions

• Consulting: listening to, and taking into account, the

views of employees before taking decisions about health
and safety matters
 HSCER: Main Provisions
Require consultation with employees in organisations that
have no recognised trade unions concerning health and safety
matters. Duty to provide relevant information and restrictions
on disclosure similar to SRSCR 1977

Employees required to be consulted:

• on an individual basis or,
• through representatives elected by the workforce
(Representatives of Employee Safety (RoES))
 HSCER: functions of RoES
• To take up employees concerns about possible risks and
dangerous events that may affect their constituents

• to take up with employers general matters affecting their

constituents

• to represent the employees who elected them in

consultation with health and safety inspectors
 HSCER: Training and Time Off
with Pay

• RoES must be given reasonable training in respect of

functions - employer to meet costs

• RoES to be given reasonable time off with pay to perform

functions during working hours and provided with other
facilities and assistance that may reasonably required
 SRSCR/HSCER: Enforcement
• Regulations enforced by inspectors but normally only as a
last resort
• Disputes concerning appropriate numbers of safety reps or
RoES, refusal to allow time off for training, disclosure of
information, etc treated initially as industrial relations
issues and dealt with by reference to ACAS or an industrial
tribunal
• Employees must not suffer detriment concerning anything
reasonable they do in connection with health and safety
consultation - protected against detriment and unfair
dismissal by Employment Rights Act 1996 which can be
taken to an industrial tribunal
NEBOSH national General
Certificate

Unit 2: Policy
 Report of Robens Committee:
1972 (paras 72-74)
‘We have no doubt that the existence of a clear and explicit
statement of a firm’s policy and arrangements for safety and
health can be of genuine practical value* -------- it should be
a legal obligation on all employers employing more than a
specified number of workpeople to set out their safety and
health policy and rules in writing and to make such
statements available to all employees’
*In Feb 1972 the CBI and TUC recorded in a joint statement
that in their view ‘a clear written statement of a company’s
safety policy is an essential foundation-stone for any
effective safety organisation’
 HSWA 1974: Section 2(3)
Absolute duty of every employer, with five or more
employees, to prepare and as often as appropriate revise a
written statement of:
• general policy with respect to health and safety at work of
employees and,
• the organisation and arrangements for the time being in
force for carrying out the policy (overlap with MHSW
Regs 1999: Reg 5)
Also to bring the statement and any revision to the notice of
all employees
 Health and safety policy: key
elements
• General statement of health and safety policy

• Organisation for health and safety

• Arrangements for health and safety

 General statement
• Aims: in general largely unaffected by subsequent policy
revisions

• Objectives: measurable and may change at revision

• Commitment to provide adequate resources

• Signed and dated by most senior person

• Brought to attention of all employees

 Organisation for health and
safety
This section sets out the employers organisation for carrying
into effect the general statement of intent including:

• Line management e.g. directors, managers, supervisors

• Specialists e.g. health and safety adviser, occupational

nurse

• Employee representatives e.g. safety reps, RoES

 Organisation for health and
safety: key functions
Clear responsibilities need to be set out in relation to some
key functions .e.g:
• accident etc reporting and investigation(a line management
function)
• provision of information and training
• health and safety planning, monitoring and audit
• liaison with enforcement authorities
• role of health and safety adviser
• joint consultation
 Arrangements for health and
safety
This part of the policy is concerned with the practical
arrangements in force to contribute to overall policy
implementation

An arrangements section may be lengthy and detailed: often

presented in the form of a manual with cross referencing to
the policy and organisation sections
 Arrangements for health and
safety: typical contents
• Terms of reference of health and safety committee
• injury and ill-health reporting arrangements
• procedures concerning health and safety of visitors and
contractors
• first aid arrangements
• dealing with emergencies including fire precautions
• conduct, recording and review of risk assessments
• statutory inspections of plant and equipment
• health screening e.g. pre-employment examinations,
routine health surveillance, DSE user eye examinations
 Revision of policy
Policy revision is required as a matter of law (HSWA S2(3))
and to ensure a process of continuous development and
improvement - key driving factors for revision include:
• Time
• Results of monitoring (proactive and reactive)
• New legislation and guidance
• Comparative performance with others in same or similar
sectors of employment
• Significant organisational changes
• Introduction of new process and technologies
 Health and safety policies:
common failures
• Window dressing
• Lack of visible senior management involvement
• Low ranking of health and safety in comparison with other
business activities e.g. financial management, quality
control
• Inadequate resourcing to meet overall aims of policy
• Poor management accountability - someone else's problem
• Excessive emphasis on employee responsibilities
• Inadequate communication