Civil Engineering Reference
In-Depth Information
A recurring theme throughout these regulations is that
the employee representatives have the right to perform
certain functions, and the employers are then required
to provide them with such facilities and assistance as
they may reasonably require them to carry out.
Specifi cally, an employer must:
➤
Provide time off with full pay to enable the repre-
sentative to carry out his functions and to undergo
such safety training as may be required. There is no
statutory requirement determining the type or level
of training required, but guidance suggests it should
be appropriate to the level and type of risks encoun-
tered within the workplace in question
➤
Provide information which the representative may
need to fulfi l their functions. The guidance notes to
the regulations suggest that this should include:
Figure 3.8
Safety representatives have a right to conduct
inspections of the workplace quarterly.
(a) Information about the plans and performance
of the workplace, with particular regard to any
proposed changes which may have health and
safety implications
(b) The particular workplace hazards and the
measures necessary to eliminate or minimise
the risks deriving from these hazards
(c) The employer's health and safety policy, as he
is included in it somewhere
2. To encourage cooperation between the employer
and his employees in promoting and developing
essential measures to ensure the health and safety
of the workforce and in checking the effectiveness
of these measures
3. To investigate:
(b) Technical information about hazards in the
workplace and the precautions necessary to
overcome them. This might include safety man-
uals, materials safety data sheets, manufactur-
ers' instructions, etc.
(c) Records of any accidents and diseases and sta-
tistics relating to these
(d) Any other information which would be relevant,
for example results of inspections, air monitor-
ing, risk assessments, noise surveys, etc.
(a) Hazards and accidents in the workplace,
specifi cally those which are reportable to the
enforcing authority and
In general, the functions laid down for union appointed
safety representatives under the SRSC are taken as a
recommendation for the conduct of non-union appointed
representatives. To properly deal with representatives
from these other workplaces it is necessary to look at
the regulations which were introduced to include them
in the consultation process.
(b) Employee complaints relating to health, safety
and welfare
4.
To carry out inspections in the workplace, with a
right to do so every three months
5.
To alert the employer, in writing, to any unsafe or
unhealthy working practices or conditions, or unsat-
isfactory arrangements for welfare at work
The Health and Safety (Consultation with
Employees) Regulations 1996 (HSCER)
The HSCER covers consultation with employees who
are not in groups covered by trade union elected safety
representatives. These employees can be consulted
directly or through their own elected representatives (the
consultation method should be one suitable to all the
parties involved).
6.
To represent the employees to whom he has been
appointed in consultation with HSE inspectors
and any other enforcing authority. This may be as
a result of an accident, an employee complaint or
simply a routine visit by the inspector
7.
To receive information from HSE inspectors regard-
ing site visits, fi ndings of inspections or investiga-
tions, and any future action to be taken.
Employers' duties
Where there are employees who are not represented by
safety representatives under SRSC, the employer has to
consult those employees or their elected representatives
(representatives of employee safety) on matters relating
8.
To request the formation of a safety committee
(two or more representatives must make the
request).
9.
To attend safety committee meetings in connection
with the previous items.
