Civil Engineering Reference
In-Depth Information
Safety Representatives and Safety Committees
Regulations 1977
Under these regulations, the appointment of representa-
tives is undertaken in writing by a recognised trade
union who will then inform the employer of the name of
the representative and the group of employees they will
represent.
A safety representative does not require any
specifi c qualifi cations to fulfi l the role, but the minimum
requirement should be at least two years' service with
the present employer or two years in similar employ-
ment. Once appointed, a safety representative remains
in the position until they resign the appointment, leave
the employer or the nomination by the appointing trade
union is withdrawn.
There is no statutory requirement on the number
of representatives required for a particular size of
workforce. The guidance notes offer the advice that
when determining the numbers appointed, consideration
should be given to:
of changes and in the solving of any potential problems,
rather than being merely informed after decisions have
already been taken.
One of the most effective methods of establishing a
safety culture is to consult with employees over safety-
related matters, and be seen to act on their suggestions,
where reasonably practicable. This is the main differ-
ence between consulting with employees and merely
informing them as required by current legislation. This
statutory consultation raises the profi le of safety among
the workforce and ensures that the management team
is seen to be committed to the partnership approach to
safety.
Current safety legislation provides for the appoint-
ment of recognised trade union safety representatives
(this has to be completed in writing).
The employer has to consult with the safety
representative to ensure the adequacy of arrangements
to safeguard health and safety at work.
In addition, the law allows for the formation of
safety committees to ensure that consultation can be
managed effectively and which can monitor and review
the measures taken to ensure health and safety at work.
➤
The total numbers employed
➤
The variety of the different occupations involved
➤
The size of the workplace and the locations involved
➤
Particulars of shift systems and
➤
The inherent dangers of the work activities.
3.4.1 Specifi c legislation that requires
consultation (other than HSWA)
Functions of the representatives
It is important to note that representatives are given func-
tions only, as opposed to duties. A function is defi ned
as an activity that a safety representative is permitted
to carry out by legislation but does not have a duty to
perform. It is, therefore, treated as an advisory action.
A safety representative cannot be held accountable for
failing to carry out a function or for the standard of the
advice given when performing a function, and the HSE
has issued statements to the effect that no action will be
taken against them in respect of these regulations.
This does not mean that representatives have no
duties at all. They are still required to act reasonably
and to cooperate with the employer, but there are no
additional
duties under the SRSC Regulations.
The reason for this specifi cation was that if a
representative were to be held liable for advice he gave
to management, or for not carrying out safety inspec-
tions, for example, there would be a severe shortage of
those willing to volunteer for the role and safety culture
would suffer accordingly.
The main functions are as follows:
The Safety Representatives and Safety Committees
Regulations 1977 (SRSC), which deal with the appoint-
ment of representatives in unionised workplaces, and
the Health and Safety (Consultation with Employees)
Regulations 1996, which applies where the workplace in
question is not covered by a recognised trade union.
The Schedule to the MHSW Regulations had the
effect of updating the SRSC Regulations by placing an
obligation on employers to consult safety representa-
tives in good time with respect to:
➤
Workplace measures which may affect the health
and safety of employees
➤
The arrangements for appointing competent
persons
➤
Any statutory obligations to provide health and
safety information to employees
➤
Any statutory obligations to plan and organise the
health and safety training of employees and
➤
The health and safety consequences of the intro-
duction of new technology.
1.
To take reasonably practical steps to keep himself
informed of:
In addition to these duties, the employer must also pro-
vide any such facilities and assistance as time off and
training that safety representatives may reasonably
require in order to carry out their full range of functions.
(a) The legal requirements relating to the health
and safety of people at work, particularly the
group of people they directly represent
