Civil Engineering Reference
In-Depth Information
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The health and safety consequences of the intro-
duction of any new technologies into the workplace.
Regulation 4 - Functions of appointed safety
representatives
To investigate potential hazards and dangerous occurrences
at the workplace and to examine the causes of accidents at
the workplace
15.29.3
Inspections - regulations 5 and 6
Safety representatives are entitled to inspect the work-
place every three months (or more often with the
employer's agreement) if they have given the employer
reasonable notice in writing of their intention to do so.
Further inspections may be carried out if there has been
a substantial change in work conditions or because of
the introduction of new machinery or otherwise.
The employer must provide facilities and assistance
to enable the safety representative to carry out inspec-
tions and the employer may be present in the workplace
during the inspection.
Where there has been a reportable injury, dangerous
occurrence or a case of disease has been contracted in
the workplace, the safety representative may inspect the
workplace, if it is safe to do so, and the employer must
provide facilities and assistance to enable this includ-
ing facilities for independent investigation and private
discussion with the employees.
To investigate complaints by any employee they represent
relating to that employee's health, safety or welfare at work
To make representations to the employer on matters arising
out of the above
To make representations to the employer on general matters
affecting health, safety or welfare at work of the employees
at the workplace
To carry out inspections in accordance with regulations 5, 6
and 7 (see below)
To represent employees they were appointed to represent
in consultation at the workplace with enforcing authority
inspectors
To receive information from enforcing authority inspectors
To attend meetings of safety committees in their capacity as
a safety representative
15.29.4
Information - regulation 7
Note:
The above functions do not impose duties on
safety representatives nor do they absolve them of their
duties as employees.
If they have given reasonable notice to the employer,
safety representatives are entitled to inspect and take
copies of relevant documents which the employer is
required to keep under relevant statutory provisions,
except documents consisting of or relating to any health
record of an identifi able individual.
The following documentation is excluded from this
requirement:
15.29.2
Employer duties - regulations 4(2) and 4A
The employer is required to permit the safety repre-
sentative to take time off with pay during working hours
to fulfi l their functions and to undergo training in their
functions.
Where the employer fails to permit safety represent-
atives time off or fails to pay them for time off, the safety
representative may complain to the employment tribunal
(regulation 11).
The employer is also required to provide the safety
representative with facilities and assistance to enable
the representative to fulfi l their functions and to consult
with them in good time on the following matters:
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Any information, the disclosure of which would be
against the interests of national security
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Any information which the employer could not dis-
close without contravening a prohibition under any
enactment
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Any information relating specifi cally to an individual
unless they have given their consent to its disclosure
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Any information, the disclosure of which could
cause substantial injury to the employer's undertaking
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Any information obtained by the employer for the
purpose of bringing, prosecuting or defending any
legal proceedings.
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The introduction of any measure which may affect the
health and safety of the employees they represent
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The employer's arrangements for appointing or nom-
inating competent persons under the Management
of Health and Safety at Work Regulations 1999 (see
later)
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Any information the employer is required to provide
under other relevant legislation
15.29.5
Safety committees - regulation 9
Where two or more safety representatives make a writ-
ten request to the employer to set up a safety commit-
tee, the employer must:
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The planning and organisation of any training the
employer is required to provide under other relevant
legislation
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Consult with the safety representatives in respect of
the function of the committee
